LYON COUNTY —A tractor-trailer hauling cattle overturned south of Emporia just after midnight Wednesday, killing two dozen of the animals.
The Kansas Highway Patrol says the driver TerryBailey, 56, Berryville, Arkansas, was transporting the cattle to Arkansas City to be slaughtered when he fell asleep and went off the side of Interstate 35.
Besides the 24 cattle that died when the rig overturned, 13 were pulled from the wreckage alive. Wallace says the surviving cattle are in a pen waiting to resume their journey.
EMS transported Bailey to a hospital with minor injuries.
The crash disrupted southbound traffic as crews worked to get the rig upright and repair damaged asphalt.
WICHITA, Kan. (AP) — The family of a slain Kansas inmate filed a federal lawsuit Tuesday alleging a systemic disregard for the health and safety of prisoners housed at the Meade County jail.
D-Anthony Andrews is being held in the El Dorado Correctional Facility, according to the Kansas Dept. of Corrections
The complaint filed in U.S. District Court stems from the Aug. 29, 2017, death of Joshua DeVilbiss by another inmate. The prisoners had been transferred to the Meade County facility to alleviate overcrowding in the Sedgwick County jail.
The lawsuit filed against various officials in Sedgwick and Meade counties alleges DeVilbiss “not only experienced extensive pain and suffering, but he died a horrible and preventable death.”
A spokesman for the Sedgwick County Sheriff’s Office declined to comment on the pending lawsuit. But in a 2017 news release issued about the inmate death, the sheriff’s office said the 30-year-old Wichita man who died was being held on unspecified misdemeanor charges and had been in custody for almost a month. It also noted that Sedgwick County, at the time, had 43 inmates housed at the Meade County jail.
Meade County Sheriff Mark Miller said he had not seen the lawsuit, and did not immediately respond after The Associated Press emailed him a copy of the complaint.
Sedgwick County has long had a problem with overcrowding, said attorney Gerald Lee Cross, Jr., who’s representing the DeVilbiss family. He added that DeVilbiss was put into a prison population with other people who were facing violent charges, as well as inmates with mental health issues that were not being addressed.
“I anticipate that both counties are going to speak to the failure at the state and federal level to address mental health in the general prison population, but at the end of the day there are so many institutional failures here within both departments,” Cross said. “I think both systems are choosing process over people.”
The lawsuit said DeVilbiss was suffering from some undisclosed illness, urinating blood, when he was finally granted permission to transfer back to the Sedgwick County jail to get medical treatment. He was in pain from his medical condition, starving from being underfed and had been receiving threats to his life because he had to gamble for food, according to the suit.
But before he could be moved, an inmate identified as D’Anthony Andrews in the lawsuit learned of the impending transfer, became furious at a perceived lack of respect and threatened DeVilbiss.
The lawsuit alleges Andrews struck DeVilbiss from behind near a sleeping area, knocking him unconscious. After being unable to revive him, several inmates moved him to a shower area where his body was later found.
Andrews pleaded no contest to a reduced charge of involuntary manslaughter in a plea agreement with prosecutors, according the court filing. He was treated for mental illness at the Larned Correctional Mental Health Facility and later transferred to the El Dorado Correctional Facility.
Andrews is also named as a defendant in the civil lawsuit filed by DeVilbiss’ family.
SHERMAN COUNTY — One person was injured in an accident just before 8a.m. Wednesday in Sherman County.
The Kansas Highway Patrol reported a 2000 Kenworth semi driven by Jayden L. Baker, 22, Colby, was northbound on Kansas 27 in the City of Goodland.
The driver turned eastbound onto 16th Street and the truck rolled onto a 2010 GMC Acadia driven by Tina Jean Roe, 62, Goodland, that was stopped at the stop sign at 16th Street.
EMS transported Roe to Goodland Regional Medical Center. Baker ws not injured. Both drivers were not wearing seat belts, according to the KHP.
TOPEKA, Kan. (AP) — Prosecutors want a 17-year-old to face adult charges in a shooting that left an 18-year-old woman dead.
