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WATCH: Kansas governor concedes, says he will endorse Kobach

WICHITA, Kan. (AP) — Kansas Gov. Jeff Colyer conceded Tuesday evening in the state’s Republican gubernatorial primary, saying he would endorse Secretary of State Kris Kobach a week after their neck-and-neck finish threatened to send the race to a recount.

Colyer accepted defeat after a review of some provisional ballots from most Kansas counties failed to find enough votes for him to overcome a deficit of 110 votes at the time of poll closing in the Aug. 7 primary, out of more than 311,000 votes initially counted.

Kobach will face Democrat Laura Kelly, and is likely to face independent candidate Greg Orman, in the November general election in the decidedly conservative state.

The disputed race was intense and prompted a lengthy county-by-county review of provisional ballots. The aftermath of the primary included both candidates challenging each other’s legal interpretations, sending observers to monitor the vote count and raising the specter of lawsuits.

It included a fight over how to count unaffiliated voters who were simply given a provisional ballot by poll workers without first having them fill out a party-affiliation statement. Colyer’s campaign had representatives in all 105 counties when provisional ballots are reviewed.

Colyer also questioned whether Kobach — as secretary of state the top election official in Kansas — was advising counties not to count some mail-in ballots, including those with missing or unreadable postmarks.

Kobach removed himself from election-related duties on Aug. 10 until the primary outcome was resolved, but Colyer argued that Kobach still had a conflict of interest because his top deputy took over Kobach’s responsibilities.

Kobach rejected Colyer’s criticisms, saying his “unrestrained rhetoric has the potential to undermine the public’s confidence in the election process.”

Kobach, 52, has a national conservative following thanks to his strong stance against illegal immigration and his fervent defense of voter ID laws. He was vice chairman of the Trump administration’s election-fraud commission, though the commission eventually found no evidence to support Trump’s claims of widespread voter fraud in the 2016 presidential election.

Kobach’s voter ID efforts also took a hit in June when a federal judge found the Kansas voter ID law he championed was unconstitutional.

Colyer, by contrast, is far more low-key. He is a 58-year-old plastic surgeon from suburban Kansas City. He served as lieutenant governor for seven years and took over as governor in January when Sam Brownback resigned to become ambassador-at-large for international religious freedom.

He helped craft state health care legislation as a lawmaker before his election as lieutenant governor in 2010. As lieutenant governor, he supervised a 2013 initiative that privatized Kansas’ Medicaid health coverage for the needy.

Provisional ballots are cast when questions about a voter’s eligibility cannot be easily resolved. The problem could involve a name not showing up on the voter rolls or a voter’s address not matching a photo ID in states where that is required.

National data from the Election Assistance Commission shows that the most common reason for rejection was that a voter was not registered in the state. Other reasons include provisional ballots being cast in the wrong county or wrong precinct and problems with a voter’s identification or signature.

Colyer ran unsuccessfully for Congress in 2002 before being elected to the Kansas House in 2006, then to the state Senate in 2008.

He has for three decades traveled abroad for medical relief missions, working and training local doctors in Afghanistan, Rwanda, Iraq and other countries.

Before becoming governor, Colyer was a loyal No. 2 to Brownback, even when budget problems that followed the governor’s aggressive income tax cuts caused his approval levels to plummet. Lawmakers in 2017 rolled back most of those cuts.

Colyer skirted legal trouble after making three $500,000 loans to Brownback’s and his own re-election campaign in 2013 and 2014. Two of the loans were paid back within days. Democrats speculated they might have been timed to inflate campaign-finance reports. They came as the Republican governor faced the prospect of losing to a well-financed Democratic challenger, Paul Davis. Brownback eventually won by a 50 percent to 46.1 percent margin.

Brownback’s office said the loans were in compliance with Kansas law and ethics regulations. A grand jury investigation ended with no criminal charges.

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WICHITA, Kan. (AP) — Kansas Secretary of State Kris Kobach still led Gov. Jeff Colyer in the Republican race for governor after provisional votes were counted Tuesday in the state’s most populous county.

Johnson County released its count Tuesday evening, which pushed Kobach over Colyer by just 345 votes out of more than 315,000 cast.

That’s a slight increase from earlier in the day, when the state’s second largest county, Sedgwick County, released its numbers and put Kobach ahead of the sitting governor by just 298 votes.

Kobach has been narrowly ahead since the Aug. 7 election.

“We expect this trend to continue and as this trend continues, I’m issuing a call to unity to all Republicans as we now gear up and start marching in the general election campaign,” Kobach said. “It’s absolutely essential that we march together. Whenever Republicans in Kansas are separated, Republicans in Kansas lose.”

