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Family of man killed after ‘swatting’ call sues Wichita

Police body camera images of The December 28, fatal incident courtesy Wichita Police

WICHITA, Kan. (AP) — The family of a Kansas man fatally shot by police at the door of his home after a hoax emergency call has sued the city of Wichita and the unidentified officers involved.

The federal lawsuit filed in U.S. District Court of Kansas seeks unspecified damages related to the Dec. 28 death of Andrew Finch in Wichita. The unarmed 28-year-old man was shot by police responding to a California man’s call with a fake story about a shooting and kidnapping at Finch’s Wichita home.

The shooting drew national attention to a practice called “swatting,” in which a person makes up a false report to get emergency responders to descend on an address. The hoax call reportedly was made after a dispute over a small wager online in a “Call of Duty” online video game tournament, according to Dexerto, a news service focused on gaming.

“The family wants justice and reform — they want to make sure Andy’s legacy means something and maybe some other family won’t have to experience the tragedy they are experiencing because of a change in policy and procedures,” said civil rights attorney Andrew M. Stroth, who is representing the family. His Chicago law firm specializes in police shootings cases nationwide.

Wichita police officers have been involved in at least 29 shootings between 2010 and 2015, resulting in at least 15 deaths, according the lawsuit. In most of these cases, the city has declined to release the names of the involved officers.

“Two children — a 7-year-old boy and an almost 2-year-old girl — lost their father because of the unjustified and unconstitutional acts of the Wichita Police Department as well as the policies, practices and custom of the WPD,” Stroth said.

Tyler Barriss, 25, of Los Angeles has been criminally charged with involuntary manslaughter, giving false alarm and interference with a law enforcement officer for allegedly placing the hoax call. Barriss is not named as a defendant in the Finch family’s civil lawsuit.

“Wichita leadership is trying to put all the blame on the young man in California who placed the swatting call,” Stroth said. “But let’s be clear: the swatter did not shoot the bullet that killed Andy Finch. That was an officer working under the direction of the Wichita Police Department.”

The lawsuit cites FBI crime statistics showing Wichita has a ratio of one shooting death for every 120 officers — a number that is 11 times greater than the national ratio and 12 times greater than the ratio in Chicago.

“How can Wichita police department officers not be trained to deal with this type of situation,” Stroth said. “Swatting is not new, prank calls are not new.”

The hoax call was not a local 911 call, and the house the caller described did not match the description of the house police surrounded in Wichita. Those factors should have been assessed prior to a police officer from 40 to 50 yards away shooting a bullet at Finch, Stroth said.

Police have said officers told Finch to put his hands up and move slowly and that Finch moved a hand toward the area of his waistband. Police have also said an officer who feared Finch was reaching for a gun fired a single shot. Finch was unarmed.

Sedgwick County District Attorney Marc Bennett said earlier this month that he is still reviewing whether any charges will be filed against the police officer, and once he makes a determination that decision would be made public.

Ex-Kansas teacher sentenced after sex with student

Bauman-photo Brown Co.

HIAWATHA, Kan. (AP) — A former Kansas high school biology teacher was sentenced to three years of probation for having sex with a student.

Twenty-four-year-old Gabrielle Bauman, of Fairview, was sentenced Monday. She will have to register as a sex offender for 25 years.

Bauman was arrested in September after Hiawatha police investigated a report made to the school district in in mid-June. At the time, she taught anatomy and biology at Hiawatha High School.

A criminal complaint indicated the student was 16 or older and enrolled at the school. The victim and the victim’s family asked that she receive probation.

Second Kansas teen jailed for fatal motel shooting

Gonzalez-Rook

SHAWNEE COUNTY— Law enforcement authorities are investigating a fatal shooting and have a second suspect in custody.

On Monday, deputies located Vincent D Gonzalez-Rook,19, driving a reported stolen vehicle in the 5000 Block NW Pueblo Ct. in Topeka. After a pursuit with Shawnee County Sheriffs deputies, they found the vehicle, unoccupied, in the 3300 block of NW Hodges in Topeka.  Deputies set up a perimeter in the area and  Gonzalez-Rook was taken into custody at 7:06am in the 3000 block of NW Hodges.

On January 12, police located and arrested Logan L Bartley,19, in the 600 Blk SE Leland in Topeka.

Both were booked into the Department of Corrections on charges of 1st Degree Murder in connection with the Thursday January 11, fatal shooting at motel in the 700 Block of SW Fairlawn in Topeka.

Bartley-photo Topeka police

One victim, Jesse Lee McFall, 31, suffered multiple gunshot wounds and was transported to a local hospital where he died from his injuries.

