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Former Kan. county attorney faces prison time for lying to FBI

KANSAS CITY, KAN. – The former Linn County Attorney pleaded guilty Wednesday to federal charges of stealing 350 to 500 items including electronics and equipment that belonged to the county, U.S. Attorney Stephen McAllister said today. The estimated value of the items is $75,000.

John Sutherland, 68, Mound City, Kan., who served as county attorney for approximately 20 years before leaving the job in January 2017, is charged with one count of mail fraud and one count of lying to federal investigators. The crimes are alleged to have taken place from sometime prior to January 2009 and continuing until Sutherland left office.

In his plea, Sutherland admitted that on Feb. 6, 2019, FBI agents found 13 items stolen from Linn County when they searched Sutherland’s office at the Wyandotte County District Attorney’s Office. At the time, Sutherland was working as an Assistant District Attorney. One of the items was a stolen Apple laptop computer.

When FBI agents interviewed him, Sutherland denied any wrongdoing and made other false statements. For instance, he claimed that an Apple TV 64 GB video-streaming device the county purchased for about $220 had been destroyed. FBI agents found the device intact at Sutherland’s residence. They also found that Sutherland had given some of the stolen items to his adult children.

In his plea agreement, Sutherland agreed to pay full restitution and to surrender his license to practice law. The mail fraud count carries a penalty of up to 20 years in federal prison and a fine up to $250,000. The false statement count carries a penalty of up to five years and a fine up to $250,000.

Ellis Co. DUI case to be heard before Kan. Supreme Court

TOPEKA — An Ellis County case will be heard before the Kansas Supreme Court during its April 29 to May 1 session.

Cases are heard in the Supreme Court courtroom on the third floor of the Kansas Judicial Center in Topeka.

All Supreme Court oral arguments are broadcast live over the internet. To watch proceedings live online, follow the Watch Supreme Court Live! link from the court’s website at www.kscourts.org.

The case is summarized below:

Appeal No. 112,449: State of Kansas v. Dustin Dean Perkins
April 29

Ellis County: (Petition for Review) In 2012, Perkins was arrested for driving under the influence of alcohol, and a breath test was administered. Upon arrest, he was transported to the law enforcement center for testing. The parties stipulated to the facts and the district court held a bench trial. The court denied Perkins’ motion to suppress the evidence finding the consent exception to the search warrant requirement applied.

The court found Perkins guilty of driving under the influence. The Court of Appeals affirmed the denial of the suppression motion finding that although the consent exception was no longer available, the officer was permitted to conduct the breath test as a lawful search incident to arrest. The Court of Appeals also held the breath test was admissible because the officer, in good faith, acted in reliance on the implied consent statute before the Supreme Court ruled it unconstitutional. The concurring judge would hold the search was admissible under the good faith exception and it was not necessary for the Court of Appeals to address the search incident to arrest.

Issues on review are whether: 1) the Court of Appeals ignored Nece and Ryce by applying the search incident to arrest exception to a warrantless search; 2) the Supreme Court has rejected the application of the good faith exception to the unlawfully obtained test results; 3) the State can raise the search incident to arrest for the first time on appeal; 4) the good faith exception applies to the decisions of Nece and Ryce; and 5) the implied consent law and K.S.A. 8-1025 are unconstitutional.

Other cases with local ties are summarized below:

Case No. 120,744: In the Matter of Thomas Caleb Boone, Respondent
April 29

Original Proceeding Related to Attorney Discipline: (Indefinite suspension) The ethical complaint in this case involves Boone’s representation of C.Z. against the Osawatomie State Hospital ending in the complaint being dismissed as a sanction against Boone. It also involves representation of a roofing company in a mechanic’s lien action resulting in a counterclaim award against the roofing company based on Boone’s actions.

The hearing panel recommends Boone’s license to practice law be indefinitely suspended. The panel acknowledged Boone had developed a workable, substantial, and detailed plan of probation. However, the panel believed placing Boone on probation is not in the best interests of the legal profession and Kansans. Boone has an extensive disciplinary record and spent nine years on probation for having violated many of the same rules he violated in this case. The panel stated any benefits to be gained by supervision have already been realized.

The disciplinary administrator recommends indefinite suspension. Boone recommended he be indefinitely suspended but that the suspension be suspended and he be placed on probation.

