HUTCHINSON, Kan. — A Hutchinson man will likely spend the rest of his life in prison after being sentenced Friday afternoon in a Reno County courtroom.
Judge Tim Chambers handed down the life sentence for 35-year-old Quinton Moore.
Moore was convicted of shooting 42-year-old Clarence D. Allen multiple times in his head and neck while he slept in his bed at a residence at 1701 E. 30th in Hutchinson.
Under his Miranda rights, Moore admitted to the shooting. Moore had been Allen’s on-again-off-again roommate.
Under the sentence, Moore won’t be eligible for parole for 51 ½ years.
U.S. Sen. Jerry Moran, R-Kan., joined the HACC Chamber Chat Friday morning at FHSU.
By BECKY KISER Hays Post
Sen. Jerry Moran was in Hays on Friday morning to get his hair cut and then swung by the Hays Area Chamber of Commerce Chamber Chat at Fort Hays State University.
The weekly event featured executive staff members of the FHSU Student Government Association, who explained the organization’s purpose and how it works.
Community Relations Director Jacki Dougherty, Wichita junior, talked about the outreach programs she coordinates, including partnerships.
Moran, one of the two Republican U.S. senators for Kansas and a former Hays resident, noted he had served in SGA when a student at FHSU.
“There’s nothing more important than what happens here at Fort Hays State University for the benefit and future of western Kansas. What takes place on this campus matters greatly,” Moran told the crowd. “It’s great to see the chamber of commerce, the business community of Hays, and the students come together.”
Moran visits with constituents at FHSU Friday morning, including Hays City Commissioner Ron Mellick.
After the Chamber Chat, Moran talked with many of the attendees and then sat down for a short interview with local media representatives.
Moran was asked about his vote Thursday for the Emergency Declaration Resolution of Disapproval to block President Donald Trump from using emergency powers to construct a wall along the U.S.-Mexico border. Moran is one of just 12 Republicans who joined with Democrats in the 59-41 vote. The other Kansas senator, Pat Roberts, voted against the resolution.
The Democrat-controlled House approved the resolution last month, 245-182.
“I and many of my colleagues have been interested in more border security. … I’ve introduced legislation related to strengthening our borders, including money necessary for a wall to be built,” Moran said. “The question is, how do we get there since Congress rejected that?”
After the Senate vote, President Trump tweeted “VETO!”
Moran believes Trump has been “unfairly treated by Democratic leadership” that previously voted for funding for a wall and supported it.
“Perhaps because it’s now President Trump, they’re unwilling to do so,” he said.
The contention that building a wall across the southern border is immoral is “just wrong” in Moran’s view. “It is important to have border security and to know who’s coming across our borders.”
It’s also important, Moran says, that Congress abide by the U.S. Constitution.
Moran believes strongly the method of a president declaring an emergency and spending the money is a violation of the Constitution, which Moran has sworn to uphold.
“This can become a precedent for other presidents and emergency powers have certainly been used by previous presidents,” he said. “When (Democratic) President Obama was using executive orders to negotiate an agreement with Iran on its nuclear abilities, that should have been a treaty subject to Senate confirmation. I and many of my colleagues pushed back strenuously on his, in my view, excess use of executive power. The Democrats were in the majority and the votes weren’t there for success in the Senate.
“Other presidents have worked around Congress to do things that requires Congress to be engaged in. It was wrong then and it will be wrong in the future. Having taken that position with President Obama, I can’t pick and choose at which points in time I think the Constitution is important. I think it’s important always.”
The president is acting under an emergency powers act, a law that is unconstitutional, according to Moran, and needs to be repealed or amended.
“That’s where the focus was in advance of this vote and that’s where the focus is today after this vote, is to have a different set of criteria that guides a president’s ability to declare an emergency in what circumstances.”
Moran said he thinks there is sufficient Republican Congressional support to “rein in” the law that allows presidential emergency powers regardless of the circumstances. “I don’t know about Democratic support, but there ought to be to do so.”
Moran acknowledged the difficulty in amending the law.
“Probably no president will ever agree to sign a law that restricts their authorities,” he said with a wry smile. “It’s a really old law and being used in ways suggesting that it must be amended. It will take a president or a super majority of House and Senate members to alter the law.”
According to Moran, the president on Thursday “indicated that he would consider” signing an amended law “in the future.”
Mid-afternoon Friday, President Trump signed the first veto of his administration, overriding Congress to protect his emergency declaration for redirecting more than $6 billion in federal funds for the border wall.
