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Kan. AG: Child victims cannot be “aggressors” responsible for sex crimes committed by adults

TOPEKA —Legislation requested Monday by Kansas Attorney General Derek Schmidt would prevent state judges from lowering prison sentences for adult sex offenders because a child victim was an “aggressor” who contributed to the crime.

Soden -photo Leavenworth Co.

According to a media release from the Attorney General, current law allows judges to reduce the length of prison sentences – or “depart” downward from statutory sentence guidelines — by finding that the victim of certain crimes contributed to the criminal conduct by being an “aggressor.” The proposed bill would make that reason for downward departure unavailable in sex crimes when the victim is younger than 14 years and the offender is an adult. It also would make departure unavailable when human trafficking victims are involved regardless of their age.

“No matter the child’s behavior, child victims are not responsible for the criminal conduct of adults who commit sex crimes against them,” Schmidt said. “In my view, the law should reflect that simple principle.”

Schmidt said the legislation was motivated by a recent decision by a Leavenworth County judge, who reduced the sentence imposed on 67-year-old Raymond Soden who was convicted of committing a sex crime against a 13-year-old girl. The reduction was based on the judge’s finding that the child victim was an “aggressor” in the crime.

Leavenworth County Attorney Todd Thompson said he disagreed with the reduced sentence but did not appeal the decision because he concluded the judge had acted within the discretion allowed by current law. Thompson said he supports the proposed new legislation.

“We are grateful to Attorney General Schmidt in recognizing this flaw in the law and working with us to immediately take action to fix it,” Thompson said. “When appealing a case we must remove the emotional component and focus solely on the legal argument. In this case we do not have the legal argument.”

The legislation was requested Monday in the House Committee on Corrections and Juvenile Justice.

Herington superintendent selected as new Hays USD 489 superintendent

Hays Post

Ron Wilson

Update: The Hays USD 489 school board extended a two-year contract offer to Herington Superintendent Ron Wilson to become the new superintendent.

Wilson accepted the contract, and the school board voted Monday night to unanimously approve the contract with Wilson.

The district interviewed four candidates for the position. They also included Keith Hall, Hays interim director of finance; Jamie Wetig, Ashland superintendent; and Mike Gower, Logan and Philipsburg superintendent.

“Ron comes in with a really great attitude, a very positive, uplifting attitude,” Board President Mandy Fox said. “He has culture on the forefront. He really wants to build that culture for this district. He referred back each time to the same phrases, ‘We are here for the kids, ‘Is that is what is best for the kids?’

“I think he is going to work hard to instill that culture, not only to staff, but administrators and with the kids even. I think his focus is to bring everyone together and to bring some new ideas to what we are doing now with the board too.”

Wilson in his last two years in Herington has engaged in interest based bargaining with teachers. The board at one time used IBB, but has moved away from it in recent years. Board member Paul Adams recently suggested the board move back to IBB.

“I think he is excited to come,” Fox said. “I think his wife is really excited to come. They were very energetic when I made the offer, and we look forward to having them this July.”

Wilson will take over as the superintendent in Hays on July 1.

Current Hays Superintendent John Thissen will serve out the remainder of his contract, which runs through June 30.

Thissen resigned in October, citing personal reasons.

Adams said he thought Wilson was a very good candidate.

“I think his personality and his inclusiveness in bringing the teachers into his vision and building a culture is going to be very important for us as we are moving forward.”

Adams said he also thought Wilson’s desire to work with the board to find efficiencies is important.

Board member Mike Walker said of the four candidates, Wilson seemed to exhibit the most energy and be the most positive.

“I think that will be a good thing for our district—to have a real go-getter,” Walker said.

——-

The Hays USD 489 school board in its final agenda for Monday’s meeting will vote to extend a two-year superintendent contract to the Herington Superintendent Ron Wilson.

Wilson has been the superintendent in Herington for two years.

He will take over as the superintendent in Hays on July 1.

Current Hays Superintendent John Thissen will serve out the remainder of his contract, which runs through June 30.

Thissen resigned in October, citing personal reasons.

Watch the Hays Post for more on this story as it becomes available.

Charges: Jail nurse killed husband, wanted to wed inmate

KANSAS CITY (AP) — A Missouri jail nurse who allegedly wanted to marry a man convicted of killing a lottery winner has been charged with poisoning her husband and setting their home on fire, according to court records.