Colyer was expected to issue remarks in Topeka later Tuesday evening.

His attorneys sent a letter to the Johnson County Board of Canvassers an hour before the board met arguing that it should include more than 150 ballots that were discarded because the signature did not match the voter’s registration.

Provisional ballots are cast when a voter’s eligibility is questioned. Those votes are now being counted by the state’s 105 counties in a process that’s expected to stretch out over the week and into Monday.

But under state law, the candidates must decide by Friday whether to seek a recount.

If either candidate wants a recount, he must request one by Friday evening, under a Kansas law specific to statewide races. State law has no provision for an automatic recount, no matter how close the race.

Kelly Arnold, the chairman of the state’s Republican Party, said he expects the campaigns will wait until Friday’s deadline to decide whether to ask for a recount, especially if the race ends up extremely close within 200 votes or so.

“That’s not a bad thing,” Arnold said. “If you are a candidate and you have been campaigning for a year and a half and raising money from donors and your volunteers put their blood, sweat and tears into a campaign, you want to make sure everything is done accurately. I have faith in the system that we have here in Kansas.”

Kobach had a 206-vote lead on Monday, when the 105 counties began reviewing nearly 9,000 provisional ballots to determine how many of them were cast in the Republican primary and how many will be counted. They have until next Monday, Aug. 20, to finish that process and certify the local results.

More than two-thirds of the counties reviewed provisional ballots on the first day of counting this week.

Fourteen smaller counties began canvassing Tuesday. Two others will begin Wednesday, and six counties will start Thursday, including Shawnee and Wyandotte counties. Rooks County in northwest Kansas has scheduled its canvassing for Friday, and six counties have set it for Aug. 20.

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Colyer concedes defeat in GOP primary

WICHITA, Kan. (AP) — The Latest on the counting of provisional ballots in the tight Republican primary for Kansas governor (all times local):

7:40 p.m.
Kansas Gov. Jeff Colyer, a graduate of Thomas More Prep-Marian who grew up in Hays, has conceded in the state’s Republican gubernatorial primary, saying he will endorse Secretary of State Kris Kobach a week after their neck-and-neck finish threatened to send the race to a recount.
Colyer accepted defeat Tuesday evening after a review of some provisional ballots from most Kansas counties failed to find enough votes for him to overcome a deficit of 110 votes at the time of poll closing in the Aug. 7 primary, out of more than 311,000 votes initially counted.

Kobach will face Democrat Laura Kelly in the November general election.

Colyer is a 58-year-old plastic surgeon from suburban Kansas City. He served as lieutenant governor for seven years and took over as governor in January when Sam Brownback resigned to become ambassador-at-large for international religious freedom.

Kobach had the support of President Donald Trump.

Kan. man who confronted guards at federal building sentenced

KANSAS CITY (AP) — A 32-year-old man who fought with and threatened security officers outside a federal office building in Kansas City has been sentenced to 15 years without parole.

Image of the confrontation courtesy KSHB

James Everett Jr., of Kansas City, Kansas, was sentenced Tuesday for threatening a federal law enforcement officer, resisting a federal law enforcement officer and being a felon in possession of a firearm.

Prosecutors said in March 2016, Everett was yelling and threatening a judge when he approached the Richard Bolling Federal Building in downtown Kansas City.

Everett -photo Wyandotte Co.

Four officers from the Federal Protective Service confronted Everett in front of the entrance. He threatened to blow the officers brains out, began fighting, bit one officer’s finger and spit on another. Two Kansas City police officers helped to subdue Everett.

A loaded handgun was later found in Everett’s car.

Tribute, no charges after 2 German cyclists die in Kan. crash

GALENA, Kan. (AP) — No criminal charges will be filed against the driver who struck and killed two German cyclists on May 8, in Kansas while they rode on the historic Route 66 during a cross-country trip.

A Ghost Bike was placed on Route 66 in tribute to the riders who died-photo courtesy Members of the Kansas Historic Route 66 Association

Cherokee County Attorney Jacob Conard wrote in a letter released Monday that there’s no evidence the 23-year-old driver from Shawnee, Kansas, was under the influence of drugs or alcohol or operating her minivan in a “reckless or dangerous manner” before she struck the two from behind in May.

Seventy-four-year-old Harry Jung and 71-year-old Heinz Gerd Buchel died at the scene, just north of the Oklahoma state line.

But Conrad noted that the burden of proof is lower in civil proceedings, and urged the Kansas Highway Patrol to retain reports in case the families sue.