Friday morning Moran predicted there would not be a vote in the Senate on the override and that a vote would fail in the House.
“But I intend to be consistent with my past votes,” he added.
Trump’s national emergency declaration still faces legal challenges. Sixteen states filed a lawsuit last month challenging the declaration as unconstitutional.
Below is the statement Moran issued yesterday regarding his vote on the Emergency Declaration.
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Appropriations Committee – Thursday announced he will support H. J. Res. 46, the Emergency Declaration Resolution of Disapproval.
“President Trump is correct, there is a need for better border security,” wrote Sen. Moran. “…I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.”
“Upon my election to public office, I take one oath – to uphold the Constitution of the United States,” continued Sen. Moran. “I believe the use of emergency powers in this circumstance violates the Constitution. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.”
Sen. Moran’s full written thoughts can be found here and below.
1. President Trump is correct, there is a need for better border security.
2. Our borders are a matter of national sovereignty and control over who enters our country is vital in our fight against terrorism and battle against drugs and human trafficking.
3. Many Americans and most Kansans agree with the President that this is an important issue and must be dealt with.
4. The President has not been fairly treated by Democrats in Congress – a wall is not immoral and democrats have previously supported funding border barriers.
5. I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.
6. The President can advance the building of a wall with the funding just approved by Congress and can increase the funds available by reprogramming other accounts.
7. Therefore, the declaration of an emergency is not necessary.
8. The declaration of an emergency under these circumstances is a violation of the U.S. Constitution. The laws passed by Congress years ago allowing the president emergency powers is flawed and needs to be repealed or amended.
9. In high school government class we all learned about our Founding Fathers and the three separate, but equal branches of government. This concept is one of the most significant in protecting America as a republic and maintaining citizen freedoms & liberties. Both government structure and the Bill of Rights matter.
10. Upon my election to public office, I take one oath – to uphold the Constitution of the United States. I believe the use of emergency powers in this circumstance violates the Constitution.
11. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.
12. Kansans have criticized President Obama for abuse of executive orders, ignoring the laws and avoiding the requirements of negotiating a treaty when dealing with foreign powers. I agree and fought it.
13. I aggressively opposed the overreach of past presidents and believe that I can not pick and choose to now look the other way.
14. If the Constitution means one thing in the Obama administration and another in the Trump administration, the enduring value of the Constitution disappears and another generation of Americans will be less free.
15. The number one responsibility we have as American citizens is to pass to the next generation of Americans our constitutionally guaranteed liberties. There are days where it seems clear we are failing greatly.
16. How we do things – even good things – matters. We were raised that the ends don’t justify the means.
17. To find a loop hole on this issue and to vote another way might be an easier course. But my gut, my intellect, my understanding of history, tells me use of emergency powers is wrong. It can’t be an option to support something I believe wrong.
18. This country is filled with people who care, who are patriots, who served in our military. I try never to let anyone down. On my watch I always want to do right as I see it.
SEDGWICK COUNTY — Law enforcement authorities are investigating an armed robbery and asking for help to identify two suspects.
Security camera photo courtesy Wichita PD
Just after 9:15 p.m. Thursday, police responded to an armed robbery call at Dollar Tree in the 4800 block of east Lincoln in Wichita, according to officer Charley Davidson.
A 56-year-old female employee told police two unknown suspects entered the business. One of the suspects pulled out a handgun and demanded money. The suspects took cash and fled the business on foot.
The first suspect is described as an unknown black male in his 40’s, 6-foot tall, average build, wearing a black puffy coat and blue jeans, and armed with black handgun.
The second suspect is described as an unknown black male in his 40’s, 6-foot tall, average build, wearing a dark blue hoodie and light colored pants.
There were no injuries in this case.
If you recognize these individuals or have any additional information on this case please call Crime Stoppers at 316-267-2111 or WPD Detectives at 316-268-4407.
WASHINGTON (AP) — President Donald Trump issued the first veto of his presidency on Friday, overruling Congress to protect his emergency declaration for border wall funding.
Flanked by law enforcement officials as well as the parents of children killed by people in the country illegally, Trump maintained that he is not through fighting for his signature campaign promise, which stands largely unfulfilled 18 months before voters decide whether to grant him another term.
Trump said: “It is a tremendous national emergency,” adding, “our immigration system is stretched beyond the breaking point.”
A dozen defecting Republicans joined Senate Democrats in approving the joint resolution on Thursday, which capped a week of confrontation with the White House as both parties in Congress strained to exert their power in new ways. It is unlikely that Congress will have the two-thirds majority required to override Trump’s veto, though House Democrats have suggested they would try nonetheless.