Police on the scene of the shooting investigation Saturday photo courtesy WIBW TV
The teen suspect faces a second-degree murder charge in the death of Ashley Usher. She was found Saturday afternoon inside a house in Topeka suffering from a gunshot wound and died later at a hospital.
Shawnee County District Attorney Mike Kagay says he plans to ask a court to try the teen as an adult. He also faces charges of interference with law enforcement, theft of a firearm and criminal use of a weapon.
DOUGLAS COUNTY — One person died in an accident just before 10:30p.m. Tuesday in Douglas County.
A pickup truck struck a moped driven by a 24-year-old Lawrence woman in the 2700 Block of Haskell Avenue, according to officer Patrick Compton.
Upon their arrival, officers rendered aid to the woman until paramedics arrived. Rescue attempts were unsuccessful and she was pronounced dead at the scene, according to Comptom.
The 2700 block of Haskell was closed to traffic until about 5 a.m., Wednesday.
At this time, all possible contributing factors are being actively investigated, and no further information is available.
Governor Laura Kelly announced the 2020 State General Fund Grant Programs funding awards for Domestic Violence and Sexual Assault Programs and Children’s Advocacy Centers.
Options: Domestic & Sexual Violence Services, which is based in Ellis County and serves northwest Kansas, was awarded $220,144.
Western Kansas Child Advocacy Center, which has a center in Hays, was awarded $49,095.
“These services are oftentimes life-saving,” Kelly said. “From issues of domestic violence to children’s advocacy, it’s important that we provide the resources these important organizations and their staff members need to keep Kansans and our communities safe.”
In all, more than $6.4 million in grants were awarded to communities across Kansas.
Domestic Violence and Sexual Assault Grant Awards
The Domestic Violence and Sexual Assault funds support the enhancement and expansion of sexual and domestic violence programs. The funds are used for support services, outreach and training for community-based programs located in large and small communities across Kansas. These programs provide services 24 hours a day, seven days a week, including emergency safe shelter, crisis hotline calls and crisis intervention, on-going counseling and support, and advocacy to help victims increase safety for themselves and their families. These services for victims and survivors and their families are life-saving and assist them in transforming their lives.
The funds also are used to leverage federal funds to help expand services and improve responses across the state. Without these funds, millions of federal dollars would not be available to help these vulnerable families or to increase safety in Kansas communities.
2020 SGF for Domestic Violence and Sexual Assault Grant Awards
County
Organization Name
Grant Award
Allen
Hope Unlimited
$152,625
Barton
Family Crisis Center, Inc.
$257,210
Butler
Family Life Center
$95,625
Crawford
Safehouse Crisis Center
$253,004
Douglas
The Sexual Trauma and Abuse Care Center
$127,875
Douglas
The Willow Domestic Violence Center
$233,342
Ellis
Options: Domestic & Sexual Violence Services
$220,144
Finney
Family Crisis Services
$127,126
Ford
Crisis Center of Dodge City
$75,157
Harvey
Harvey Co. Domestic Violence/Sexual Assault Task Force
$251,271
Johnson
SAFEHOME
$276,097
Leavenworth
Alliance Against Family Violence
$88,971
Lyon
SOS
$244,783
Reno
BrightHouse
$146,276
Riley
Crisis Center
$391,604
Saline
Domestic Violence Association of Central Kansas
$381,950
Sedgwick
Catholic Charities, Harbor House
$192,661
Sedgwick
StepStone
$72,991
Sedgwick
Wichita Area Sexual Assault Center
$299,762
Sedgwick
Wichita Family Crisis Center
$214,856
Seward
Liberal Area Rape Crisis/Domestic Violence Services
$191,732
Shawnee
Kansas Coalition Against Sexual & Domestic Violence
$412,531
Shawnee
YWCA Center for Safety & Empowerment
$251,747
Wyandotte
Friends of Yates
$376,263
Wyandotte
Metropolitan Organization to Counter Sexual Assault
$180,610
TOTAL
$5,516,213
Children’s Advocacy Centers in Kansas Grant Awards
The Children’s Advocacy Centers (CAC) are child-focused, community-oriented programs coordinating investigation and intervention services for abused children by bringing together professionals and agencies in a comprehensive, multi-disciplinary model. The CAC model of collaboration is designed to ensure children are not revictimized by the systems designed to protect them by creating cohesion among professionals representing investigation, advocacy, medical, prosecution and treatment. This team approach results in a more collaborative and efficient investigative process. The unique model is designed to protect children and bring enhanced accountability to the system, increasing the opportunity for children to begin the healing process.
