SHAWNEE COUNTY —Law enforcement authorities are investigating a burglary and have two suspects in custody.
Vince Reyner photo Shawnee Co.Travis Russell
Just after 1a.m. Sunday, deputies were dispatched to the 3100 block of SE 45th St on a report of a suspicious vehicle on the property of a residence, according to Sgt. Todd Stallbaumer.
When deputies arrived at the residence they found a white Cadillac Escalade, unoccupied, parked in the bushes. Deputies investigated further and located an adult male on the property and detained him. With the assistance of a Topeka Police Department K9 unit, another male was located hiding in a room in the residence. The house had been fully rummaged through with items missing as well as other items piled up.
Deputies booked Vincent A. Reyner, 42, and Travis L Russell, 35, both of Topeka, into the Shawnee County Department of Corrections on requested charges of Burglary, Theft and Criminal Damage, according to Stallbaumer.
TOPEKA, Kan. (AP) — Kansas Democrats plan to have voters rank candidates rather than pick only one in a presidential primary set for May 2020.
The party is moving away from its more traditional caucuses, trying ranked-choice voting and allowing mail ballots to boost participation, State Chairwoman Vicki Hiatt said Tuesday. The state party has submitted its plans for the May 2 balloting to the Democratic National Committee for its approval.
About 39,000 people participated in Kansas Democrats’ presidential caucuses in 2016, an unusually large turnout that resulted in a 2-to-1 victory for Vermont Sen. Bernie Sanders over eventual presidential nominee Hillary Clinton. Some meetings took several hours, discouraging participation, particularly if rural voters faced long drives to get to caucus sites, Hiatt said.
“People did not want to do that again,” Hiatt said. “It just ended up being a little chaotic.”
Kansas had state-financed presidential primaries in 1980 and 1992, with county and state election officials overseeing the voting. In both years, more than 160,000 Democrats and 210,000 Republicans cast ballots.
A Kansas law called for a state-run primary every four years after 1992, but the Legislature kept canceling it because of the potential cost. Legislators repealed the law in 2015, leaving it to the political parties to decide how handle the voting.
Hiatt said the 2020 primary could cost the state Democratic Party $200,000, depending on the turnout. But she said the party also could get financial support from groups that promote ranked-choice voting.
“We’re really going to be doing a lot of robust fundraising,” she said.
The state Republican Party hasn’t decided what it will do in 2020, state Chairman Mike Kuckelman said. With President Donald Trump expected to be nominated again easily, some Republicans talked earlier this year of forgoing caucuses and having a state convention pick delegates to the GOP National Convention.
The GOP had caucuses in 2016 but set them up so that voters could arrive after candidate rallies and speeches and simply cast their ballots and leave quickly. About 73,000 Republicans participated, with Texas Sen. Ted Cruz scoring a decisive victory over Trump.
Democrats stuck in 2016 to a more traditional caucus format. After listening to speeches, participants gathered in groups by the candidates they preferred and were counted. Candidates who didn’t receive 15% were eliminated, and the participants regrouped.
With the planned primary, voters would rank every candidate on the ballot. If a candidate does not receive 15% percent of the vote, his or her votes would be redistributed based on the voters’ second choices. That process would continue until all the remaining candidates had at least 15%, and delegates to the Democratic National Convention would be awarded proportionally.
SALINE COUNTY — Students on a summer outing avoided injury after an accident just after 2p.m. Tuesday in Saline County.
The Kansas Highway Patrol reported a 2008 USD 418 McPherson School Activity bus driven by Ernest Clifton White, Jr., 75, Assaria, was south bound on Interstate 135.
A southbound 1996 Peterbilt semi driven by Thomas Edward Smith, 59, Dakota City, NE., sideswiped the bus as the bus attempted to pass just south of Mentor Road.
Smith, White, thirteen students and one other adult on the bus were not injured, according to the KHP. Both drivers were properly restrained at the time of the accident, according to the KHP.
Throughout the day Monday over 800 riders from Biking Across Kansas rolled into Hays to enjoy the sites and sounds of the city.
On the outside of town, members of the Donlay family greeted riders as they passed by hoping to see friends that were participating in the ride.