Appeal No. 118,914: In the Matter of the Care and Treatment of Robert J. Sigler
April 29

Barton County: (Petition for Review) In 2007, Sigler was convicted of multiple sex crimes against a minor. He was sentenced to 84 months in prison. Just before he was scheduled to be released from prison, the State filed an action to have Sigler committed as a sexually violent predator. In July 2015, the district court found the evidence was insufficient to prove Sigler was likely to act out on his mental abnormality or personality disorder or had serious difficulty controlling his dangerous behavior. The district court released Sigler on parole.

In November 2015, the State arrested Sigler after he violated his parole by opening Facebook accounts, giving a car ride to a minor, and having pornography on his computer. Before he was released from a 90-day prison sanction, the State refiled commitment proceedings. A jury found Sigler was a sexually violent predator, and he was involuntarily committed for care and treatment. The Court of Appeals affirmed Sigler’s commitment on appeal.

Issues on review are whether: 1) the Court of Appeals erred in concluding the State, as a matter of law, carried its burden of establishing Sigler’s mental status and risk assessment materially changed between the 2013 and 2016 proceedings; 2) the Court of Appeals erred when it concluded Sigler’s right to due process was not violated when the district court failed to declare a mistrial sua sponte after a witness incorrectly testified Sigler’s previous civil commitment had been overturned on appeal; and 3) Sigler’s viewing of child pornography constitutes a material change in circumstances to justify a new involuntary commitment proceeding.

TMP-M will have crisis evacuation drill on campus, at former Kennedy school

Thomas More Prep-Marian will have a crisis evacuation drill at the school, 1701 Hall on Friday.

“This is a training drill only with the cooperation of TMP-M and Hays Police Department. You may see students and staff in the area of the TMP-M Campus and the former Kennedy Middle School,” the school said in a news release. “TMP-M appreciates your cooperation and our training in your area should not impede your daily activities. If you have any questions, comments, or concerns, please feel free to contact us. Chad Meitner, Principal, at (785) 625-6577.”

FHSU tourism and hospitality students inducted into honor society

Dr. Stacey Smith

FHSU University Relations

Tourism and hospitality management students at Fort Hays State University were recently inducted into the Eta Sigma Delta Honor Society.

The society, which recognizes outstanding students, is sponsored by the International Council on Hotel, Restaurant and Institutional Education. Education.

“The professional benefits of ESD include opportunities for outstanding students to distinguish themselves in the eyes of educators, recruiters and industry executives in an increasingly competitive industry,” said Dr. Stacey Smith, chair of the Department of Applied Business Studies and assistant professor of tourism and hospitality management.

“Educational benefits include opportunities for ESD chapters to provide a stimulus for students to strive for academic excellence,” she said.

There are over 90 active Eta Sigma Delta chapters throughout the world.

“The growth is a testament to the dedication of both students and professionals in hospitality and tourism to the pursuit of academic, professional and personal excellence,” said Smith.

The students who were inducted are listed alphabetically by hometowns.

BRONX, N.Y.: Samantha Dorn, sophomore.
GODDARD: Madison White, senior.
PUEBLO, Colo.: Sabrina Sales, junior.
RUSSELL: Heather Bitter, junior.
SOLOMON: Alexandra Brown, senior.

Prairie Doc wins Nautilus Book Award for ‘Life’s Final Season’

Rick Holm

Richard P. Holm, M.D., author of Prairie Doc Perspectives, a weekly column published in Kansas, North Dakota, South Dakota and Wyoming, recently received the Nautilus Silver Book Award in the category of Aging Consciously for his recent book “Life’s Final Season: A Guide for Aging and Dying with Grace.”

Holm’s column appears regularly on HaysPost.com.

“My sole purpose for writing this book was to help people…the well, the sick, those who are dying and those caring for elderly persons in the final season of their lives,” said Holm. “The Nautilus program celebrates books that inspire and connect lives and that seems to mesh well with my goal. I am honored to be among the authors to receive this award.”

For two decades, Nautilus has been held in particular high-regard for recognizing books that transcend barriers of culture, gender, race, and class. Dedicated to excellence and high standards of both message and presentation, its mission is to honor books that support the following concepts: conscious living and green values, high-level wellness, positive social change and social justice, and spiritual growth.