The shooting stemmed from an argument between known subjects, according to Lt. Jennifer Cross.

Shawnee County prosecutors allege Bartley shot 31-year-old Jesse Lee McFall at the Best Western Hotel.

Private voter data for Kansans exposed in Florida

TOPEKA, Kan. (AP) — Efforts to detect voter fraud led to private voter data from nearly 1,000 Kansans being exposed earlier this year by officials in Florida.

The Topeka Capital-Journal reports the incident is raising more questions about the Interstate Crosscheck System, which was designed in Kansas to detect double voting or people who register to vote in more than one state.

In 2013, Kansas sent a list of 945 potential double registrants to Florida over an unsecured email account. The information included partial Social Security numbers. The Florida Department of State released that list in September to a Kansas woman who sent an open records request.

In response to the revelation, Florida election officials on Friday offered a year of free fraud detection and protection services to those affected by the data release.

HPD: Winter Storm Traffic Emergency Plan ends

HPD

City Manager Toby Dougherty has ended the Winter Storm Traffic Emergency plan for the City of Hays. People who live or work along emergency snow routes can now return to their normal routine of parking on the snow routes. The City of Hays Public Works Department will continue with snow removal operations throughout the day. Tonight, the crews will focus on removing snow from the downtown area.

While the worst of the winter storm has missed the City of Hays, winter precipitation and blowing snow may continue to cause problems through the day. The Hays Police Department is asking motorists to limit their travel if at all possible. Those that must travel are advised to do so with caution and are encouraged to give themselves extra time to reach their destination. Please remember to drive slowly, pay attention to vehicles in front of you, and allow for extra stopping distance. The public’s cooperation is greatly appreciated. If there are questions, please contact the Hays Police Department at 625-1030 or the Hays Public Works Department at 628-7350.

News From the Oil Patch, Jan. 22

By JOHN P. TRETBAR

TransCanada announced it has secured commitments of half a million barrels per day, Keystone Pipeline expansion across Nebraska to move forward. The company says its preparing for construction and working with the new list of landowners to get the necessary easements along the new route approved by state regulators in November.

Opponents filed court challenges to the new route and say the company’s announcement changes nothing. Arguments are expected before the state Supreme Court later this year. If the challenge succeeds, the company would have to file for a new permit, which could take up to a year.

Federal investigators believe a broken wheel caused a May 2015 oil train derailment and fire that prompted the evacuation of Heimdal, North Dakota. Investigators found a mark on the track indicating a broken wheel and found pieces of a broken wheel at the scene. The National Transportation Safety Board said workers had repaired another defective wheel on the train two days before the catastrophe. Five derailed cars breached and spilled nearly 100,000 gallons of crude oil, fueling a massive fire that forced 30 people had to evacuate.

Independent Oil & Gas Service reported a slight decline in the number of active drilling rigs across Kansas, with seven in the eastern half of the state, down two, and 25 west of Wichita, down one. Baker Hughes reported 936 active drilling rigs nationwide Friday, adding two gas rigs but losing five exploring for oil. Canada reports 325, an additional 49 active rigs.

Kansas operators filed 45 permits to drill at new locations last week, 28 east of Wichita and 17 in the western half of the state.

Independent Oil & Gas Service reported 34 newly-completed wells in Kansas last week, 13 in eastern Kansas and 21 west of Wichita. There were two completions in Barton County, three in Ellis County and two in Stafford County.

OPEC and others insist they’ve reduced crude consumption by 1.8 million barrels per day as part of last year’s agreement. But one analyst insist the actual reduction was closer to a quarter million barrels. Robert Boslego claims the Saudis and Russians are posting normal seasonal declines as new production cuts.
Saudi Arabia’s energy minister said Sunday that OPEC and other big-oil producing allies like Russia should find ways to cooperate beyond their current production agreement. He said OPEC’s message should be that this is something that is here to stay.

North Dakota oil production increased about 1 percent in November to 1.19 million barrels per day. Director Lynn Helms of the Department of Mineral Resources says he expects later this year his state will beat the its best-ever production of 1.23 million barrels per day, set back in December of 2014.

Last week CNN reported the oil spill from a sunken tanker off the coast of China was “…bigger than Paris.” Now it’s bigger than Paris, Lisbon and Zurich combined. China’s State Oceanic Administration said Sunday there are three spills, which have tripled in size to 128 square miles in the week since the tanker exploded and sank.

Revised numbers released this week show North Dakota’s oil industry failed to meet the state gas capture target in October. The Department of Mineral Resources reports the industry flared slightly more than 16 percent of Bakken natural gas produced in October. The target is 15%, but that increases to 88% in November. Director Lynn Helms said it will take “serious investment” in natural gas gathering and processing to meet that target.