“We’ll see some of the bikers and head home,” said Chelsea Donlay.
Donlay said she believes the ride encourages healthy behaviors and with her three children — Rowyn, Brynn and Ethan — she waved and greeted riders as they passed by.
“I think it tries to show people to get healthy and fit and just encourages people,” she said, adding she felt the brief words shared as the riders passed by help motivate them on their journey.
She saw it as a benefit to Hays as well.
“It brings some people that may not normally travel through Hays. It shows them what we have as far as our community and our downtown area,” she said.
Melissa Dixon, executive director of the Hays Visitor and Convention Bureau, agreed.
“If it is people that have not been here before, we want to show off what we have and to show them a good time,” Dixon said.
While local attractions extended hours and days for the riders to enjoy, Dixon also noted the benefits to the community by having the tour come through and hopes they will request to come through Hays again.
“They are definitely going to visit our attractions and eat at our restaurants while they are here, so we want to take care of them and show them a good time and have them back again,” she said.
BARTON COUNTY — Law enforcement authorities are investigating the circumstances surrounding the chase of a wanted suspect who died on Monday.
Curtice photo Barton County
Just after 11p.m., a Sheriff’s Deputy attempted to stop a 2002 Chevy Avalanche driven by 36-year-old Nicholas Curtice of rural Ellinwood, according to Sheriff Brian Bellendir. He was wanted on Barton County District Court warrants and had been involved in numerous encounters with law enforcement.
Curtis fled from the intersection of 5th and Odell in the City of Great Bend. The deputy pursued the suspect through the City of Great Bend and south toward the Arkansas River on Washington Street. The suspect vehicle struck the ravine near the north bank of the river, at which point it was disabled. Curtice exited the vehicle with a firearm and placed it to his head. The deputy ordered Curtis to drop the weapon repeatedly. He then waded into about 4 feet of water and fired a single round.
Barton County Sheriff’s Deputies, Great Bend Police Officers and members of the Great Bend Fire Department searched for Curtice for several hours after the incident. We were unable to locate him due to the swift current and darkness. The search resumed at about 8 AM this morning. Members of the Great Bend Fire Department “swift water rescue team” located the body. A boat from the Kansas Department of Wildlife and Parks assisted and were able to locate the body at about 10:45 a.m. approximately 1200 feet downstream from a location where he had been involved in a confrontation with law enforcement, according to Bellendir.
Curtice had previous convictions for criminal damage to property, flee or attempt to elude law enforcement, driving while suspended and for drugs, according to the Kansas Department of Corrections.
In April of 2018, Curtice had been jailed after a high-speed chase in Barton County. In April of 2017, Curtice was captured after a high-speed motorcycle chase following an alleged domestic disturbance in Hoisington.
BARTON COUNTY — Law enforcement authorities are investigating the circumstances surrounding the chase of a suspect who died on Monday .
Just after 11p.m., sheriff’s deputies attempted to stop a vehicle driven by a wanted person that fled south on Washington Street in Great Bend, according to Sheriff Brian Bellendir.
The vehicle crossed over the flood control dike, enter the riverbed, proceeded approximately ½ mile west when it became disabled.
The driver exited the vehicle with a firearm, entered the Arkansas River and shot himself. The suspect disappeared into deep, fast-moving water, according to Bellendir.
As of 9a.m. Tuesday, emergency personnel have not been able to locate the body. The Sheriff’s Office has contacted Kansas Department of Wildlife and Parks, Kansas Highway Patrol and the Great Bend Fire Department swift water rescue team for assistance.
NEW YORK (AP) — A group of state attorneys general led by New York and California filed a federal lawsuit Tuesday to block T-Mobile’s $26.5 billion bid for Sprint, citing consumer harm.
The state attorneys general said the promised benefits, such as better networks in rural areas and faster service overall, cannot be verified, while eliminating a major wireless company will immediately harm consumers by reducing competition and driving up prices for cellphone service.
The T-Mobile/Sprint merger would cause irreplaceable harm to millions of subscribers nationwide, particularly affecting low-income & communities of color.