Last year, Nautilus received entries from 36 U.S. states and from 12 other nations in its search for Better Books for a Better World. The full roster of 2018 Nautilus Award winners, including Holm, can be found on their website.

Well into the process of writing his book, Holm at age 67, was diagnosed with cancer of the pancreas. His book tells of surviving his initial battle with the aid of chemotherapy and surgery. However, the cancer returned, and Holm finished a second round of chemo and additional surgery. He continues to confront health issues related to cancer.

Holm explains his book is more about living than dying, “Some chapters are written specifically to reduce the fear of death, but the intent of this book is that it be a guide to help individuals and caregivers in our quest to age and to eventually face dying with courage, grace, dignity and even enthusiasm.”

A native of De Smet, South Dakota, Holm earned his B.S. in medicine in 1973 from the University of South Dakota and his M.D. from Emory University School of Medicine in 1975. Holm retired after practicing medicine for nearly 40 years in Brookings, South Dakota. He and his wife, Joanie Holm, R.N., C.N.P. have four adult children and continue to live in Brookings where they are active members of the community.

In 2018 the University of South Dakota awarded its Alumni Achievement for Professional Service award to Holm. He was inducted into the South Dakota Hall of Fame and cited as “South Dakota’s Voice of Healthcare” in 2017. His state-wide weekly call-in show on South Dakota Public Television, “On Call with the Prairie Doc®,” is entering its 18th season.

“Life’s Final Season: A Guide for Aging and Dying with Grace” is currently available from Amazon.com and various bookstores throughout South Dakota. Holm participates as a Goodreads Author and ongoing updates about his work can be found on the Prairie Doc® Facebook page https://www.facebook.com/ThePrairieDoc/ and website https://www.prairiedoc.org/book.html.

Kan. man hospitalized after ejected in rollover crash during chase

GEARY COUNTY — One person was injured in a crash during police chase just after 10:30p.m. Wednesday in Geary County.

The Kansas Highway Patrol reported a 1993 Chevy Camaro driven by Allen P. Harroald, 39, Wichita, was northbound on U.S. 77 twelve miles north of Junction City, fleeing from Geary county Sheriff deputies.

The driver failed to negotiate a curve. The Camaro struck a guard rail, overturned several times and ejected the driver.

EMS transported Harrold to the hospital in Topeka. He was not wearing a seat belt, according to the KHP. Authorities have not released what prompted the chase.

Kan. governor, GOP leaders meet but can’t break Medicaid stalemate

By JOHN HANNA AP Political Writer

TOPEKA, Kan. (AP) — Democratic Gov. Laura Kelly and top Republican legislators met Wednesday to try to break a stalemate on expanding Medicaid in Kansas, only to fail after she demanded that lawmakers approve a plan this year and the GOP leaders insisted on waiting until next year.

Kelly set aside four hours for talks in her Statehouse office with the majority leaders and heads of the health committees in the House and Senate, who oppose her expansion proposal. The meeting broke up after about 90 minutes when it became clear that neither Kelly nor the Republicans would give on whether a plan should pass this year, participants said.

The impasse sets up a high-stakes confrontation over one of the Democratic governor’s biggest campaign promises after the GOP-controlled Legislature ends an annual spring break May 1. The House approved a modified version of Kelly’s expansion plan last month, but the Senate has yet to take it up.

“She’s still willing to take (it) and try to cram it down everybody’s throats and then hope that the details come out in the wash,” said House health committee Chairwoman Brenda Landwehr, a conservative Wichita Republican. “That’s not the way to do this.”

Thirty-six states have either expanded Medicaid or seen voters approve ballot initiatives. Expansion enjoys bipartisan support in the Kansas Legislature but GOP leaders are still resisting, arguing that it is likely to prove costly to the state despite a promise that the federal government would cover 90 percent of the cost.

Patrick Willard, a senior director at Families USA, a national health care advocacy group that supports expansion, said Kelly’s meeting was a sign that GOP leaders understand the public’s deep concerns about health care and that expansion has popular support.

“In a state that has been holding out as long as Kansas has, people and the (health care) industry are hurting, and all of that is coming to a head,” Willard said.

Kelly and other expansion supporters have been trying to build pressure on Republican leaders to allow a Senate vote. The governor has held town hall meetings in GOP lawmakers’ districts and marked the 100th day of her administration Wednesday with a statement that Senate leaders should “stop playing games with taxpayers’ health care.”