Murray -photo Miller County

Amy Murray, 40, is facing charges including first-degree murder and arson in the Dec. 11 death of her husband, Joshua Murray. Investigators said he was found dead in the master bedroom of the couple’s burned-out home in Iberia, and that his wife later told the prison inmate in a recorded phone call that they could get married because her husband was “out of the picture.”

An autopsy determined her husband was poisoned by a chemical in antifreeze and likely died before the blaze started.

Amy Murray remained jailed Monday on a $750,000 bond. Her attorney didn’t immediately return a phone message Monday seeking comment from The Associated Press.

Murray reported finding the home ablaze when she returned from taking the couple’s 11-year-old son and two dogs to a McDonald’s, a Miller County sheriff’s detective wrote in a probable cause statement released last week. She told investigators she couldn’t get inside the home because the house was filled with smoke.

But investigators said they found a McDonald’s sandwich on the kitchen counter at the house in Iberia, which is about 140 miles southeast of Kansas City.

Claypool -photo MODOC

Murray worked part-time as a nurse at the Jefferson City Correctional Facility, where she had a “romantic relationship” with inmate Eugene Claypool that had been ongoing “for some time,” according to authorities and charging documents. Claypool, who isn’t charged in the case, was sentenced to life in prison for fatally stabbing an elderly man in 2000.

In recorded phone calls at the facility, Murray told Claypool she wanted to divorce her husband. Following the fire, she allegedly told Claypool they could get married because her husband was dead and “out of the picture,” according to court documents. She and Claypool also discussed getting an attorney so Claypool could be released from prison early.

Claypool and another man pleaded guilty to killing 72-year-old Donald Hardwick, who was attacked in his home on Christmas Day in 2000. Hardwick, who couldn’t walk without using a walker, won a $1.7 million Missouri Lottery jackpot in 1998. Investigators said Claypool and his co-defendant targeted Hardwick believing he had $10,000 stashed in his Springfield home.

Investigators said Claypool repeatedly stabbed Hardwick, whose wife later found him dead with a Bible on his chest.

HOOPS HIGHLIGHTS: Tiger women dominate on the road; TMP girls win 5th straight

 

By C.D. DESALVO
Hays Post

No. 5 Tiger Women go 2-0 on the road last week

The fifth-ranked Fort Hays State women dominated on the road last week with a 78-53 win over Pittsburg State on Thursday and a 72-57 victory over Missouri Southern on Saturday. Despite playing their first two games without senior guard Carley Heim (who suffered a knee injury against Nebraska-Kearney), the Tigers were efficient offensively shooting a combined 46% from the field and 40% from behind the three-point line last week with a +1.32 assist-to-turnover ratio. The Tiger women have won six games in a row, have locked up a spot in the MIAA tournament, and have a two-game lead on Lindenwood, who they play this Thursday at Gross Memorial Coliseum.

The Tiger men split their road games last week with a thrilling 77-75 win over Pittsburg State on Thursday and a 72-57 loss in Joplin at Missouri Southern on Saturday. The Tigers followed up a 48% shooting performance against Pittsburg State with a season-low 35% shooting day against Missouri Southern. The Tigers are currently fifth in the MIAA standings with Lindenwood and Lincoln coming up at home this week.

Both games for the Tiger women and men can be heard on Tiger Radio Mix 103.

Hays High boys get two conference wins at home

The Indians played two games at home last week, defeating Great Bend 47-39 on Tuesday and Liberal 59-54 on Friday. Senior Tradgon McCrae scored 29 points total over the two games including seven total steals. Hays improves to 9-7 on the year and 4-2 in conference. They will play at Abilene on Tuesday and you can listen to the game on 96.9 KFIX.

The No. 10 Hays High girls split the weekend with a 60-29 victory over Great Bend on Tuesday and a 55-34 loss to Liberal, who was ranked second in class 6A.

TMP-Marian girls win fifth straight game

The Lady Monarchs stayed at the top of the Mid-Continent League on Friday with a 54-34 win over Phillipsburg in Hays on Friday. Emilee Lane recorded her first career double-double with 14 points and 12 rebounds. Megan Hamel scored in double figures for the first time in her career with 10. The Lady Monarchs are 12-4, 6-0 at Al Billinger Fieldhouse and 7-0 in the MCL. They take on Great Bend on the road Tuesday. You can listen to the game on 99.5 KHAZ.