It's exactly the sort of consumer-harming, job-killing megamerger our antitrust laws were designed to prevent. #MegaBlockpic.twitter.com/XfO68fShoy
New York Attorney General Letitia James said in a statement that combining the two companies would reduce access to affordable, reliable wireless service nationwide and would particularly affect lower-income and minority communities in New York and other urban areas.
Other attorneys general joining Tuesday’s lawsuit are from Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia and Wisconsin. All 10 attorneys general are Democrats. The lawsuit was filed in U.S. District Court in New York.
The lawsuit is an unusual step by state officials ahead of a decision by federal antitrust authorities. The Justice Department’s decision is pending. The Republican majority of the Federal Communications Commission supports the deal , though the agency has yet to vote.
Too many “mega mergers have sailed through the governmental approval process,” so it’s up to the states to “step up,” James said at a news conference.
“There’s no rule or regulation that we have to wait for the DOJ,” she said. She added the attorneys general will “continue to litigate whether the DOJ approves the merger or not.”
Diana Moss, the president of the American Antitrust Institute and an advocate for tougher antitrust enforcement, said the states’ lawsuit could signal to other potential merger partners that there would be tougher enforcement from states even if the federal government permitted deals to go through.
James said Tuesday that her office’s renewed focus on mergers and anti-competitiveness goes beyond the tech industry, though she did not elaborate.
T-Mobile and Sprint have argued that they need to bulk up to upgrade to a fast, powerful “5G” mobile network that competes with Verizon and AT&T. The companies are appealing to President Donald Trump’s desire for the U.S. to “win” a global 5G race.
Consumer advocates, labor unions and many Democratic lawmakers worry that the deal could mean job cuts, higher wireless prices and a hit to the rural cellphone market.
Amanda Wait, an antitrust lawyer and former Federal Trade Commission lawyer, said states are acting because they disagree with what they have seen the federal government doing.
“They see the FCC accepting certain remedies and concessions that don’t, in their minds, solve the problem,” she said.
T-Mobile declined comment. Sprint and the Justice Department did not immediately respond to requests for comment.
One famous example of when the states and federal government diverged on a big antitrust case was in the fight against Microsoft, although that was not a merger case. Several states dissented from the Justice Department’s settlement roughly 20 years ago, pushing for tougher sanctions to curtail Microsoft’s ability to use its dominance in the Windows operating system to thwart competition in other technologies.
More recently, in the Bayer-Monsanto agribusiness merger, five states last year criticized the federal government’s approval.
T-Mobile and Sprint previously tried to combine during the Obama administration but regulators rebuffed them. They resumed talks on combining once Trump took office, hoping for more industry-friendly regulators.
T-Mobile has a reputation for consumer-friendly changes to the cellphone industry. T-Mobile and Sprint led the return of unlimited-data cellphone plans, for example.
T-Mobile, trying to reassure critics, promised the FCC it would build out a 5G network and invest in rural broadband on a specific timeframe or pay penalties. It also promised to sell off Sprint’s prepaid Boost Mobile brand and keep price increases on hold for three years.
That was enough for FCC Chairman Ajit Pai to back thedeal. The other two Republican commissioners indicated they would join him.
But public-interest advocates said these conditions did not address concerns about higher prices and reduced competition— and would be difficult for regulators to enforce.
The Justice Department evaluates deals using stricter criteria than the FCC’s “public interest” standard — namely whether they harm competition and raise prices for consumers. Staff attorneys at DOJ have reportedly told the companies they won’t approve the deal as proposed, but the ultimate decision lies with Makan Delrahim, the top antitrust official who is a political appointee.
The state attorneys general said in Tuesday’s lawsuit that combining Sprint and T-Mobile would make the industry as a whole — Verizon and AT&T, too — less likely to offer plans and services that consumers like. And they say the companies have already been working to roll out 5G and don’t need to combine to do so.
Japanese tech conglomerate SoftBank owns Sprint, while Germany’s Deutsche Telekom owns T-Mobile.
Lewis Wayne “Bud” Eulert, 87, of Hays and Paradise, Kansas, died on Friday, May 31, 2019, at the family farm in Paradise, Kansas.