The CAC grant program provides funding to hire and train staff to provide sexual and physical abuse victims with child-sensitive forensic interviews; advocacy services for victims and non-offending caregivers; and coordinate multi-disciplinary case review teams and efforts across systems to enhance services.
Marilyn Prewo, 79, Hays, died Tuesday, Aug. 20, 2019 at HaysMed.
She was born April 2, 1940 in Victoria, the daughter of Andrew and Elizabeth (Mermis) Younger. On Dec. 19, 1973 she was united in marriage to Tommy B. Prewo. They celebrated nearly 46 years of marriage. She was a personal housekeeper, farm wife and jack of all trades. She loved farm life and taking care of cows and calves, gardening, cooking and canning. Marilyn enjoyed dancing, cleaning, being outdoors and animals, especially cats and her dog, Lucky. She was a member of the Basilica of St. Fidelis, a hard worker, selfless and always thinking of others first, and loved her nieces and family.
Survivors include her husband, Tommy of the home in Hays; two brothers, Frank Younger and wife Carla of Colorado and Nathan Younger and wife Donna of Commerce City, Colo.; a sister, Geraldine Ruder of Hays; and many nieces and nephews.
She was preceded in death by her parents; two brothers, Ralph Younger and Cletus Younger and wife Rosie; and two sisters, Irene Linenberger and husband Paul and Bernice McMillan and husband Don.
Mass of Christian Burial will be at 3 p.m. Friday, Aug. 23, 2019 at the Basilica of St. Fidelis in Victoria. Burial will follow in the church cemetery. Visitation will be from 5 to 8 p.m. Thursday and from 1:30 to 2:30 p.m. Friday, all at Hays Memorial Chapel Funeral Home.
A vigil service and Rosary will be at 7:30 p.m. Thursday at the funeral home.
Memorials are suggested for family wishes to be decided at a later date.
Condolences and memories of Marilyn may be shared with the family at www.haysmemorial.com
Smith Center resident Lorraine R. Bartley passed away Aug. 19, 2019 at the Smith County Memorial Hospital in Smith Center at the age of 81.
She was born Aug. 6, 1938 in Philips County, Kansas, the daughter of Earl and Pearl (Ritter) Stevens.
Lorraine was united in marriage to Billie Dean Bartley on Nov. 27, 1957 in Phillips County, Kansas. He preceded her in death on April 20, 2019.
She was also preceded in death by her parents; a brother, Kenneth Stevens; an infant sister, Juanita Stevens; two sisters, Valeta Seyler and Norma Gitchel; and a son, Terry D. Bartley.
Survivors include two daughters, Arlene Stone of Hastings, Neb., and Marlyce Gordier and husband, Paul of Elm Creek, Neb.; a son, Tim and wife, Melanie of Smith Center, Kan.; daughter-in-law, Chong Bartley of Florida; 10 grandchildren; 18 great-grandchildren; and a sister, LaDonna Wilcox of Partridge, Kan.
A private family graveside will be conducted in the Agra Cemetery, Agra, Kan., with Pastor Casey Borger officiating.
Friends may sign the book from 9 a.m. to 5 p.m. Thursday, Aug. 22, 2019 at the Olliff-Boeve Memorial Chapel, 1115 2nd St., Phillipsburg, KS 67661. The casket will remain closed.
Memorial contributions may be made to the Central Community Church or the Johnson Cancer Research Center.
WASHINGTON (AP) — The Trump administration is moving to end a long-standing federal court agreement that limits how long immigrant children can be kept in detention, a decision that will almost certainly lead to a new court fight over the government’s ability to hold migrant families until their cases are decided.