Trump wants to use the emergency order to divert billions of federal dollars earmarked for defense spending toward the southern border wall. It still faces several legal challenges in federal court.
Trump is expected to issue his second veto in the coming weeks over a congressional resolution seeking to end U.S. backing for the Saudi Arabian-led coalition fighting in Yemen. The resolution was approved in the aftermath of the killing of journalist Jamal Khashoggi in the Saudi Consulate in Istanbul.
Margaret M. Bennett, 93, passed away Wednesday, March 13, 2019 in Wilson. She was born April 16, 1925 in Clinchco, VA to Steven and Elizabeth Ramsey.
Margaret married Ralph Bennett on October 29, 1944 in Clintwood, VA. She was a longtime resident of Holyrood where she was a member of the St. Paul’s United Church of Christ and the ladies’ auxiliary. She was a homemaker and a retired supervisor at Elkan in Ellsworth.
Margaret is survived by her sons, Dr. Gerald “Jerry” Bennett (Isabel) of Ocoee, FL and Jack Bennett (Denise) of Salina; grandchildren, Sean Bennett (Jasmine), Samantha Burrerll (Josh), and Annabelle Levin; and great granddaughter, Nora Burrell. She was preceded in death by her parents; husband, Ralph; three sisters and two brothers.
Private family services will be planned at a later date.
Memorial contributions may be made to Wilson Care and Rehabilitation Center, c/o, Parsons Funeral Home, Box 45, Ellsworth, KS 67439.
STANTON COUNTY—Law enforcement authorities including the Kansas Bureau of Investigation are working together on a death investigation in the rural southwest Kansas community of Johnson City in Stanton County.
Google map
Just before 2 p.m. Thursday, the Stanton County Sheriff’s Office received a 911 call requesting an ambulance for a man who was suffering from a gunshot wound, according to a media release from the KBI.
When deputies arrived at 505 S. Stanton, Lot 20, in Johnson City they found 39-year-old Joaquin Bautista, of Johnson City, deceased.
The Stanton County Sheriff’s Office requested KBI assistance to investigate the death, and special agents responded.
An autopsy will be conducted to help determine the cause of death. There is no threat to the public, according to the KBI.
WICHITA, Kan. — On March 7, President John Bardo was in an ambulance to his family’s home, following a visit to the Wesley Medical Center emergency room. The ambulance driver asked if there was anything he could do for him.
Bardo said yes, he hadn’t been to campus in three months, so please drive around WSU. The driver said Bardo wouldn’t be able to see anything from the back of the vehicle.
A map of President John Bardo’s funeral procession through the Wichita State University campus. Image courtesy WSU
Undeterred, Bardo said it would be satisfaction enough for him to know he’d been to campus.
In that spirit, the president’s procession will drive through campus early Monday afternoon, on the way from his private funeral services to his burial. The procession, expected between 12:30-1:30 p.m., will include University Police vehicles and a vehicle carrying First Lady Deborah Bardo and members of the family. The motorcade will pause at least five times while passing through campus. The stops are noted on this interactive map.
Provost and Acting President Rick Muma said it is at the discretion of faculty if they want to dismiss classes to view the funeral procession.
The motorcade will enter and exit campus from 17th Street as a salute to Bardo’s interest in the Fairmount neighborhood south of 17th, and his joy in the realization of the Experiential Engineering Building, which opened in January 2017, launching a wave of construction.
The procession will move north through Innovation Campus and then circle around and through the traditional campus, pausing briefly near Marcus Welcome Center, Wiedemann Hall, the 1970 Memorial, NIAR and the Rhatigan Student Center. The stop along Yale Walkway will be between the RSC and Neff Hall. The Bardos met in Neff Hall in 1974 and married in 1975.
A celebration of Bardo’s life will be announced later this spring.
Ora Novelyn King passed away March 14, 2019 at Hodgeman County Health Center, Jetmore.
She was born April 6, 1929 in Brown County, Texas to Harvey Lee and Gladys Anne Hibler Fisher.
Moving to Hanston from Early, Texas, she was a homemaker.
Novelyn was of the Baptist faith and a member of First Baptist Church, Hanston; the senior centers in Hanston and Early, Texas; and spent her time volunteering with the good Samaritan Center and Meals on Wheels, both in Brownwood, Texas.
On February 20, 1949 she married Walter Thomas King in Brown County, Texas; he preceded her in death on February 6, 1995.
