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Month: April 2019

Kan. delegation divided after court rules the Kan. constitution protects abortion rights

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Editors note: The story has been updated to include a statement released late Friday from Senator Pat Roberts.

WASHINGTON – Members of the Kansas congressional delegation issued statements Friday after the Kansas Supreme Court declared the state constitution protects abortion rights. The Kansas decision prevents the state from enforcing a 2015 law that could have greatly limited second trimester abortions.

In a statement Friday afternoon, U.S. Senator Jerry Moran said.

“I am saddened by today’s State Supreme Court decision. An unborn child is a distinct human being and our laws should defend its right to life. This decision underscores the urgent need for federal legislation that will protect innocent life at all stages, and I will continue working to see such legislation achieved.”

The court ruling clears the way for legal challenges to a string of abortion restrictions approved in recent years by state lawmakers under past Republican governors.

The court said vague language protecting “equal and inalienable rights” in the first section of the Kansas Constitution’s Bill of Rights grants a “natural right of personal autonomy” that includes the right to “control one’s own body.” Because that right is independent of the U.S. Constitution, Kansas courts could strike down restrictions that have been upheld by the federal courts.

“This right allows a woman to make her own decisions regarding her body, health, family formation, and family life — decisions that can include whether to continue a pregnancy,” the court’s unsigned majority opinion said.

Justices ruled 6-1 on the language in state constitution. Justice Caleb Stegall, the only appointee of a conservative Republican governor, declared in his dissenting opinion that the ruling “fundamentally alters the structure of our government” to “arbitrarily grant a regulatory reprieve” for abortion.

The ruling immediately prompted abortion opponents to call for amending the state constitution. Democratic Gov. Laura Kelly, who took office in January, is a strong abortion-rights supporter, but the Legislature still has solid anti-abortion majorities.

Jury: Kan. woman guilty of murder in husband’s death from neglect

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BURLINGTON – A Coffey County jury Thursday found Carol Sue Burris, 69, of New Strawn, guilty of one count of reckless second degree murder and one count of mistreatment of a dependent adult, according to Kansas Attorney General Derek Schmidt.

The charges stemmed from the mistreatment and death of her husband, Michael D. Burris, in New Strawn from April 2016 to October 2017.

Judge Taylor J. Wine presided over the trial, which began April 22. Sentencing is scheduled to begin at 9:30 a.m. on June 27 in Coffey County District Court.

The case was investigated by the Coffey County Sheriff’s Department.

Hays wins WAC title on senior day

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Hays High hosted Liberal on Friday in a wind blown double header.  The evening was also an opportunity for the Indians to honor seniors Willie Sennett, Trey Riggs, Palmer Hutchison, Cody Petersen, Chance Murphy and Brandon Hoffman.

Game 1

Hays 1 – Liberal 0

The first game of the double header featured two of the best pitchers in the Western Athletic Conference.  Trey Riggs started for Hays High while Braxton Hyde got the nod for Liberal.  The two threw up zeroes on the scoreboard through the first three innings with neither pitcher facing much of a threat.

The Indians were able to finally scratch across a run in the bottom of the fourth.  Following three straight singles from Trey Riggs, Brock Lummus, and Dylan Dreiling to load the bases with no outs, Dominque Bainter came to the plate.  He was hit by the next Hyde pitch to send a run home.  That is all the Indians would get though as Hyde got a strike out and a double play to work out of trouble.

Game 1 Highlights

 

That was all Trey Riggs needed.  The senior stranded a runner at third in the fifth following an error and two wild pitches, stranded a runner at second in the sixth following a one out double, and runners at first and second with two outs in the seventh.

The 1-0 victory pushes Riggs’ record to 4-1 and marks the sixth time he has gone seven innings in a game during his career.  He struck out eight and walked just one.  Liberal’s Hyde struck out six, walked three and hit one batter.  His record drops to 5-1 but will improve on his 0.85 ERA to 0.71.

Game 2

Hays 13 – Liberal 3 (5 Innings)

Game two seemed to have the same makings of the first game.  A scoreless first inning gave way to a three run third by the Indians off the bat of Cody Petersen who drove in two runs on a single.  The Indians led 3-1 after the second inning.  Liberal scored off of two Hays errors and a wild pitch in the top of the third inning for a 3-1 score.