Bud was born on October 18, 1931, in Rural Paradise, Kansas, the son of Otto C. and Elsie (Reich) Eulert. He grew up in Paradise and graduated from Paradise High School. After high school he graduated from Ft. Hays State University. After achieving his degree, he served his country by joining the United States Army. He met, fell in love and was united in marriage to Kathryn A. Wolf on March 06, 1954, in Natoma, Kansas. From this union they were blessed with 6 children David, Max, Peggy, Anna Lou, Amy and LuAnn. Bud and Kathryn were happily married for 54 years before preceding him in death on September 13, 2008 . Losing his wife was devastating for him, but Bud was fortunate to find love again and was united in marriage to Ann (Morgan) McGlocklin on December 24, 2010, in Hawaii. Bud enjoyed working as a farmer and rancher and spent countless hours managing his cattle and farm. Bud would tell you he loved his farm but later in life, what really intrigued him was managing his oil investments. He was co-owner of ESP Development. He was a member of the Elks Lodge, Kansas Herford Association, Kansas Wheat Growers Association and was on the Paradise School and Township Boards. He enjoyed collecting Indian Artifacts, painting and gun collecting. Most of all he enjoyed spending his time with his family.
Surviving family include his wife Ann of Hays, Kansas, sons David Eulert of Lenexa, Kansas, Max Eulert (Sally) in Ellis, Kansas; daughters Peggy Eulert of Paradise, Kansas, Amy Groom (Tim) of Wellington, Kansas and LuAnn Eulert of Kirkland, Washington; brother Donald Eulert and companion Ute of San Diego, California; sisters Irene Schmidtberger (Linus) of Corpus Christi, Texas and Lynda Koelling (Warren) of Paradise, Kansas; nine grandchildren, Reese Eulert, Fay Eulert, Otto Eulert, Oliver Eulert, David Keil (Gela Parish) Drew Keil (Crystal Hill), Owen Keil, Ian Groom and Brody Groom, 2 great grandchildren Elsie & Scarlet Woods; step daughters Heather McGlocklin of Wichita, Kansas and Bobbi Hase (Collin) of Miami, Florida, step grandchildren Memphis and Liberty Hase.
He was preceded in death by his parents, wife Kathryn; sisters Eleanor Laubhan and Joyce Gillett; brother Harold Eulert and infant daughter Anna Lou Eulert.
A memorial service to celebrate Bud’s life will be held at 11 A.M., Saturday, June 15, 2019, at the Pohlman-Varner-Peeler Mortuary in Russell, Kansas with Pastor Wes Oakley officiating. The family will have a 2 P.M. graveside service, at the Fairport Cemetery in Fairport, Kansas. Memorials may be given to Hays Hospice or the Russell County Area Community Foundation and sent in care of the mortuary. Pohlman-Varner-Peeler Mortuary of Russell, Kansas, is in charge of the funeral service arrangements.
Shirley May Brungardt, age 86, of Hays, Kansas passed away Monday, June 10, 2019 at Via Christi Village, Hays.
Funeral services will be 11 AM Friday June 14, 2019 at Brock’s-Keithley Funeral Chapel and Crematory 2509 Vine Hays, KS 67601. Burial will follow in the St. Joseph’s Cemetery, Hays.
Visitation will be Thursday 6 PM – 8 PM and Friday 10 AM until service time all at the funeral chapel.
Condolences may be left by guest book at www.keithleyfuneralchapels.com or by email at [email protected]
MANHATTAN, Kan. (AP) — Prosecutors say DNA from a Manhattan man who is standing trial this week has connected him to the sexual assaults of four women.
Baggett photo Geary Co.
18-year-old Tommie Baggett is charged with one count of rape, three counts of attempted rape, one count of criminal sodomy, one count of aggravated criminal sodomy, one count of aggravated robbery, three counts of aggravated burglary and three counts of aggravated battery.
One woman said she was assaulted in August 2016 after meeting Baggett in Manhattan through an escort service. Two other women were roommates who said they were assaulted in their home in February 2017. Prosecutors say Baggett then slipped through an open window a month later and choked a third roommate when she refused to have sex with him.
Plainville Livestock CommissionBy CRISTINA JANNEY Hays Post
PLAINVILLE — An auction has been set for June 27 for the Plainville Livestock Commission’s real estate, vehicles and equipment in attempts to recoup some of almost $14.5 million in debt the business owes in its bankruptcy.
