By JONATHAN ZWEYGARDT
Hays Post

Forty-three year-old Anthony Miller was sentenced to almost nine years in prison Monday after he was convicted of aggravated indecent liberties with a child.

Miller was charged with rape and aggravated indecent liberties with a child. In December he was convicted by a jury of aggravated indecent liberties with a child but the jury was deadlocked on the rape charge.

On Monday, Miller was sentenced in Ellis County District Court to 107 months in prison.

The sentencing phase of the trial was delayed a number of times because of Miller’s objection to a portion of his criminal history. At issue were two prior felony convictions in California.

Ellis County Attorney Tom Drees said his office received certified documents from California for residential burglary and aggravated assault with a deadly weapon, but that does not meet Kansas’ “hearsay statute,” so the judge ruled they could not be considered during sentencing.

The “hearsay statute” statute requires court documents to be authenticated. The judge in the case must sign off on the clerk’s signature and vice versa. But Drees said they very seldom receive the verified paperwork because of the reliance on electronic records.

The court services clerk testified Monday court services collected these records while gathering information and Drees said they could also be used under the “business record statute.”

Drees argued that there are three competing statutes and they should be allowed to use a lower standard that only requires a “preponderance of evidence.” The documents received from California, in this case, would fall under that statute.

Because the two California convictions were taken off his history Miller was lowered from an “A” to a “C” on the state sentencing guidelines, according to Drees.

Under column “C” the presumed sentence for aggravated indecent liberties with a child is 233 month or 19 years and five months, a difference of 10 years and six months, according to Drees.

Drees said he hopes they can go to the state legislature and use this case as an example of the need to change what he called an “archaic” statute.

He also stressed the issue was not with the judge or the court but said they are “stuck” with the statute.

Miller gets credit for 579 days served in jail.

HPD

The Ellis County Drug Enforcement Unit will host Drug Take Back Day Saturday, April 29, between 10 a.m. and 2 p.m.

Residents may turn in unused or unexpired prescription and over-the-counter medications in the parking lots of the Hays Good Samaritan Society, 2700 Canal Blvd., or the Hays Visitors Center, 2700 Vine.

The Ellis County Drug Enforcement Unit is made up of representatives from the Ellis County Sheriff’s Department, Hays Police Department, Kansas Bureau of Investigation and Ellis County Attorney’s Office.

The local event is in collaboration with National Drug Take Back Day sponsored by the Drug Enforcement Association (DEA).

KDCF

TOPEKA – Governor Sam Brownback, in partnership with the Kansas Department for Children and Families (DCF), declared April 26 as Drug Endangered Child Awareness Day in Kansas.

In FY 2017, in Kansas, 371 children were removed from their homes due to parental drug abuse—119 of those instances were methamphetamine related.

In Ellis County, part of the KDCF West region, 43 children were removed from their homes during FY’17. Thirty-percent of the removals were for neglect, 12 percent were for substance abuse by parents.

• NEGLECT–13 children
• LACK OF SUPERVISION–8 children
• ABANDONMENT–5 children
• PARENT SUBSTANCE ABUSE–5 children
• PHYSICAL ABUSE–4 children
• CHILD’S BEHAVIOR PROBLEMS–3 children
• EMOTIONAL ABUSE–2 children
• OTHER–2 children
• CARETAKERS INABILITY TO COPE–1 child

No children were removed from Ellis County homes for sexual abuse or truancy.

Click HERE to see out of home placements for each county.

“Parents must understand the negative emotional and physical impact drug use has on children,” DCF Secretary Phyllis Gilmore said. “Children whose parents or caregivers use drugs are at a much higher risk of drug use themselves. Our goal is for all Kansas children to grow up in a drug-free environment, free from the safety risks often associated with parental drug use.”

The National Alliance for Drug Endangered Children defines drug endangered children as children who are at risk of suffering physical or emotional harm as a result of illegal drug use, possession, manufacturing, cultivation or distribution. They may also be children whose caretaker’s substance use interferes with the caretaker’s ability to parent and provide a safe and nurturing environment.

For more information on drug endangered children, visit www.nationaldec.org.

Hays musician Randy Sauer known as “Jammin’ Randy” recently won 2017 Best Children’s Song of the Year from the Indie Music Channel based out of Hollywood, Calif. The winning song — “A Hero Story,” written by Randy — was performed and recorded by Holy Family Elementary second- and third-grade students, where Sauer teaches music. This is the fourth year in a row Randy has won a Children’s Music Award from the contest. The Indie Music Channel Awards Ceremony took place on April 23 at the famed Troubadour in West Hollywood, Calif. Sauer was not able to attend the ceremony this year but has attended two times over the past four years.

There were seven songs nominated in the Children’s Music Category. Three of the nominated songs were songs written by Sauer. The “A Hero Story” song is part of a mini-musical that Sauer wrote called “It’s Cool To Be Kind.” The musical teaches children that being kind to others and treating others with respect is the cool thing to do. “A Hero Story” challenges children to take a look at what type of story they are writing in their life and teaches children that even the smallest kind gestures can make you a hero in someone else’s eyes.

Indie Music Channel was created by Emmy Award winning TV host, actor and model, Christopher Ewing. For more information, visit https://www.theindiemusicchannel.com.

KDOT

A project to resurface a portion of K-18 is moving into Russell and Osborne counties. The Kansas Department of Transportation is now working on a 13-mile stretch from the U.S. 281 junction in Russell County to the Rooks County line.

Project work consists of a 1-inch mill followed by a 2-inch overlay of new asphalt material to improve roadway conditions and extend pavement life. Traffic in the construction zone will be reduced to one lane and controlled by flaggers and a pilot car operation during daylight hours. Minor delays, not exceeding 15 minutes, should be expected. KDOT urges all motorists to be alert, obey the warning signs and “Give ‘em a Brake!” when approaching and driving through work zones. Work is expected to be completed by mid-May, weather permitting.

Venture Corporation of Great Bend is the primary contractor with a project cost of approximately $1.6 million. The project is funded by T-WORKS.

By CRISTINA JANNEY
Hays Post

Mary Ann Shorman, head nurse for USD 489, was honored with the Best of the Best staff award at Monday night’s school board meeting.

Shorman has been a school nurse for the district for 29 years.

“We believe she goes way beyond what her job entails,” said school nurse Diane Muirhead. “She was a very good preceptor for me when I started working as a school nurse.”

Muirhead was one of two nurses who nominated Shorman for the award.

Shorman developed health services policies and procedure and training notebooks for new nurses.

“Mary Ann is very knowledgeable about school nursing,” Muirhead said. “She is an excellent school nurse, and always does the best she can for the students in our district.”

She is on the board of the Kansas School Nurses organization and the School Nurse Advisory Council.

Muirhead said Shorman’s leadership is valuable to the nurses in the district. She always is available to answer questions and can be relied on in any crisis.

“Mary Ann deserves the Best of the Best Award because her actions for the last 29 years have been exceptional,” Muirhead said. “We feel the nurses and USD 489 are better because of her experience and knowledge. We appreciate you Mary Ann, and you truly are the best of the best.”

Vashti Waldschmidt, junior, was honored with the Best of the Best student award.

Waldschmidt was instrumental in the design and implementation of the school’s mural last semester. She is scheduled to graduate ahead of the class.

“Vashti’s leadership is consistently appreciated by staff and peers alike. Anyone who knows her would certainly agree that she is the best of the best. We are so excited and proud for her to receive this award tonight,” Ginny Pricket, teacher at the Learning Center, said.