The Indians put little doubt into the outcome of the game in the bottom of the third.  Hays sent 14 to the plate against three different pitchers resulting in 10 runs.  Every batter in the lineup scored a run in the inning, Justus Dotts scored two as a courtesy runner for Brock Lummus who reached on a pair of hits.

Game 2 Highlights

 

Liberal scored two in the top of the fourth but would get no closer.  Hays closed the game out by run rule 13-3 in the fifth.

Palmer Hutchison takes the win and moves to 4-0 on the year.

Coach Frank Leo

 

With the double header sweep Hays wins their 18th Western Athletic Conference title under coach Frank Leo.  The Indians are now 13-1 on the season and Liberal drops to 10-6.

Hays will host the Diamond Classic tournament next Thursday, Friday and Saturday.

Former Kan. YMCA worker sentenced for sex assault of girls at center

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WICHITA, Kan. (AP) — A former worker at the Wichita YMCA was sentenced to 27½ years in prison for sexually assaulting two young children.

Gaston -photo KBI offender registry

Twenty-two-year-old 22-year-old Caleb Gaston was sentenced Friday. He pleaded no contest in February to two counts of rape.

Authorities say in January 2018, Gaston sexually abused a 3-year-old and a 4-year-old in his care at the YMCA branch’s Kid Zone. Police arrested him after the 4-year-old girl reported that he had hit her and then touched her inappropriately.

Before sentencing, Gaston apologized and said he had never had legal troubles until he became convicted to drugs.

Before the YMCA incidents, Gaston was fired from another day care job after complaints he had inappropriately touched children. The Kansas Department of Health and Environment couldn’t substantiate the allegation.

43rd Street traffic control change begins Saturday

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CITY OF HAYS

Please be advised that beginning Saturday, April 27, 2019, traffic control on 43rd Street west of Vine Street will change to allow further reconstruction of 43rd Street.

The intersection of 43rd and Roth Avenue (east entrance to Walmart) will be closed.

The west entrance will be open to northbound (entering traffic) only.

This traffic control change will now allow traffic direct access to Wolf Furniture and Old Chicago from 43rd Street.

Traffic leaving the Walmart parking lot must still go north via 45th Street.

This construction is expected to be complete by the end of May, pending weather conditions. Signs will be in place to direct the traveling public. Motorists should use caution in these areas.

The city of Hays regrets any inconvenience this may cause to the public. If there are any questions, please call the Office of Project Management at 785-628-7350 or the contractor, Vogts-Parga Construction, at 316-217-1961.

🎥 New signs warn about street flooding in Hays

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A car submerged in the street near 17th and Fort July 6, 2018. No injuries were reported. (Photo by Cristina Janney)

By BECKY KISER
Hays Post

There are areas in Hays where rainwater tends to collect in the streets during a downpour and cause flooding.

An unusually wet year in 2018 – the third wettest year on record for Hays – saw several street flooding events.

When that happens, Public Works Dept. employees go out and place bright orange traffic cones in places where water crosses the road.

By the time all the cones are set out, the water is usually already starting to recede, according to Jacob Wood, assistant city manager.

“Our drainage system actually works pretty well,” says Wood.

17th and Ash

“So instead of sending our guys out to put cones in every location, we’ve put signs up in places where water typically crosses the road.”

Twelve yellow diamond caution signs read “WHEN FLOODED TURN AROUND DON’T DROWN.”  Another 30 yellow rectangular signs read “IMPASSABLE DURING HIGH WATER.”

Public Works will no longer put out the traffic cones during minor street flooding but “we do want to notify the public there could be water in the area,” he said.

In cases of major street flooding, the cones will still be moved into place as a warning to drivers.

“For the most part we’re trying to get away from sending everybody out to put cones up in areas where the flooding is not really terrible and most of the time vehicles can cross. It’s not advisable to drive through that,” Wood stressed, “but it’s not necessarily a life-threatening situation.”

17th and Fort

He used as an example the intersection of 13th and Allen Streets.

“There’s not really a whole lot we can do there to get that water going faster just because of the elevations after we rebuilt 13th.

“So any time we have a heavy rain, water piles up there.  Now we’re not going to put cones there because we have traffic signs that say caution, when it’s raining heavy, water collects here.”