Kelly spokeswoman Ashley All said the meeting gave Republican leaders a chance to negotiate a plan “in good faith.”

“She was disappointed that they didn’t provide any solutions or ideas — only excuses and stall tactics,” All said. “It became very clear that they were not interested in finding a solution to provide affordable health care for more Kansans this year.”

Kelly’s health secretary, Lee Norman, who participated in the meeting, said the administration agrees with the GOP leaders that more work needs to be done on the Medicaid expansion legislation.

“We’d like to continue to push ahead with it,” Norman said. “The cards are on the table, and I think the details are something that we can work out.”

Top Republicans have said in recent weeks they are willing to consider a more modest expansion than Kelly has advocated, as well as work requirements or drug testing for participants.

Families USA has released an analysis suggesting that the influx of federal dollars with expansion would spur economic activity and state tax revenues to offset the state’s costs. Kelly’s administration projected a net state cost of $34 million in expansion’s first year, but skeptical GOP leaders argue that it easily could be twice that.

House Majority Leader Dan Hawkins said after the meeting that he’s seen nothing that would “prevent expansion from busting the budget.”

“Medicaid expansion is like a lemon on a used car lot,” Hawkins said. “You can paint it up and give it that new car scent but it will never run right.”

Senate Majority Leader Jim Denning, a conservative Kansas City-area Republican, said the legislation should also address problems with rising costs for Kansas consumers who get their health coverage through a federal marketplace. Denning committed Wednesday to a debate — but next year.

“She doesn’t want to wait until next year,” Denning said. “I always say if you want it bad, you get it bad. Gov. Kelly’s wanting it so bad, she’s willing to have it bad.”

___

Sunny, windy Thursday

Thursday Mostly sunny, with a high near 73. Very windy, with a north wind 14 to 19 mph increasing to 25 to 30 mph in the morning. Winds could gust as high as 41 mph.

Thursday Night Mostly clear, with a low around 45. North wind 6 to 11 mph becoming light and variable.
FridayMostly sunny, with a high near 76. Breezy, with a north northeast wind 6 to 11 mph becoming south 17 to 22 mph in the afternoon. Winds could gust as high as 32 mph.

Friday NightA 40 percent chance of rain before 1am. Mostly cloudy, with a low around 52. Breezy, with a south wind 13 to 21 mph becoming west southwest after midnight.

SaturdaySunny, with a high near 71. Breezy.

Saturday NightMostly clear, with a low around 42.

SundaySunny, with a high near 71.

Ag Day today at FHSU

The Ellis County Farm Bureau will team up the Fort Hays State University Collegiate Farm Bureau on Thursday, April 25 to promote agriculture in Kansas.

The groups will feature several commodity presentations highlighting the different agriculture products grown in Kansas.

The Ag Day event will be held on the Quad Patio from 11 a.m to 1 p.m. Free hamburgers and hot dogs will be served. The event is open to the community.

Offense struggles as FHSU softball loses twice at Newman

WICHITA, Kan. – Fort Hays State Softball fell twice to Newman University on Wednesday in non-conference action. The Jets took game one with a four-run rally in the sixth to win 4-2, then took the nightcap in extra innings in a 1-0 pitching duel. FHSU is now 22-23 overall, while Newman finished its season at 16-35 overall.

Game 1: Newman 4, Fort Hays State 2
The Tigers and Jets played scoreless softball until the fifth inning when the Tigers broke through with a pair of runs. A Grace Philop RBI single broke the scoreless tie after two free passes allowed a pair of Tiger runners on base. Then with the bases loaded, Bailey Boxberger drew a walk to force in a second run.

Michaelanne Nelson held Newman scoreless over five innings on just two hits, but ran into trouble in the sixth. A pair of singles and a fielder’s choice loaded the bases for Newman with one out. A walk forced in the first run and then a bases-clearing double to the gap by Kameron Pope was the game changer, immediately putting Newman in front 4-2.

Nelson pitched a complete game for the seventh time this season and moved to 9-11 on the season. She allowed six hits and three walks, but struck out five.

Four of the seven walks allowed by Newman pitcher Dominique Payne occurred in the two-run fifth inning for FHSU. Payne allowed just three hits otherwise and struck out four in a complete game effort, moving to 10-11 on the year.