The TMP-Marian boys fell to No. 3 Phillipsburg 61-50 Friday night. The Monarchs got to within one at 33-32 in the second half before Phillipsburg built a 17-point lead in the fourth. The Monarchs had three players score in double figures led by Jared Mayers and Ryan Karlin. Mayers also finished with a career-high seven blocks. The Monarchs are 9-8 on the year and 4-3 in the MCL. They take on Great Bend on the road Tuesday. You can listen to the game on 99.5 KHAZ.

OVERTIME

The Osborne boys improved to 17-0 on the season with a 67-58 victory against Stockton on the Area Game of the Week on 101.9 The Bull on Friday. 6’4 senior and Fort Hays State football commit Darnell Holloway dominated the floor with 19 points, 16 rebounds and five blocks including this dunk:

 

Have highlights you want to share for next week’s Hoops Highlights? Email them to C.D. DeSalvo. Photos are encouraged!

Alleged ringleader in foiled SW Kansas bomb plot plans appeal

WICHITA, Kan. (AP) — The alleged ringleader of a foiled plot to massacre Somali Muslims in southwest Kansas is appealing his conviction and prison sentence.

Patrick Stein-photo Butler Co.

The attorney representing Patrick Stein on Monday filed a notice of appeal to the 10th Circuit Court of Appeals.

Stein was among three militia members convicted of plotting in 2016 to blow up a mosque and apartments housing Somalis in Garden City.

A judge last month sentenced Stein to 30 years in prison for conspiracy to use a weapon of mass destruction and 10 years for conspiracy against civil rights. The sentences will run concurrently.

Stein will return to federal court on Feb. 22 for a change-of-plea hearing and sentencing in a separate indictment alleging possession of child pornography. The material was discovered during searches in the bomb case.

News From the Oil Patch, Feb. 11

By JOHN P. TRETBAR

The Kansas Independent Oil & Gas Association has announced plans for its 27th Annual Mid-Year Meeting. The meeting is April 17th through the 19th at the Kansas Star Casino in Mulvane. You can find trade show contracts as well as sponsorship and registration forms at their Web site at KIOGA.org.

Independent Oil & Gas Service reported three active drilling rigs in eastern Kansas last week, up one, and 29 west of Wichita, which is unchanged. Operators are drilling on one lease in Barton County and one in Ellis County.

They’re about to spud new wells on one site in Barton County and two in Russell County.

Baker Hughes reported 1,049 active drilling rigs across the U.S., which marks an increase of seven oil rigs and a decrease of three seeking natural gas. Alaska and California each added four active rigs, while Texas dropped three and Oklahoma was down two. Canada reports 240 active rigs, which is down three.

Regulators approved 27 permits for drilling at new locations across the state last week, seven east of Wichita and 20 in Western Kansas. There are two new permits in Barton County and one in Russell County.
Independent Oil & Gas Service reports 18 newly completed wells in Kansas over the last week. Four were in the eastern half of the state, and 14 were west of Wichita. There were two new completions in Ellis County, one in Barton County and two in Stafford County.

The Kansas Geological Society recognized and named nine new oil fields in Kansas during its meeting February 5th. They also identified a new pay source in the existing “Wondra” field in Barton County.
The government’s weekly report on crude-oil imports showed an increase of 63-thousand barrels per day last week, to 7.1 million million barrels per day. The four-week average, 7.5 million barrels per day, is about 7.3% less than the same period a year ago.

Crude oil inventories increased by 1.3 million barrels last week. Total inventories last week across the U.S. reached 447.2 million barrels, about 6 percent above the five-year seasonal average.

U.S. crude oil production increased by nine thousand barrels per day last week. Total output for the week was 11.898 million barrels. That’s 1.6 million million barrels per day more than last year at this time.
U.S. and Canadian oil-by-rail traffic continued to increase last week because of pipeline constraints. According to the Association of American Railroads, nearly 13-thousand tanker cars moved petroleum and petroleum products across the U.S. during the week ending February 2nd. That’s up more than 20% over this time last year. Totals so far this year are up nearly 24% over last year. Canadian operators moved 8,602 tanker cars, an increase of 13.7% over last year. The cumulative total so far this year is more than 32 percent higher than the same figure last year.