Department of Homeland Security (DHS) acting Secretary Kevin McAleenan during Wednesday’s news conference -image courtesy DHS
Ending the so-called Flores agreement is a top priority for the Trump administration. It requires the government to keep children in the least restrictive setting and to release them as quickly as possible, generally after 20 days in detention. Homeland Security officials say they are adopting regulations that reflect the agreement and there is no longer a need for court involvement, which was only meant to be temporary.
The move is the latest effort by the administration to restrict immigration, President Donald Trump’s signature issue, and is aimed at restricting the movement of asylum seekers in the country and deterring more migrants from crossing the border. It is bound to generate fresh outrage, following reports of dire conditions in detention facilities, and it is questionable whether courts will let the administration move forward with the policy.
Peter Schey, a lawyer for the immigrant children in the Flores case and president of the Center for Human Rights and Constitutional Law, said if the regulations don’t match the settlement, “they would be in immediate material breach, if not contempt of court.”
“I think all these things are now part of the 2020 campaign,” Schey said.
The officials said they are creating a set of higher standards to govern family detention facilities, which will be regularly audited, and the audits made public. But the rules would allow the government to hold families in detention until their immigration cases are completed, which could be much longer than 20 days.
The officials spoke to reporters on condition of anonymity to discuss regulations that had not been made public.
The regulations were expected to be formally published Friday and go into effect in 60 days absent legal challenges.
They follow moves last week to broaden the definition of a “public charge” to include immigrants on public assistance, potentially denying green cards to more immigrants. There was also a recent effort to effectively end asylum altogether at the southern border.
Flores is a constant talking point by the president and his administration, which claims it is an immigration loophole that encourages migrants to make a dangerous and potentially deadly journey to the U.S. The district judge overseeing the agreement has already refused government requests to increase the amount of time children can be detained, and advocates have already moved to block the regulations when the proposed rule was first announced last September.
Parents and children coming into the country are often released into the U.S. while their asylum requests wind their way through the courts — a practice Trump has derided as “catch-and-release.”
Homeland Security did not say how long it expects families to be kept. Asylum cases involving detained families move much more quickly than cases for families released, taking months instead of years to resolve, in part because there are none of the delays that result when immigrants set free in the U.S. fail to show up for a hearing.
The government operates three family detention centers that can hold a total of about 3,000 people, though one is being used for single adults, and the other two are at capacity. Officials hope they would not need extra bed space because the rules would serve as a deterrent.
The massive influx of Central American families to the U.S.-Mexico border has vastly strained the system, though agreements by Mexico to clamp down on migrants heading north and a new agreement with Guatemala forcing migrants to claim asylum there instead of heading north are expected to reduce the flow, though the action has been decried as inhumane.
Trump administration officials have also forced more than 30,000 people to wait out their asylum cases in Mexico while their cases progress. It’s not clear how this change would affect that policy.
Lawyers in the Flores case recently spoke out about what they said were deplorable, filthy conditions for children held at border facilities not meant to hold large groups of people for very long.
And a recent report by an independent monitor overseeing claims of government noncompliance with Flores rules detailed the extreme overcrowding and poor conditions that immigrant youths faced in detention.
For example, a Border Patrol station in in Clint, Texas, an El Paso suburb, had a capacity for 105 children. On June 1, there were 676. Lawyers who visited that facility in June described squalid conditions. Children cared for toddlers, the lawyers said, adding that they had inadequate food, water and sanitation.
At a detention center in McAllen, Texas, there were nearly 1,800 juveniles when the entire capacity for both juveniles and adults was 1,500.
The monitor in the Flores settlement visited some facilities, finding that they were as cold as 66 degrees Fahrenheit (19 degrees Celsius), and “even participants in the inspection and dressed in business clothes often found the temperature uncomfortably cool.”
A federal appeals panel found last week that detained children should get edible food, clean water, soap and toothpaste under the agreement, after a bid to limit what must be provided.