She is survived by a daughter, Debbie (Ronnie) Ruff, Hanston; a son, Tommy Lee (Frances) King, Rosebud, Texas; two sisters, Una May (G.W.) Eoff, Early, Texas; Ladelia Ann Edger, Early, Texas; five grandchildren; fifteen great grandchildren.
She was preceded in death by her parents, her husband, and a brother, Harvey Alvis Fisher.
Funeral service will be held at 5:00 p.m. on Saturday, March 15, 2019 at First Baptist Church, Hanston, with Pastor Rod McMillan presiding. Interment will be at a later date in Brownwood, Texas.
Memorials may be given to First Baptist Church, Hanston, in care of Beckwith Funeral Home, P.O. Box 663, Jetmore, Kansas 67854.
SALINE COUNTY —Law enforcement authorities are investigating a suspect on burglary charges after an arrest inside the Salina Public Library.
Quijas-photo Saline County
Just after 9:30p.m. Thursday, police were notified by a monitoring company that a motion alarm had been set off in the library, 301 W. Elm Street, according to Salina Police Captain Gary Hanus.
Officers searched the building and located Elissa R. Quijas, 29, of Salina, inside the building and in possession of library property. A library employee who was called to the scene confirmed that the items belonged to the library including an Amazon Kindle, a DVD, four books, Salina Public Library book bags.
Quijas had concealed herself inside the library as staff were shutting the library down at 9 p.m., according to Hanus. After her arrest, Quijas gave multiple names, dates of birth, and Social Security numbers as officers attempted to identify her.
She is being held on requested charges of burglary, felony interference with a law enforcement officer, and attempted theft, according to Hanus.
Ronald K. Butler, 59, of Salina, passed away peacefully in his home Wednesday, March 13, 2019. He was born in Belleville, Jan. 17, 1960, to Robert and Linda (Richardson) Butler.
Ron worked his early life on grain elevators and did construction. In later years, he was a maintenance supervisor. He was a devoted husband, loving father and grandfather, a proud patriot, and a handyman who loved fixing all the toys his grandchildren broke. He loved the Lord, spending time with his family, fishing and hunting, Kansas City Chiefs, Jeopardy, Reese’s peanut butter cups, and listening to talk radio.
Survivors include: his wife of 29 years, Aurdra, of the home; children, Autumn Robbins (Jonathan), Brittani Allison (Korey), and Matthew Butler (Dayana), all of Hays, and Austin Butler and Aaron Butler, of Salina; brothers, Jeff Butler (Anita) of McCracken, Bob Butler (Debbie), of Oskaloosa; cousin, Mike Meadows (Raylene) of Tremball, Neb.; grandchildren, Jack, Barron, Brielle, Mason, Kingston, Carter and Matteo.
He was preceded in death by: his parents; and brother, Tod Butler.
Services will be at 1 p.m Monday, March 18, at Gypsum Methodist Church, Gypsum, with refreshments to follow. Visitation will be one hour prior to the service. Burial will be in Belleville City Cemetery at 4 p.m.
Memorials are suggested to Gypsum Methodist Church, in care of Ryan Mortuary, 137 N. Eighth St., Salina, KS 67401.
Farmer and rancher Dereck Stockman and his son August.
By CRISTINA JANNEY Hays Post
Derek Stockman’s farming and ranching operation has been brought to a standstill. He sold 41 heifers at the Plainville Livestock Commission on Feb. 5, but his check for almost $37,000 bounced.
Stockman of Kirwin only recently expanded his farming operation into cattle. He is now unable to make his FSA loan payments, nor is he able to get his operating loan for the coming year guaranteed.
“The bills don’t stop coming in,” Stockman said.
Stockman is one of more than 40 livestock producers in the area that have been caught up in legal action and bankruptcy of Plainville Livestock Commission, operated by Tyler Gillum. This is just the latest in a series of financial problems and federal regulation violations faced by the market agency.
“Everybody says you’ll get your money, but I don’t know. When is that going to happen?” Stockman asked. “Are they going to pay my interest or are they going to give my commission back? I doubt it.”
In the meantime, Stockman is working with the FSA to get his loan payments deferred.
Although several producers said they had heard rumors there were problems at Plainville, Stockman said he was blindsided when he received his check back from the bank.
On Feb. 12, Almena Bank froze two of Plainville Livestock Auction’s bank accounts. When the bank froze the accounts, tens of thousands of dollars worth of checks Gillum had written to area ranchers who had recently sold cattle at the Plainville Livestock Commission bounced.