Typically, the flood-prone area doesn’t get water deep enough to cause problems, but Wood says if someone is driving a low-riding car, they may stall out.

“A lot of times when we put the cones up, people drive around them anyway,” he acknowledged with a grin.

There are 42 signs now installed in areas of Hays where traffic cones have historically been placed during a hard rain. The diamond shaped signs were provided to the city through the Federal Emergency Management Association and the Division of Water Resources.

A summer thunderstorm last July 6 resulted in a Flash Flood Warning for central Ellis County with more than four inches of rain falling in Hays in a short time. Notable flooding occurred in areas that rarely flood, including 17th Street.

“We put signs up there, but that water was deep enough that if it happens again, we’re going to go ahead and barricade those streets and other places like that if gets to the point of a really significant rainfall.”

That part of Hays had not flooded in many years.

“It just depends on the kind of rain that you get and how saturated the earth is at the time,” Wood added.

Mother Nature is not the only factor in a flooding event.

July 6, 2018 flooding along the south side of Hays City Hall (at right), 1507 Main. (Photo by Cristina Janney)

“When people build things or tear things down, it dramatically changes the way the water flows.

“We actually saw that around city hall (1507 Main). We tore a couple of houses down behind it and put in a parking lot and the water flowed totally different around city hall at the last flood event than it had in previous years.”

Some city streets act as part of the storm water system, which is designed to move water off the streets.

“In places where we don’t have underwater conveyance or ditches or that sort of thing, the water does flow in the street. Fortunately, it typically moves out pretty quickly.”

By eliminating the process of setting out and picking up the cones, city employees will now be able to take care of other flooding issues more quickly.

“When it’s raining heavily or flooding, our public works crews have more things to do than just set cones out. They’re trying to take care of

Lincoln Draw flooding July 6, 2018 (Courtesy Heidi VanDoren Weiss)

the whole city, and making sure everything is all right in Lincoln Draw. If it would get significant enough that we need to sandbag areas, they’re out doing that. They also monitor areas where it does get deep enough that it’s a life safety concern.”

Wood noted the Hays Police Department also monitors flood zones during heavy rains.

“If basements are filling up on 17th Street, that’s life-safety related. It’s really about saving lives and managing our resources the most effective way.”

Wood says the city typically hasn’t issued citations or tickets for driving around the traffic cones and onto a flooded street.

“It’s really more of a ‘go here at your own risk’ type of thing. If you do go through the water or around the cones and your car gets stalled out, that’s kind of on you.”

Chiefs: DA reopens domestic violence case involving Tyreek Hill

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OVERLAND PARK, Kan. (AP) — Kansas City Chiefs coach Andy Reid said Friday a local prosecutor has reopened a domestic violence investigation involving suspended wide receiver Tyreek Hill after a TV station broadcast an audio recording in which Hill and his fiancee discuss injuries to their 3-year-old son.

Reid made the comment as the Chiefs introduced a new draft pick, but he and general manager Brett Veach both declined comment about Hill’s case and potential next steps. The prosecutor, Johnson County District Attorney Steve Howe, did not immediately return a message.

Police were called to the Hill home twice last month and determined the child had been injured. On Wednesday, Howe said he would not file charges against Hill or Espinal even though his office believed a crime had occurred. He said available evidence didn’t establish who had hurt the child.

“As a prosecutor, as a father of four, yes, it frustrates me when someone hurts a child and you can’t do anything about it,” Howe said then. “One of the elements of a crime is you have to prove who that person is who committed the act.”

A day later, KCTV in Kansas City aired part of an 11-minute audio filein which Espinal tells Hill earlier this year that when the boy was asked about his injured arm he replied: “Daddy did it.”

Hill denied any role in what happened to the child, saying: “He says Daddy does a lot of things.”

Espinal also tells Hill their son is “terrified of you.”

Hill replies, “You need to be terrified of me, too, bitch.”

Later, Espinal asks Hill, “What do you do when the child is bad? You make him open up his arms and you punch him in the chest.”

Howe has not responded to requests for comment about the audio recording, which the TV station said has been provided to his office. KCTV said the recording is believed to have been made in March when the parents were walking through an airport in Dubai. The station said Espinal sent it to at least one friend and was shared with KCTV “by someone who is concerned about the welfare of the couple’s child.”

