Year: 2019
Life in prison for Kansas man in 2016 murder, drug charge
WICHITA, KAN. – A Kansas man was sentenced Wednesday to prison for the shooting death of man in south Wichita.
According to the Sedgwick County Attorney’s office, a judge sentenced Casimiro Nunez, 62 Wichita, to life in prison with no parole eligibility for 50 years.
Nunez was also sentenced Wednesday to 18 months for possession of methamphetamine with intent to distribute. Both sentences are to run concurrently.
In the early morning hours of October 29, 2016 Antonio Guzman was shot three times in a house in the 3100 block of S. Yale in Wichita.
In March of this year, a jury found Nunez guilty of first degree murder for Guzman’s death along with the drug charge.
Man found dead in Kansas pond apparently fell in while fishing
WICHITA, Kan. (AP) — Authorities say a man found dead in a Wichita pond apparently fell in while fishing.
A Sedgwick County dispatch supervisor says emergency crews responded around 4:30 p.m. Wednesday to the pond. The man was pronounced dead at the scene.
Police Sgt. James Bray says the victim was around 70 years old. His name wasn’t immediately released.
Merle Dean ‘M.D.’ Grimes
Merle Dean “M.D.” Grimes, 83, passed away Wednesday, April 24, 2019 at his home in Larned.
He was born September 10, 1935 in Burrton, the son of William T. and Neva Barger Hedrick Grimes.
A lifetime area resident he was a service station operator at M.D. Super Service.
He was a member of Isis Shrine, Salina; Sunflower Shrine and Masonic Lodge, both of Great Bend; Past member of Larned City Council; Former President of USD 495 School Board; past Patron of the Order of the Eastern Star; and he enjoyed travling.
On October 15, 1961 he Married Patsy D. Clapham at Larned, she survives.
Other survivors include; two sons, Darin Grimes, Shakopee, Minnesota and Trent (Glenda) Grimes, Wood Heights, Missouri; one sister, Patricia Appel, Anna, Texas; one brother, Donald Warner, Shawano, Wisconsin; three grandchildren; seven great grandchildren.
He was preceded in death by his parents and two brothers; John Price and Richard Warner.
Cremation has taken place and a memorial service will be held 2:00 PM, Saturday, April 27, 2019 at First Christian Church, Larned, with Reverend Jack Hopkins presiding. Visitation will be from 9:00 AM to 5:00 PM on Friday at Beckwith Mortuary, Larned.
Memorials may be given to the Sunflower Shrine Travel Club, in care of Beckwith Mortuary, PO Box 477, Larned, Kansas 67550. Personal condolences may be left at www.beckwithmortuary.com.
Donnie L. ‘Don’ McDonald
Donnie L. “Don” McDonald, 70, Wentworth, Missouri, died Wednesday, April 24, 2019 at his home.
Funeral arrangements are pending and will be announced by Hays Memorial Chapel Funeral Home.
Wayne Rathbun Sr.
Wayne Rathbun Sr., 86, passed away April 24, 2019, at Medicalodges of Great Bend. He was born April 16, 1933, at McPherson to Lyle & Geneva (Leeper) Rathbun. He married Joan Easdon on February 14, 1954, at Great Bend. She survives.
A lifetime Great Bend resident, Wayne was a member of the First Southern Baptist Church and the Masonic Lodge. He was self-employed as an oil field truck driver and structural pipe salesman. He enjoyed fishing, hunting and boating and especially loved his grandchildren.
Survivors include, his wife, Joan of the home; one son, Wayne Rathbun, Jr. and wife Connie of Great Bend; three daughters, Charlotte Rowe of Enid, OK, Cheryl Lawson of Casa Grande, AZ, and Chris Rathbun of La Mesa, CA; cousin, Jim Leeper and wife Julie of Burleson, TX; eight grandchildren; and eight great grandchildren. He was preceded in death by his parents.
Visitation will be held from 1:00 p.m. to 9:00 p.m., Friday, April 26, 2019 at Bryant Funeral Home, with family present from 7:00 p.m. to 9:00 p.m. Funeral Service will be held at 11:00 a.m., Saturday, April 27, 2019, at First Southern Baptist Church, with Pastor Tim Singleton presiding. Burial will be at a later date.
Memorials are suggested to the First Southern Baptist Church Trustee Account, in care of Bryant Funeral Home.
INSIGHT KANSAS: Politics and poker
Politics and poker, politics and poker
Shuffle up the cards and find the joker
Neither game’s for children; either game is rough
Decisions, decisions, like
Who to pick, how to play, what to bet, when to call a bluff.