U.S. shale oil production will grow by 111,000 barrels a day to 6.55 million barrels a day in February, according to a government forecast. Most of that increase came from the Permian Basin in Texas and New Mexico which gained 76,000 barrels a day. Surging shale production is poised to push total US output to record levels not seen in nearly 50 years, rivaling the world’s leading producers.

EIA this week also reported the highest demand for gasoline in January since 2011. That pumped up prices by about four cents on the week to a nationwide average of $2.534. Triple-A says the statewide average in Kansas jumped about nine cents in the last week to $2.375. Prices at the pump in Hays and Great Bend were up to $2.33 a gallon.

Two oil patch trade groups in Oklahoma are supporting “Step Up Oklahoma,” a plan proposed by a civic group that would double the production taxes on new wells. One of the groups has already gone to court to block a different effort that would nearly quadruple that tax. The Oklahoma Oil & Gas Association and The Oklahoma Independent Petroleum Association announced their support for the alternative plan, that, among other things, would essentially do away with a two percent tax reduction granted for new wells a few years ago. After 36 months the rates go up to seven percent anyway. OIPA last week filed legal challenges against a ballot initiative that would tax all production, including those first three years, at seven percent.

Tigers In Service packages 15,000 meals during Alternative Winter Break

Courtesy photo
FHSU University Relations

Sixteen volunteers from Fort Hays State University’s Tigers In Service recently traveled to Houston, Texas, for an alternative winter break focused on community service.

Over the course of four days, students performed a combined 448 hours of service at the Houston Food Bank by preparing food, packaging meals, packaging emergency care kits and assisting with clean-up. The 15,000 meals packaged by Tigers In Service will be distributed to soup kitchens, meal sites and the Backpack Buddy and Kids Café programs.

The Houston Food Bank is a non-profit organization that collects and distributes food to hunger relief charities. As one of the largest food banks in the nation, it played a significant role in Hurricane Harvey relief efforts.

Tigers In Service, an initiative in FHSU’s Center for Civic Leadership, is a student-operated program that acts as a clearinghouse for college students who want to participate in community service activities.

Students with hometown and major are listed alphabetically.

Kialani Brooks, Kansas City, is a sophomore.

Chase Buntain, Great Bend, is a senior majoring in biology and German.

Fatima Contreras, Salina, is a sophomore majoring in graphic design.

Morgan Contreras, Hays, is a sophomore majoring in organizational leadership and communication studies.

Alexandra Depew, Wichita, is a sophomore in the Kansas Academy of Mathematics and Science.

Kailee Gibson, Ozawkie, is a senior majoring in chemistry.

Katherine Hernandez, Liberal, is a junior majoring in medical diagnostic imaging and Spanish.

Roy Koech, Russell, is a junior majoring in criminal justice.

Zane Littell, Hugoton, is a senior majoring in chemistry.

Carla Parra-Martinez, Garden City, the student coordinator for Tigers In Service, is a senior majoring in communication studies.

Amanda Ray, Norton, is majoring in nursing.

Ali Sedbrook, Thornton, Colo., a graduate student pursing a Master of Professional Studies, is a graduate assistant in the Center for Civic Leadership.

Samantha Stewart, Abilene, is a freshman majoring in biology.

Jasmine Turley, Beloit, is a junior majoring in biology.

Yuchen Wang, Xi’an, China, a graduate student pursing a Master in Liberal Studies with a concentration in digital cinema design, is a graduate assistant in the Department of Communication Studies.

Students were accompanied by Brittney Squire, coordinator of student involvement.

Kan. prison guard waives hearing in case of sexual contact with inmate

Williams-photo Kan. Dept. of Corrections

RENO COUNTY — A Kansas woman who worked for the Kansas Department of Corrections and facing a felony charge for sexual contact with an inmate at the Hutchinson Correctional Facility waived her right to a preliminary hearing Monday.

Amy D. Hapner, 41, is charged with unlawful sexual relations for an encounter where she’s accused of consensual lewd fondling or touching of inmate, Donell Williams. The alleged crime occurred on May 7, 2016.

Williams is serving time for two counts of murder in the first degree for crimes out of Wyandotte County.

With her waiving the preliminary hearing, she’ll be arraigned on the charge on February 5.

TownePlace Suites set to open in Hays in March

Submitted

Marriott International’s TownePlace Suites by Marriott Hays is scheduled to open for business this March. On average, a TownePlace Suites opens every six days. Built for travelers looking for a simple and friendly place where they can settle-in, keep their routine, and easily connect to the Hays area. The new TownePlace Suites, located at 4001 General Hays Road, continues to exemplify the brand’s rapid growth.