Several media outlets reported that Overland Park police went to the home of Hill home on Thursday night after receiving an anonymous call from someone worried about Espinal. According to the reports, Espinal was fine and officers were at the home for only a short time.

The Chiefs have suspended Hillwhile the team looks into the developments. The NFL could also punish Hill under its personal conduct policy.

Hill’s history with Espinal is well known. In 2015, he pleaded guilty to domestic assault and battery by strangulation in an incident involving his then-pregnant girlfriend the previous year. The incident resulted in his dismissal from the Oklahoma State football team and he was put on probation until August 2018. He wound up playing at tiny West Alabama, where he juggled school and football with counseling sessions and other court-mandated service work until the NFL came calling.

Hill, a fifth-round pick who is a two-time Pro Bowler, was part of a controversial draft class by the Chiefs and then-general manager John Dorsey in 2016.

The Chiefs also spent a third-round pick that year on cornerback KeiVarae Russell, who missed an entire season for violating Notre Dame’s honor code in an academic misconduct case; a fourth-round pick on wide receiver Demarcus Robinson, who was suspended four times at Florida for drugs and other violations; and a sixth-round pick on Virginia Tech linebacker Dadi Nicolas, who was once charged with larceny and suspended for bumping an official. Among them, only Robinson is still on the roster.

Last year, the Chiefs released star running back Kareem Hunt following a video that showed him pushing and kicking a woman in a hotel hallway. Hunt is suspended for the first eight games of the upcoming season but has signed a one-year deal with Cleveland under Dorsey, the Browns GM who signed Hunt while he was with the Chiefs.

East portion of 41st Street closed starting Saturday

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CITY OF HAYS

Beginning Saturday, April 27th, 41st Street east of Home Depot in Hays will be closed to through traffic for construction.

Construction is expected to be complete by the end of July. Signs will be in place to direct the traveling public.

Motorists should use caution in these areas. The city of Hays regrets any inconvenience this may cause to the public. If there are any questions, please call the Office of Project Management at 785-628-7350 or the contractor, Paul-Wertenberger Construction, at 785-625-8220.

Police identify fisherman found dead in Kansas pond

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WICHITA— Police have identified a man found dead in a Wichita pond Wednesday as 71-year-old Robert Dashiell.

First responders on the scene Wednesday afternoon -photo courtesy KWCH

This is believed to be a fishing accident or a possible a medical condition, according to officer Kevin Wheeler.

Just after  4:30 p.m. emergency crews responded to the pond at 3200 N. Toben in Wichita.  Dashiell was pronounced dead at the scene.

Authorities did not release the autopsy report Friday.

Nelda Gayle (Heinz) Prewo

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Nelda Gayle (Heinz) Prewo, age 66 of Hays, Kansas died April 15, 2019, at her home in Hays, Kansas.

She was born September 29, 1952, at Scott City, Kansas to Lyle and Mildred (Lewis) Heinz. She married Michael E. Prewo on November 29, 1980 at Hays, Kansas. He preceded her in death on December 13, 2002.
She worked at Stanion Wholesale Electric in Hays for 28 years and retired in 2000.

Nelda grew up in Dighton, Kansas, and attended Dighton Elementary School. She was a 1970 graduate of Dighton High School and attended two years at Salt City Business School in Hutchinson, Kansas, receiving her degree in accounting and computer programing. She was a member of St. Joseph Catholic Church in Hays, Kansas. She enjoyed sewing, doing crafts, gardening, sports activities including KU, Kansas State, Fort Hays State University and tailgating.

Survivors include one brother, Bryce Heinz and wife, Marilyn, Park City, KS; one sister-in-law, Kathy (Neill) Heinz, Bella Vista, AR; seven nephews and nieces; 14 great nephews and great nieces; and a host of friends.

She was preceded in death by her parents; husband, two brothers, Roger Heinz and Gary Heinz.

Funeral Services will be 11:00 A.M. Saturday, May 4, 2019 at St. Joseph Catholic Church, 215 West 13th Street, Hays, Kansas. Burial was held at Grainfield Cemetery, Grainfield, Kansas.

The family will receive friends from 10:00 to 11:00 A.M. Saturday, at St, Joseph Catholic Church, Hays, Kansas.

Memorial to the Hays Big Brothers and Big Sisters Youth Organization.