Game 2: Newman 1, Fort Hays State 0 (8 innings)
Fort Hays State and Newman locked in a pitching duel in game two as Hailey Chapman went toe-to-toe with Bailey Bugner. Chapman took the hard-luck loss after both threw seven shutout innings. A leadoff walk and a timely hit in the bottom of the eighth allowed Newman to sweep the doubleheader in walk-off fashion.

The Tigers pieced together only four hits in the contest, but could not take advantage of the five walks allowed by Bugner. The Tigers’ had two main threats in the game. The first was Katie Adler attempting to score on a Sara Breckbill single in the third, but she was tagged out just before she reached the plate with her foot. FHSU loaded the bases in the seventh on a single, walk, and hit batter. However, an infield grounder ended another threat.

After a leadoff walk and then a sacrifice bunt in the eighth, Newman won the game on an RBI single by Dominique Payne.

Chapman struck out 10 Jets and allowed four hits with three walks. She moved to 11-12 on the year with the loss. Bugner moved to 3-12 on the year with the complete-game win. She struck out six Tigers.

Up Next
Fort Hays State now turns its focus to the big doubleheader against Nebraska-Kearney on Saturday (Apr. 27) in Hays. The Tigers are looking for a pair of wins that could possibly vault them into the MIAA Tournament field. The doubleheader is set for 2 pm.

Suspect caught after 2-state chase admits to Kan. bank robbery

KANSAS CITY, KAN. – A Kansas man pleaded guilty Monday to armed bank robbery, according to U.S. Attorney Stephen McAllister.

Hammeke -photo KDOC
Security camera image from the bank robbery

Damon Hammeke, 26, Leavenworth, Kan., pleaded guilty to one count of armed bank robbery and one count of brandishing a firearm during a robbery. In his plea, he admitted that on Nov. 21, 2017, he robbed the Country Club Bank at 2310 South 4th Street in Leavenworth. He entered the bank wearing a white jacket and black mask and carrying a handgun. He left the bank with money.

Two days later, an officer in Tonganoxie attempted to stop him for a traffic offense. Hammeke fled, leading police on a high-speed chase through Tonganoxie, Basehor, Lansing, Leavenworth, Platte County, Mo., and Kansas City, Kan., before they were able to stop him.

Sentencing is set for July 22. He faces a penalty of up to 25 years in federal prison and a fine up to $250,000 on the robbery charge as well as not less than seven years and a fine up to $250,000 on the firearm charge.

Man hospitalized, suspect jailed after altercation in McPherson

MCPHERSON COUNTY —Law enforcement authorities are investigating an altercation and have a suspect in custody.

Huhn photo KDOC

Shortly before 2:00 pm, On Wednesday, officers were dispatched to the 900 block of West Kansas Avenue in McPherson for a report of a man walking around covered in blood, according to a media release.
Officers arrived on scene and contacted the 33-year-old man who was suffering from a head wound and told the officers he had been shot in the head. Officers determined the incident occurred in the 700 block of West Kansas Avenue and responded to the area.

Officers and Detectives spoke with numerous witnesses and the suspect. Detectives were able to determine the victim did not suffer from a gunshot wound, but instead, the injuries were a result of blunt force trauma.

The victim was transported to McPherson Hospital and then transferred to a Wichita area hospital for further treatment.

Police arrested 28-year-old Justin Huhn for Aggravated Battery. He is being held in the McPherson County Jail. He has a previous drug conviction, according to the Kansas Department of Corrections.

Teen suspect in Kan. killing threatened man during attempted car theft

OLATHE, Kan. (AP) — Court documents say one of three teens charged in suburban Kansas City killing later told someone who resisted his car theft attempt that “the last person who said that lost his life.”

Bibee -photo Johnson Co.

The affidavit released Tuesday in the case against 18-year-old Matthew Lee Bibee Jr. says he tried to steal the car on March 31 in Olathe. The documents say the victim initially said he wouldn’t give Bibee has car. But when Bibee pulled out a gun, the man put up his hands and ran away.

A responding officer shot and wounded Bibee in an exchange of gunfire. The theft attempt happened two days after 17-year-old Rowan Padgett was killed.

Bibee is jailed on $1 million bond on charges that include first-degree murder.

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