The real estate will sell at 11 a.m. and will be administered by the bankruptcy trustee, James Overcash. The equipment, vehicles and other property will be sold by Bud Palmer Auction starting at 1 p.m. at the livestock commission property at 907 NW Third in Plainville.
The Gillums are charged with 31 counts of bank fraud, one count of making a false statement to the Small Business Administration in an application for a $1.5 million loan, and one count of making a false statement to Almena State Bank in an application for a $500,000 line of credit.
The indictment alleges investigators examined unfunded checks and wire transfers totaling more $2 billion sent by Tyler Gillum as part of the scheme.
The indictment alleges the Gillums defrauded Almena State Bank in Almena; Landmark Bank in Manhattan; Colorado East Bank and Trust in Lamar, Colo.; Astra Bank in Scandia; TBK Bank in Dallas; Guaranty State Bank in Beloit; and The Bank in Oberlin.
Dozens of cattle producers were caught up in the scheme after money that was supposed to be set aside to pay cattle sellers was transferred from a custodial account to the Plainville Livestock Auction’s operating account. The Almena Bank froze both accounts, which resulted in bounced checks amounting to tens of thousands of dollars per producer.
Almena Bank 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. In the interpleader case, Almena bank indicated Plainville Livestock Commission had defaulted on three loans with its bank totaling more than $3.49 million.
The interpleader case has been transferred from Norton District Court to federal bankruptcy court. That case is pending separate from the main bankruptcy proceedings and is still working its way through the court system.
According to court documents filed May 31 in federal bankruptcy court, the trustee indicated Almena State Bank has the first lien on the real property to be sold at the upcoming auction and the the second lien on the equipment.
The property consists of two tracts, one of which is 21 acres and the other 0.65 acres. The property is valued at $734,030, according to the Rooks County Appraiser’s office.
The trustee determined TBK Bank has first lien on the equipment. According to court records, TBK Bank is owed $227,238.
The attorney for TBK did not wish to comment on the bankruptcy or the pending auction, Almena Bank did not return previous calls regarding this story.
There are also secured loans on four trucks and a skid loader. The creditors that hold those liens will be paid first on the sale of those items. The claim on these items amount to more than $92,000.
The machinery, equipment, vehicles and office equipment were valued at about $542,000 with cash, equivalents and accounts receivable worth an additional $211,000 according to court records.
According to court documents, Plainville Livestock Commission debt is almost $14.5 million of which $3.7 million is secured debt. Landmark Bank of Manhattan is listed as an unsecured creditor with the commission owing $8 million.
In the time leading up to the Livestock Commission’s bankruptcy filing and the Gillums’ indictment, records show the Livestock Commission earned $2.2 million in 2017, $1.9 million in 2018 and $225,000 before the commission was shut down in 2019.
Some of the personal property to be auctioned includes office and kitchen equipment from the cafe, such as tables and chairs, computers, refrigerators, ice machine, and a grill.
Some of the stockyard equipment includes tractors, ATVs, mowers, chutes, trailers, gates, tanks, and a welder.
A representative of Bud Palmer Auction said a sale bill will be posted on the company’s website in the coming days.
The trustee has leased the sale barn to Lloyd and Judy Schneider dba Heartland Regional Stockyards, a livestock market agent with a separate license from the Gillums. They are also listed as creditors in the bankruptcy. Hays Post has also tried to contact the Schneiders about the case.
According to court documents, Heartland’s lease will be terminated within six days following the approval of the sale of the real estate by the bankruptcy court.
Any funds from the auction that are greater than what is owed to Almena Bank, TBK or other lien holders will go to the bankruptcy estate, according to court records.
Overcash is set to appear before the bankruptcy court to report on the sale at 9 a.m. June 28 or as soon after the sale as possible.
Any other remaining assets that are not listed in this sale will be sold at a separate, future sale, according to court records.
That includes trucks, a Chevy Camaro, more trailers, semi and other items.
Check Hays Post for more on this developing story as details become available.