The Flores agreement has been into effect since 1997 but mostly applied to children who came to the country alone. In 2015, U.S. District Court Judge Dolly Ghee ruled the requirements were applicable to children who crossed the border with families, after the Obama administration tried to detain them together until their cases were completed.
Part of the issue was that children could not be kept in facilities that weren’t licensed, and no states license family detention centers. Homeland Security officials say by adopting the standards for education, healthy food and cleanliness used by U.S. Immigration and Customs Enforcement, which detains adult immigrants, they are satisfying requirements in lieu of state licensing requirements.
The agreement surfaced again in the spring of 2018, when the Trump administration adopted a policy of prosecuting anyone caught crossing illegally. More than 2,900 children were separated from their parents as a result.
Trump eventually backed down and stopped the separation of families. A federal judge ordered parents and children reunited; the government has said it has done so in as many cases as it could.
SHAWNEE COUNTY — Law enforcement authorities are investigating an alleged threat at a Kansas high school
Hodge photo Shawnee Co.
Just after 1p.m. Tuesday, police received a call from a vigilant citizen stating that they had information about a person who had made threats of violence to Topeka West High School, according to Lt. John Trimble.
Police notified USD 501 officials and worked seamlessly to ensure the safety of the students.
Investigators and officers then tracked down and spoke with all parties that were associated with this threat and took Isaiah K. Hodge, 19, Topeka, to the Law Enforcement Center. He was interviewed and subsequently booked into the department of corrections on a requested charge of Aggravated Criminal Threat, according to Trimble.
AURORA, Colo. — A man accused of assaulting multiple women in Colorado and Kansas days after he was released from prison earlier this year has pleaded not guilty to a litany of charges filed against him in four separate cases, according to the 18th Judicial District Attorney’s Office.
Tre Carrasco, 24, formally entered a not guilty plea to all 16 charges currently filed against him at an arraignment Aug. 16.
An Arapahoe County District Court judge denied a request from Carrasco’s defense attorney to delay the arraignment, according to court records.
A native of Hays, Kansas, Carrasco has been accused of assaulting three different women in three different cities days after he was released from a Kansas state prison Feb. 1, according to court documents.
Two days after he was released, police say Carrasco raped a woman at gunpoint in the passenger seat of her car in Hays. Officials issued a warrant for his arrest that day.
On Feb. 7, police believe Carrasco attempted to kidnap a woman in Aurora while stealing her car outside of a 24-hour Fitness on South Abilene Street.
Five days later, investigators believe Carrasco drove the stolen car, a silver Toyota Camry, to a Cherry Hills Village home where he raped another woman at knifepoint.
Aurora police arrested Carrasco later the same day after local SWAT officers “conducted a high risk stop” on the car the Kansas native was suspected to have stolen.
Though he had not previously been arrested in Colorado, Carrasco was named as a suspect in at least six other crimes that were sexual in nature between November 2008 and July 2011 in Hays, according to an arrest affidavit filed by Cherry Hills Village police.
Hays investigators told Cherry Hills Village police “over time, the seriousness of the history (of Carrasco’s crimes) has escalated.”
In 2008 and 2009, Carrasco was suspected of peeping into windows and tickling women’s feet and legs as they slept.
In June 2010, he was suspected of raping a woman in Hays. A year later, Carrasco was arrested after police said he chased a Hays woman walking on a street, beat her and violently sexually assaulted her.
In April 2013, Carrasco was sentenced to slightly more than eight years in prison for the July 2011 assault.
He incurred a litany of disciplinary infractions while in Kansas prisons between 2014 and 2018, including using stimulants, disobeying orders and disrespecting corrections officers, according to Kansas Department of Corrections records.
Carrasco is a registered sex offender in Kansas, according to police.
He is currently being held at the Arapahoe County Detention Center on a $1.1 million bond, according to county records.
Trial dates in Carrasco’s Aurora and Cherry Hills Village cases have not yet been set, according to county records.
It remains unclear when Carrasco could be extradited to Kansas to face additional charges there.
He’s scheduled to appear next in Arapahoe County District Court at 8:30 a.m. on Sept. 20 for a case management conference.