Kansas woman dies after car hits culvert, overturns

SALINE COUNTY — One person died in an accident just after 2p.m. Tuesday in Saline County.

The Kansas Highway Patrol reported a 2011 Hyundai Sonata driven by Michelle R. LaPierre, 29, Salina,  was eastbound on Crawford just east of Holmes Road in the westbound lane.

The driver made an evasive maneuver steering the vehicle to the south. It left the roadway, struck a culvert and overturned.

LaPierre was pronounced dead at the scene and transported to Carlson-Geisendorf Funeral Home. She was not wearing a seat belt, according to the KHP.

Kansas man facing deportation gets immigration hearing

LAWRENCE, Kan. (AP) — A Kansas man who is fighting deportation to his native Bangladesh will be able to present his case to an immigration judge.

Syed Jamal prior to his release from the Platte County Jail in March
photo SHARMA-CRAWFORD ATTORNEYS AT LAW

Attorneys for Syed Jamal, of Lawrence, announced Tuesday that the Board of Immigration Appeals ruled last week that he should be allowed to present his case to a judge in Kansas City, Missouri.

Jamal and his supporters have been fighting his deportation since Immigration and Customs Enforcement agents arrested him in January in front of his family’s home in Lawrence. He was on a plane back to Bangladesh when attorneys secured a court order to remove him from the plane in Hawaii and bring him back to the U.S.

His attorneys say the decision means Jamal is able to seek any relief available under the law.

No date for the hearing was announced.

Jamal, a Bihari ethnic minority, arrived legally in the U.S. in 1987 to attend the University of Kansas but overstayed his visa while pursuing a doctorate. He has taught chemistry at area colleges and did research at hospitals. For the past five years, the Department of Homeland Security allowed Jamal to remain in the U.S. on orders of supervision, meaning he had to report on a regular basis to ICE offices, where he was issued temporary work authorization cards.

As recently as January, his work card enabled Jamal to secure a teaching position at Park University in Parkville, Missouri. He also has been an adjunct instructor at Rockhurst University and Kansas City Kansas Community College. He was on parental advisory boards at his children’s schools and last year made an unsuccessful run for a seat on the Lawrence school board.

Boil order issued for city of Norton

KDHE

TOPEKA – The Kansas Department of Health and Environment has issued a boil water advisory for the City of Norton.

Customers should observe the following precautions until further notice:

• Boil water for one minute prior to drinking or food preparation or use bottled water.
• Dispose of ice cubes and do not use ice from a household automatic icemaker.
• Disinfect dishes and other food contact surfaces by immersion for at least one minute in clean tap water that contains one teaspoon of unscented household bleach per gallon of water.
• Water used for bathing does not generally need to be boiled. Supervision of children is necessary while bathing so that water is not ingested. Persons with cuts or severe rashes may wish to consult their physicians.
• If your tap water appears dirty, flush the water lines by letting the water run until it clears.

The advisory took effect on Aug. 14 and will remain in effect until the conditions that placed the system at risk of bacterial contamination are resolved. KDHE officials issued the advisory because of a line break resulting in a loss of pressure in the system. Failure to maintain adequate pressure may result in a loss of chlorine residuals and bacterial contamination.

Regardless of whether the public water supplier or KDHE announced a boil water advisory, only KDHE can issue the rescind order following testing at a certified laboratory.

Restaurants and other food establishments that have questions about the impact of the boil water advisory on their business can contact the Kansas Department of Agriculture’s food safety & lodging program at [email protected] or call 785-564-6767.

Man arrested after allegedly waving rifle at employee in Hays vehicle impound lot

Dallman -photo Ellis Co.
Hays police officers responded to a a 911 call at 8:22 a.m. today about an upset man trying to get his semi-truck out of impound.

According to an Aug. 14 news release from Police Chief Don Scheibler, the semi-truck had previously been impounded and stored at a business in the 500 block of Vine Street.

The semi-truck owner, later identified as Mitchell W. Dallmann, 29, reportedly pulled a rifle out of his red Ford Mustang while in the parking lot of Augie’s Repair & Towing, 506 Vine.

Dallmann cycled the action of the rifle, waved it around while yelling at an employee of the business and then drove off southbound, Scheibler said in the news release.

Dallmann was located in La Crosse by the Rush County Sheriff’s Department and was arrested without further incident for aggravated assault with a deadly weapon. Dallman is currently in the Ellis County Jail.

“The Hays Police Department would like to thank the Ellis County Sheriff’s Department, Rush County Sheriff’s Department, and the Kansas Highway Patrol for their assistance,” Scheibler noted. “Dallmann is considered innocent until proven guilty by a court of law.