Pipeline restraints and declining demand have natural gas prices in a tailspin, especially in West Texas. According to Reuters, prices in the Permian basin tumbled almost 90 percent to a record low last week.
TransCanada Corp. said its Keystone pipeline was likely the source of a 43-barrel oil spill in eastern Missouri that prompted two companies to shut down pipelines as a precaution. Enbridge said its nearby Platte crude line was returning to service over the weekend. TransCanada said cleanup is underway.

The North Dakota House defeated a move to increase the oil extraction tax, the second such proposal that has failed during this legislative session. A similar bill failed in the Senate. The legislation would have restored the oil-extraction tax from the current five percent to 6.5%, the level before lawmakers reduced it in 2015. But Republican opponents argued the oil tax overhaul in 2015 also removed price-based tax breaks for the industry, which has led to the state collecting an additional $942 million from the oil industry since 2016.

A measure introduced in the New Mexico Legislature to raise oil-and-gas royalty rates on state land would also charge royalties for natural gas being vented or burned off at oil wells. Industry experts say the legislation could end up pushing more development to federal lands by making state trust lands less attractive. The industry argues that venting and flaring are sometimes unavoidable given pipeline capacity shortages and other issues. But regulators under new Democratic leadership in Santa Fe are expected to begin cracking down on emissions in the patch.

Bankrupt oil companies in Canada must pay the costs of cleaning up their abandoned wells under a ruling from that country’s top court. Justices struck down a decision that allowed them to pass those costs onto an industry-funded group. The Supreme Court of Canada, in a 5-2 decision, said companies or their receivers cannot walk away from their environmental liabilities by invoking federal legislation regarding the order in which creditors are to be paid.

Another new deepwater oil-export facility could be coming soon to the Texas Gulf Coast, at least the third to be proposed in the last year. Enbridge and Kinder Morgan have applied to the U.S. Maritime Administration for the project called “Texas Colt.” The facility would be located off the coast of Freeport, Texas, and would go into service in 2022. The Oil & Gas Journal reports the facility could fully load a two million barrel Very Large Crude Carrier in about 24 hours.

Saudi Arabia cut its crude output in January by about 400,000 barrels per day. Reuters reports the kingdom has surpassed its promises to cut exports to balance the market and support prices.

FHSU adjusts schedule; Tiger baseball home opener set for Wednesday

FHSU Athletics

The Fort Hays State baseball team will make its home debut on Wednesday, February 13 after a schedule change altered plans to travel to Emporia, Kan. Due to the forecasted low temperatures over the weekend, the Tigers will instead host Wayne State (Neb.) for a three-game midweek series.

The Tigers and Wildcats will battle in a single contest at 3 p.m. Wednesday before wrapping up the series with a doubleheader beginning at noon Thursday (Feb. 14).

The Tigers hold a 12-3 advantage in the all-time series with Wayne State, including a 10-2 mark at home. The teams last met in 2012, when Fort Hays State swept a two-game series inside Larks Park. The Tigers have won five-straight meetings with the Wildcats, with the last WSC win coming on Opening Day in 1996.

Wayne State is 2-1 so far this season while the Tigers are 0-5 to start the year. Landon Erway leads the Tigers with a .600 batting average, second-best in the MIAA, while Ryan Stoecklein boasts a team-best .643 on-base percentage. Ryan Grasser has collected 12 total bases through five games, including the lone Tiger home run.

Wayne State has compiled a .310 batting average through three contests, including five home runs. Alex Logelin leads the way with a .583 batting average while Bryce Bisenius cleared the fence with a pair of home runs.

Fort Hays State was initially scheduled to travel to Emporia on Thursday for a crossover tournament consisting of two games against Wayne State, one meeting with Emporia State and a single game against William Jewell.

Barbieri earns MIAA Athlete of the Week honors

FHSU Athletics

FHSU Athletics

KANSAS CITY, Mo. – Fort Hays State junior forward Belle Barbieri has been named MIAA Women’s Basketball co-Athlete of the Week for her performance on the road last week, announced Monday (Feb. 11) by the league office. Barbieri averaged 16.0 points and 6.5 rebounds in a pair of victories for the fifth-ranked women’s basketball team, knocking down more than 70 percent of her shots from the floor (12-of-17).