In court filings, the bank noted Plainville Livestock Commission transferred more than $916,000 from its custodial account into its general operating account the bank’s officers believed to cover overdrafts in the general operating account.
Almena Bank has filed an interpleader case, which is legal action that seeks to determine to whom the money that was transferred out of the custodial account belongs.
When a market agency sells livestock, the money collected from the buyers is supposed to be deposited in a custodial account until the sellers are paid. The funds collected during sale have to be deposited into the account by the next business day.
Regulations prohibit market agencies from using the proceeds from the sale of livestock sold on a commission basis for any purpose other than paying consignors the net proceeds from the sale of their livestock, after deducting the market’s lawful charges.
This is not the first time Gillum’s operation had been caught with insufficient funds in his custodial account.
Plainville Livestock Commission was cited by federal court in 2012 and 2014 for not having sufficient funds in its custodial account.
On July 31, 2017, an analysis of Plainville’s custodial account showed Plainville had outstanding checks drawn on its custodial account in the amount of $9,641,594. The custodial account had a balance of $45,928 with proceeds receivable of $46,615, resulting in a custodial account shortage of $9,549,050.
Between March 2018 and May 2018, Gillum issued 33 insufficient funds checks from its custodial account totaling more than $1.25 million. The checks were paid, but were paid up to two weeks late, resulting in $1,500 in overdraft fees and $775 in returned item fees on the custodial account.
The U.S. Attorney filed filed another case another case in July 2018 in which it stated Plainville Livestock Commission failed on numerous occasions to maintain funds in its custodial account. Gillum was fined $117,750.
In addition to the interpleader case, Almena bank also attempted to foreclose on Gillum based on default of three loans totaling more than $3.49 million.
The bank alleged in court documents Gillum was trying to dispose of assets that he had designated as collateral on the loans.
Cattle on Stockman’s ranch.
The stockyard is still operating in Plainville as Heartland Regional Stockyards under a license held by Ll0yd and Judy Schneider. Hays Post tried to contact the Schneiders, but received no answer at the stockyard.
Plainville Livestock Commission filed for Chapter 11 bankruptcy on March 1. Chapter 11 is usually used to restructure debt and pay creditors off over time.
Gillum’s attorney in the bankruptcy case, Thomas Gilman of the Hinkel Law Firm in Wichita, said Gillum hopes to sell the assets of Plainville Livestock Commission as part of the Chapter 11 bankruptcy debt restructure.
Gilman said Almena Bank’s foreclosure case against Plainville will be stayed until the bankruptcy case is heard in U.S. District Court in Wichita. The hearing on that case is set for April 11.
The Hays Post reached out to the attorneys for the Almena Bank, but a phone call was not returned.
Gilman said he was unsure what the procedures will be for repayment of producers who were owed money from Plainville Livestock Commission’s custodial account. He said he is not representing him in that matter nor any matters pertaining to any potential complaints filed by the U.S. Attorney in regards to violations of USDA Packers and Stockyards regulations.
Calls to the USDA Packers and Stockyards Division were not returned.
The Hays Post posed several questions to the U.S. Attorney’s office. Its media representative said he was unable to answer questions about when producers might receive their money back or what process would be used in paying back producers for the bounced checks. The representative also did not know how the bankruptcy filing might affect the claims against the custodial account.
Attorneys for Almena Bank also did not return a phone call.
As a complex legal battle plays out in court, producers like Stockman and others owed money by the operation are trying to hang on.
Larry Dinkel, owner of Jim Mitten Trucking of Oakley, hauled cattle for Plainville Livestock Commission. He has already paid employees, but he can’t go on indefinitely without what he is owed.
In addition to being short of what he was owed from Gillum’s last sale, because of the scandal fewer producers are taking cattle to the stockyard under the new operators, which means lost business for his trucking company.
“We used to haul several loads in and out of there every week, and now I don’t haul anything in and out of there” he said, “because the customers are not going back.”
Dinkel blames, in part, federal regulators, who allowed Gillum to continue to operate despite repeated financial regulation violations.
“Had they done their job, none of us would be in this mess right now,” he said.
Stockman said he also hoped federal regulators would take action.
“I don’t think anyone should have to go through this,” he said. “We farmers go through enough trouble throughout the year to put in a full year’s work and not get paid for a full year’s work. It is nothing anyone should have to go through.
“It shouldn’t ever happen. Whoever is guilty, I feel they should make an example of him, so this doesn’t happen again.”