Services are entrusted to Cline’s-Keithley Mortuary of Hays, 1919 East 22nd Street, Hays, Kansas. Condolences can be sent via e-mail to [email protected] or left at guestbook at www.keithleyfuneralchapels.com

Richard Lee Koel

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Richard Lee Koel, 72, of Colby, died April 24, 2019, at the University of Kansas Hospital, Kanas City, KS. He was born September 20, 1946, in Lenora, KS, to Walter and Mary (Eaton) Koel. Richard served in the United States Air Force, was a Vietnam War veteran and a lifetime member of the V.F.W. He loved being a custodian.

Richard was preceded in death by his parents and daughter Mary Pauline.

He is survived by his wife Debra; children, Jeff Koel, Lloyd (Suzanna) Koel, Ricky (Rebecca) Koel, Stephanie Koel, and Shawn (Terri) Rohrbough; siblings, Barbara Wright, Dianna (Tom) Carr and Ron Koel; 16 grandchildren and 5 great-grandchildren.

A private family memorial service will take place at the V.F.W. Memorials are suggested to the V.F.W. or the NWKS Foundation for Hope, in care of Baalmann Mortuary, PO Box 391, Colby, KS 67701. For information or condolences visit www.baalmannmortuary.com

Kansas sheriff accused of felony theft enters plea deal, must resign

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By DEWEY TERRILL
JC Post

JUNCTION CITY — A Kansas sheriff accused of felony theft and misdemeanor misuse of public funds has entered a no contest plea.

Geary County Sheriff Tony Wolf

On Friday, Geary County Sheriff Tony Wolf entered the plea deal and that saw the court dismiss two other felony counts with prejudice. They cannot be refiled.

The recommended sentence for Wolf is 12 months probation on the misdemeanor and, in the other allegation, a presumptive probation matter with the probation in both cases to run concurrently at the same time, with no jail time. Wolf must also make restitution totaling $2,200 in the theft case.

Formal sentencing has been scheduled on June 28.

Wolf will be also be required to forfeit his position as Geary County sheriff effective immediately. A letter of resignation must be submitted to the governor.

According to the factual basis outlined in court on Friday, Wolf authorized an expense of $530 against a county credit card to purchase tires for a friend’s vehicle. He claimed it was a payment to a confidential informant for drug information, which was false.

There was a reference to a text which Wolf told the friend, “This is what friends do for each other.” Wolf later admitted to a KBI agent the tires were purchased for a friend. Those funds were credited by the vendor back to the credit card, and Wolf later paid the vendor.

In the second case, Wolf used state asset forfeiture funds to purchase items including weapons, ammunition and a scope. Wolf turned in a list on those, but it did not include six items, including a scope. He will make the $2,200 restitution in that case.

In court Friday, Wolf appeared with his attorney, Barry Clark, Manhattan while Assistant Dickinson County Attorney Darryl Hawkins served as the Special Prosecutor in the case. During the proceedings, Wolf acknowledged he understood the charges and waived his right to a preliminary hearing. The jury trial scheduled in the case that on the misdemeanor count, plus a felony theft charge that has now been dismissed, was scheduled May 8 and 9 in District court. It will be withdrawn from the court docket.

Wolf was first elected Geary County sheriff in 2012 and re-elected in 2016. He began working for the sheriff’s department as a corrections officer in 1996 and later moved to the patrol division.

Waymaster, Hineman on ‘The Kansas Legislature’ tonight

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SHPTV

BUNKER HILL – Smoky Hills Public Television’s local program, The Kansas Legislature, will be hosted by Jay Steinmetz, PhD, Assistant Professor of Political Science from the Department of Political Science from FHSU.

Our guests will be State Representatives Don Hineman of the 118th District, Troy Waymaster of the 109th District, and Susan Concannon of the 107th District.  Tune in April 26 at 7 p.m., and call in with your legislative questions.

You can now watch The Kansas Legislature LIVE on ANY DEVICE by subscribing to our YouTube channel: https://www.youtube.com/user/SmokyHillsPBS

The show airs during the legislative session, which gives the legislators and viewers the opportunity to discuss up-to-date issues.  During the program, viewers can call 800.337.4788 with their legislative questions.

The Kansas Legislature will air on Fridays at 7 p.m.  To find a list of legislators that might be on the show each week, go to www.shptv.org where you will find the 2019 season schedule.

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