🎥 Proactive patrolling in school zones by Hays PD

School bus at O’Loughlin Elementary School

By BECKY KISER
Hays Post

School starts Wednesday for Hays USD 489 students with a half-day of classes. TMP-Marian students return to the classroom Friday, Aug. 17 and the fall semester starts Monday, Aug. 20 at Fort Hays State University.

More vehicles will be on the streets, and traffic will be congested at times. There will also be more pedestrians and bicycles around schools.

The Hays Police Department is urging drivers to be vigilant as schedules change.

“Slow down and give yourself extra time to get to where you need to go,” advises Lt. Brandon Wright.

HPD practices proactive patrolling in school zones.

Speeds are reduced in marked areas, usually from 30 mph to 20 mph. If exceeded, drivers can be fined $80 plus $100 in court costs, or more.

“Children are unpredictable. Watch for them at street and alley crossings, or they may pop out between cars without notice,” he warned.

State law requires drivers in both directions to stop for a stopped school bus with its red lights flashing. Drivers cannot proceed until the lights are deactivated and the stop arm is pulled in, or the bus resumes motion.

The Kansas Legislature approved an increase in fines for passing stopped school buses effective July 1 in the 2018 Standard Traffic Ordinance for Kansas Cities. The city of Hays adopted the changed ordinance Aug. 9.

The first offense is $315 plus court costs. A second offense within five years is $750 plus court costs. A third offense in five years is $1,000 plus court costs.

“Watch the buses. Our children are our most precious asset so you need to be careful,” Wright cautioned.

Another area of traffic congestion is pick-up and drop-off of students around schools:

  • Don’t double park or use no parking zones
  • Don’t block driveways
  • Don’t stop in street
  • Don’t make children cross lanes of traffic
  • Use school parking area or curbside drop-off
  • Use crosswalks

If your children are walking or biking to school:

  • Practice route
  • Don’t change route
  • Teach traffic safety
  • Watch driveway and alley accesses

Talk to your children about interaction with unfamiliar persons:

  • Don’t talk to strangers
  • Don’t ride with unknown people without permission
  • Report strangers offering ride or treat
  • Walk/bike with friends, family
  • Have after school check-in plan

School security is also important, Wright added.

“You should only enter through the main doors of the building and check in with the office if you’re visiting the school,” he said.

USD 489 Superintendent John Thissen said Tuesday afternoon the new buzz-in security system is in effect at all schools, although the audio component is incomplete in some locations, requiring school personnel to come to the door. The audio systems should all be installed within the next four weeks, according to Thissen.

All Hays USD 489 schools utilize an electronic ID system for visitors.

“We all have very busy lives, and often we have with lots of things on our minds while driving,” said Wright.

“Stay off your cellphone. It’s a $50 fine plus court costs for writing, sending or reading a written communication while you’re driving, but any use of your phone should be avoided when you’re near a school.

“With the increased activity and excited children all around, tragedy can occur in an instant,” he reminded drivers. “So give yourself plenty of time, and don’t rush if you’re running late.”

Kan. pharmacy owner indicted in prescription drug case

WICHITA, KAN. – A Kansas pharmacist was indicted today on charges of unlawfully dispensing prescription opioids, according to U.S. Attorney Stephen McAllister.

Ebube Otuonye, 45, Bel Aire, Kan., pharmacist and owner of Neighborhood Pharmacy at 2251 E. 21st North in Wichita, Kan., is charged with one count of conspiracy unlawfully to dispense prescription drugs, one count of unlawfully dispensing prescription drugs, and two counts of health care fraud.

The indictment alleges Otuonye unlawfully distributed 21,681 tablets of Oxycodone, 48,683 tablets of Methadone, 18,049 tablets of Hydromorphone and 7,890 tablets of Alprazolam. The prescriptions, written by Wichita physician Steven R. Henson, were issued outside the usual course of professional medical practice and without a legitimate medical purpose, the indictment alleges. Henson is set for trial Oct. 2 on charges of unlawfully prescribing prescription drugs.

Today’s indictment alleges Otuonye filled large numbers of prescriptions in return for cash payments. He filled prescriptions for multiple patients presenting at one time or back-to-back and patients from the same family with identical prescriptions. The large quantities should have put him on notice as a pharmacist of the potential danger to customers of abuse or overdose. The indictment alleges Otuonye filled prescriptions that one of his fellow pharmacists refused to fill. It also alleges Otuonye posted a sign at the pharmacy telling customers that they had to have three non-narcotic prescriptions filled in order to have their narcotic prescriptions filled.