Fiorello, 1959
Sixty years ago, Fiorello, the musical based on the career of New York city’s feisty Mayor, Fiorello LaGuardia, premiered on Broadway. It was a smash hit, and six decades later, “Politics and Poker” remains its most memorable tune, catchy and true.
Kansans can watch a classic poker game over the next couple weeks, a “Texas Hold’em” showdown between Gov. Laura Kelly and Sen. President Susan Wagle. The results of this high-stakes game will determine, at least for 2019, whether Kansas will expand Medicaid or continue to reject the financial benefits that come with it.
The governor and the senate president are worthy, veteran adversaries, with contrasting policy worldviews and very different political situations. Kelly, less than eleven months after announcing her candidacy for governor, won a clear victory over Kris Kobach, even though an independent siphoned off six percent of the vote.
Wagle observed that Kelly had not received more than half the vote, and thus had no mandate. Kelly smiled a knowing smile from Cedar Crest.
Wagle’s political imperative derives from her desire to become a U.S. senator, replacing the retiring Pat Roberts. With her Wichita base and conservative record, she may be viable, but no shoo-in. And here’s the rub. Medicaid expansion — in various polls, in a host of editorials from around the state, and given the results of a solid favorable vote in the Kansas House – is downright popular. Moreover, it’s likely that there are at least 21 votes, a constitutional majority, to pass expansion in the Kansas Senate. And its chances increased this past week when the governor allowed a Farm Bureau “non-insurance bill” to become law, thus potentially winning additional backing.
This is where another player comes into the game. Senate Minority Leader Anthony Hensley has essentially said, “let’s see what you’ve got,” by filing a motion to move the Medicaid bill out of committee. That takes 24 votes. No one knows if the votes are there, but governor Kelly, Lt. Gov. Lynn Rogers, and outside groups have pushed hard over the legislative recess to build support.
While Wagle seems a clear “no,” other Republican senators understand that, per Kelly’s win and Sharice Davids’ victory in the KS-3 House race, the context of the 2020 election is changing, especially in Johnson County. And other highly conservative states, such as Indiana and Arkansas, have expanded Medicaid. So perhaps some senators might hedge their bets, explaining how small-town hospitals and rural areas will benefit.
Moreover, Kelly is the state’s chief executive, with the ability to offer legislators inducements unrelated to Medicaid expansion. Overall, she holds better cards than does Sen. Wagle, whose only action is to obstruct.
As the last cards flop on the table, both leaders have a lot at stake, but not everything. Gov. Kelly can live to fight another day, given that she is just in the first few months of her tenure. More importantly, Sen. Wagle does not actually need to win on this issue. What’s central is the position she takes in the fight. She needs the support of far-right Republicans to win the nomination for the Senate. Win or lose, if she holds tight to her opposing position, she likely maintains this base.
Thus, there could be two winners: the governor on policy and the Senate president on politics. So, let’s see the cards.
Burdett Loomis is an emeritus professor of political science at the University of Kansas.
Hydrant testing set for today
The Hays Fire Department will be inspecting and flow testing fire hydrants on April 25, 2019 in the area of Elm St. to Walnut St. between 1st and 6th St., Vine St. to Canterbury between 13th St. and 8th St., Countryside Mobile Home Park and KSU Ag Research Station. This is part of a coordinated effort by the City of Hays to inspect all fire hydrants in the city and flush all water mains annually.
Inspecting fire hydrants ensures that the valves operate properly and that there is no damage or obstructions that will prevent or interfere with the prompt use of fire hydrants in an emergency. Firefighters are also checking the pressure and volume of water mains in each neighborhood for firefighting purposes. The associated flushing of water mains allows chlorine to be distributed throughout the system to eliminate bio-filming in the water mains.
Slight discoloration of the water supply may be encountered although there will be no health risks to the consumer. All reasonable efforts will be taken to minimize the inconvenience to the public. Drivers are asked to avoid driving through water discharging from a fire hydrant during the short flushing period.
For more information, please contact the Hays Fire Department at 628-7330.
8th St. Liquor’s Early Bird Contest: Shop before anyone else!
Enter for a chance to shop at 8th St. Liquor before anyone else on Customer Appreciation Day — and make sure that you get what you need before they run out.
KZ Country Cheesy Joke of the Day 4/25/19
Offer Of Help
One evening, a four-year-old child came in while his mom was setting the
table for supper. Quite surprisingly, he asked if he could help. His
mother said, “No, but I appreciate your asking.”
The child responded, “Well, I appreciate your saying no.”
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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.”