Cirrhosis of the liver as shown with staining. ED UTHMAN, CREATIVE COMMONS (BIT.LY/31QRFNM)
Kansas can no longer put off care for Medicaid patients with hepatitis C because of a recent legal settlement. But hundreds of the state’s prison inmates not covered by that lawsuit will have to wait another year for the pricey treatment.
That raises concerns about whether the delay constitutes cruel and unusual punishment under the U.S. Constitution, civil rights lawyers say, because inmates have the right to medical care.
“This is a fairly clear Eighth Amendment violation,” said Lauren Bonds, legal director for the ACLU of Kansas, which brought the Medicaid lawsuit. “Delayed treatment is unconstitutional.”
Kansas prison officials say more than 700 inmates currently have hepatitis C, a virus that attacks the liver and that’s most commonly contracted by sharing needles to inject illegal drugs. The state Department of Corrections expects about half will receive treatment this year, starting with those who’ve developed liver cirrhosis from the virus.
That’s on top of about 100 inmates treated in recent months, agency spokeswoman Jeanny Sharp said.
“The treatment strategy,” she said, “aligns with what many other states that were sued were asked to do.”
Kansas, she said, is doing it voluntarily.
Legal challenges
States landed in legal hot water in recent years for limiting hepatitis C treatment for their Medicaid and prison populations in response to the sky-high cost of new drugs. The drugs offered highly effective treatment to clear infections up, but with price tags that could total nearly $100,000 per person.
Kansas settled the Medicaid lawsuit, agreeing to no longer limit coverage of hepatitis C medication to those with more advanced liver scarring, while forcing others to wait.
Read the state’s settlement with the ACLU over Hep C coverage.
The suit didn’t cover prisons, but last fall, Kansas began screening all inmates for hepatitis C.
The corrections department says costs vary, but tend to run between $15,000 and $17,000 to treat the typical inmate. That can involve several months of daily medication.
The state will spend $6 million in fiscal 2020 on treating about half of its inmates with hepatitis C, a corrections official last week told a meeting of state leaders charged with signing off on the expense. Gov. Laura Kelly and the legislative leaders agreed unanimously.
Waiting for treatment
As it stands, inmates with less advanced hepatitis C will need to wait until fiscal 2021.
The corrections department wanted more funding to treat them this year instead, but the governor’s office didn’t request the full amount from the Legislature.
A spokeswoman said Tuesday Kelly is committed to ensuring inmates get treatment.
The state “will move as quickly as possible to treat every prisoner affected,” Dena Sattler wrote, “and if additional funding is required to keep providing treatment before the next fiscal year, the Governor will make additional budget recommendations as necessary.”
More inmates are testing positive for hepatitis C than initially estimated — about 13 percent of people entering the prison system.
It can take years for the outward signs and symptoms of the virus to develop, such as jaundice and fatigue.
About one in four people who get hepatitis C fend it off naturally. For most, the disease takes its toll, causing chronic infections.
As many as one in five eventually develop cirrhosis and one in 20 get liver cancer. Some cases require liver transplants.
Studies suggest early hepatitis C treatment benefits patients, while delaying treatment can harm their long-term health.
The costs of hepatitis C treatment are just one of the woes the corrections department is juggling. It’s struggled, for example, to pay guards well enough to keep prisons adequately staffed.
Bonds, of the ACLU, wouldn’t rule out heading back to court to press for speedier hepatitis C treatment in prisons. At the same time, she said the ACLU understands the system is facing budgetary hurdles.
“We do want to recognize and at least acknowledge that there has been some progress made,” she said. “We do want to be reasonable and see if there is a non-litigation means to get prisoners treated more quickly.”
The ACLU is continuing to monitor hepatitis C treatment for Medicaid patients, too. Under the terms of the state’s settlement with the group, Kansas agreed to hand over quarterly updates on how many patients are prescribed treatment and whether their requests get approved.
Previously, the state’s privatized Medicaid program, KanCare, approved only patients with the most serious liver scarring. It made them pass extensive sobriety tests, too.
The settlement says Kansas can only impose a three-month drug-free period instead of six, and that it can’t reject patients for using alcohol or illegal drugs that aren’t taken by needle.
Celia Llopis-Jepsen is a reporter for the Kansas News Service. You can reach her on Twitter @Celia_LJ