The new hotel will operate as a Marriott franchise, developed by Ferguson Hotel Development of Liberty, Mo., and managed by True North Hotel Group of Overland Park. General Manager Marjorie Dansel leads the management team at the hotel.

“We are excited to introduce the TownePlace Suites brand to the Hays area,” said Diane Mayer, vice president and global brand manager, TownePlace Suites. “At TownePlace Suites, we get it. We want to go above and beyond to do everything we can to make our guests feel comfortable. We encourage our guests to be real, and help them to do so by providing a seamless residential atmosphere with a friendly staff who genuinely care about our guests. That is what our brand is all about, and this property is a great example of that.”

The new hotel allows guests to keep their routine and settle into the Hays neighborhood. All service team members are thoroughly trained on local knowledge and look forward to connecting guests to the local area. Our floor-to-ceiling TowneMap® also helps guests instantly acclimate themselves by featuring great places to eat, play and live (explore). The TownePlace Suites Hays is located just 5 miles from Hays Municipal Airport and offers guests convenient access to historic Fort Hays, the Sternberg Museum and Fort Hays State University.

Ideal for travelers who need accommodations for longer stays, this new property offers studio, one-bedroom and two-bedroom suites with fully equipped kitchens, as well as separate living/working and sleeping areas. Guests can work and relax on their own terms in modern suites that feature full kitchens with stainless steel appliances and granite countertops, adjustable work spaces with built-in shelves and lighting, a large flat screen television, as well as luxurious new bedding. Most rooms also feature the Home Office™ Suite, designed to provide guests with plenty of storage and flexible space to spread out and make it their own.

The TownePlace Suites Hays allows guests to maintain a healthy lifestyle with an array of food options. While on property guests can create their own complimentary hot breakfast every morning in the lobby area, and can fire up their stay by grilling up dinner on our outdoor Weber grills. The 24-hour In a Pinch® market and On Us® coffee service offer guests the chance to get their snack and caffeine on whenever they feel the need.

TownePlace Suites helps its guests stay organized on the road with the help of our partners the Container Store. While staying at the TownePlace Suites Hays, travelers can unpack their suitcase in a custom elfa® closet. From drawers to shelves to smart hanging space, you’ll find everything you need to make you feel right at home. Other hotel amenities include an indoor swimming pool, a fitness center open 24 hours per day, laundry facilities, complimentary Wi-Fi throughout the hotel and on-site business services, including copying, faxing and printing. As a brand TownePlace Suites recognizes that your family may include more than just humans, that is why the hotel is pet-friendly (fees may apply).

Two charged for sexual assault at Salina military school

SALINA, Kan. (AP) — Authorities have filed criminal charges against two former students related to last week’s sexual assault in a dorm room at St. John’s Military School.

Court records show the two boys, ages 15 and 16, were formally charged late Friday with aggravated criminal sodomy, a felony. The Associated Press is not naming them because they are juveniles.

The attorney for the family of the 15-year-old Texas boy who was allegedly assaulted says the family has taken him out of school.

St. John’s Military School posted a statement on its website saying a “deeply troubling incident” took place on campus and that staff notified local authorities. It added that “every child deserves to be believed.”

The school says the two cadets who were arrested were dismissed from the school.

Russell man jailed on suspicion of attempted murder

RUSSELL — At approximately 1:06 p.m. Sunday, the Russell Police Department responded to the 500 block of East Second in Russell for a report of a subject with a gunshot wound.

Officers from the RPD, Russell County Sheriff’s Department and Russell EMS responded.

One person was transported to Russell Regional Hospital.

Aldo Steffen, 29, Russell, was placed under arrest and taken to the Russell County jail. He was booked on suspicion of attempted murder, and bond was set at $250,000.

An investigation is continuing.

— RPD news release

Police officer charged for incident at Kansas youth ball game

WICHITA, Kan. (AP) — Authorities say a Wichita police captain has been charged with battery and disorderly conduct after allegedly pushing a teenage referee during a youth basketball game.

The misdemeanor charges identify the captain as Kevin Mears.

Augusta City Prosecutor Benjamin Winters said in a statement Monday that the case was investigated by the Augusta Department of Public Safety. He says the investigation included numerous witness statements and video evidence.

The Jan. 13 confrontation happened in the town of Augusta, which is just east of Wichita. A video of the confrontation has been shared thousands of times since it was posted to Facebook.

Wichita police have said, without identifying the officer, that an off-duty captain accused in the incident has been placed on paid administrative leave.

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