The indictment alleges Otuonye defrauded Medicare and Medicaid by submitting claims for illegally filling prescriptions.

The indictment seeks to forfeit more than $122,000 in proceeds from the crimes, as well as Utuonye’s retail pharmacy license and his DEA registration number.

If convicted, Otuonye faces penalties of up to 20 years in federal prison and fines up to $1 million on the drug charges and up to 10 years and a fine up to $250,000 on the health care fraud charges.

Survivor of Branson boat sinking urges ban on duck boats

INDIANAPOLIS (AP) – An Indiana woman whose husband and three children died when a duck boat sank last month in Missouri says she hopes to save lives by backing an effort to ban the amphibious tourist boats.

Tia Coleman far left lost nine members her Indiana family when the boat sank -Photo courtesy GoFundMe

Tia Coleman spoke through tears during a Tuesday news conference at her Indianapolis home, saying that the house no longer felt like a home without her family.

Seventeen people died when the boat sank during a July 19 storm near Branson, Missouri, including 40-year-old Glenn Coleman, 9-year-old Reece, 7-year-old Evan and 1-year-old Arya. Five other Coleman relatives also died.

Photo courtesy NTSB

Tia Coleman urged people to sign an online petition calling on federal officials to ban the boats.

Two lawsuits have been filed on behalf of other Coleman relatives against the boat’s owners and operators.

Drivers find flooded roads in southwest Kansas

FORD COUNTY —  The National Weather Service issued a flood warning for portions of southwest Kansas late Monday and many roads are flooded.

“Not something you see every day in Ford County,” according to Fire Chief Rob Boyd- photo courtesy Ford Co. Fire and EMS

Two people had to abandon a vehicle on Saddle Road in southwest Ford County Tuesday, according to Fire Chief Rob Boyd.

The driver and a passenger were not from Ford County and did not require transport for treatment, according to Boyd. 

That area of Ford County received from 5-7 inches of rain. As the water recedes, officials hope to pull the vehicle from the water late Tuesday, according to Boyd.

Ellis Co. Commission approves increase pay for mechanics, fire truck purchase

By JONATHAN ZWEYGARDT
Hays Post

Mechanics in the Ellis County Public Works Department will be getting a boost in pay for the next year after the Ellis County Commission voted to approve premium pay in an effort to maintain employees and recruit new ones.

Earlier this month, the commission approved an amendment to the county’s pay plan policy that creates premium pay for positions that are considered high-demand.

For a position to be classified as high-demand, it has to have had higher than average turnover for the past three years and the average time that the position has been vacant must be more than 10 percent longer than the average time to recruit for other positions over the past year.

According to the County Administrator Phillip Smith-Hanes, the mechanic position has seen a more than 20 percent turnover rate over the past three years and one position has been vacant for a year.

By defining the mechanic position as high-demand, it will increase the rate of pay for the two mechanics already on staff by 10 percent and also increase starting salary by 10 percent for any new hire.

In other business, the commission approved the purchase of a new fire truck for Ellis County Fire Department Company 6 in Ellis.

The new 2019 rescue truck will replace a 1978 International truck that, according to Director of Fire and Emergency Management Darin Myers, has been experiencing mechanical issues.

The new truck will come from Hays Fire and Rescue for $113,049.

Myers said the purchase is part of the 25-year capital replacement plan for the fire district and was a budgeted expense.

The commission also approved two conditional-use permits on a pair of 2-1 votes.

The first was for a bed and breakfast located at 273B Munjor Road, south of Ellis. The second was for a Midwest Energy substation at 2303 Mount Pleasant Road south of Hays.

Commissioner Barb Wasinger, joining the meeting by phone, voted against both permits citing issues with septic system concerns.

Wasinger said, “We have no policy in place for septic systems within Ellis County despite repeated requests from myself to Commissioner (Marcy) McClelland asking, ‘What we’re going to do if we won’t allow septic systems?’ ”

The issue stems from the ongoing lawsuit regarding the commission, McClelland and the owner of the proposed Blue Sky Acres residential subdivision south of Hays.

McClelland voted against the final plat of Blue Sky Acres due to concerns over possible water contamination from septic systems.

Wasinger, who has recused herself from the Blue Sky Acres discussion, said Monday, “we are in a state of limbo.”

Commissioner Dean Haselhorst pointed out that in the case of these two permits septic systems is not an issue.

The bed and breakfast will be on a more than 100-acre family farm and there won’t be any development that could be affected, while the substation does not have a septic system.

The commission also approved a revised employee recognition policy.

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