The Abilene, Kan. native got the Tigers off to a hot start against Pittsburg State on Thursday, scoring nine points in the first 10 minutes to nearly outscore the Gorillas herself (11 points). She followed that up with a career day on Saturday, totaling 21 points on 8-of-10 shooting in a win over Missouri Southern. Barbieri finished the game one rebound shy of a double-double, including six boards on the offensive end.

It is the third time a Tiger has earned the weekly award this season after Tatyana Legette picked up the honor two times.

The league-leading Tigers will return home for the first time in nearly three weeks on Thursday (Feb. 14) when they take on the second-ranked team in the conference, Lindenwood. First tip is set for 5:30 p.m. from Gross Memorial Coliseum.

Weed control update for field crops offered in Hays

Pigweed

Farmers, come and join us for a “Weed Control Update for Field Crops” program featuring K-State Research & Extension Weed Control specialists Dallas Peterson and Vipan Kumar on Tuesday, February 19, at the Hays K-State Agricultural, 1232 240th Ave.

Topics of discussion will be weed research in western Kansas, herbicide resistant weed management, and weed control updates for field crops. As always, there will be time for your questions and answers.

Continuing education units for Certified Crop Advisers and Commercial Applicators are available.

Registration begins at 8:30 a.m. with the program kicking off at 9 a.m. and concluding at 12 noon with a complimentary lunch.

RSVP is requested for the meal count by Friday, February 15. Call the Cottonwood District Extension Office in Hays at 785-628-9430, or email Theresa [email protected].

Hays USD 489 school board set to vote on new superintendent

By CRISTINA JANNEY
Hays Post

The Hays USD 489 school board is set to vote on a new superintendent at its meeting on Monday.

The board will meet at 6:30 p.m. in Toepfer Room of Rockwell Administration Center.

In the last two weeks, the board has interviewed four candidates.

They include Keith Hall, USD 489 interim director of finance and support services; Jamie Wetig, Ashland superintendent; Michael Gower, Phillipsburg and Logan superintendent; and Ron Wilson, Herington superintendent.

Current Hays Superintendent John Thissen resigned in October, citing personal reasons. He will serve the remainder of his contract, which ends June 30.

Oak Park Medical Complex

The board will see plans Monday for renovations for the Oak Park Medical Complex.

The board purchased the property, which it plans to use to house the Early Child Connections program. The program is now housed in the former Washington school, which the district will close and has sold.

The Washington building was purchased by a developer to be renovated into low-income housing.

The school board purchased the Oak Park Complex for $2 million. It received a $1.47 million federal grant to renovate the facility. HaysMed, which was the primary owner of the complex, also donated $500,000 toward the renovation project.

The federal grant money must be used by June 30. The school district hopes to have the renovated space open for fall classes.

Driver’s education fees

The board is set to vote on a change in driver’s education fees. The program is doing well and has a significant reserve. The recommendation is to reduce the fees by $25 to $225 for district students and $275 for non-district students. Administration has recommended to keep summer school fees the same as they were last year.

In other business:

• The board is set to vote on contracts for Shanna Dinkel, assistant superintendent, and Chris Hipp, director of special education, for the 2019-20 school year.

• Thissen will share the district-wide KESA educator, student and parent survey results with the board.

• Keith Hall, interim director of finance, will share the five-year Capital Outlay Resolution with the board.

• The board will consider the approval of negotiating agents for the 2019- 20 school year contract.

Man injured in fall from 3rd-floor window during Kan. hotel fire

SEDGWICK COUNTY — One person was injured after a fire at a Kansas hotel.

Fire crews on the scene of Sunday’s hotel fire –photo courtesy KWCH

On Sunday, fire crews responded to the Best Western Hotel in the 4700 Block of South Emporia in Wichita, according to Lt. Jose Ocadiz.

First crews at the scene found and a man hanging from a third-story hotel window and smoke coming from the room.

Crews and the hotel sprinkler system were able to contain the fire to the room of origin.
The man was transported for treatment of injuries primarily due to the fall, according to Ocadiz.

The cause remains under investigation but is believed to have been intentionally set due to some tampering with the sprinkler system, according to Ocadiz.

Most of the $100,000 in damage at the hotel was from the sprinkler system. Damage to contents was estimated at $25,000.   Authorities have not released the man’s name.

Ellis Snowball Royalty class winners announced

Ellis High School had its annual KAY Snowball Dance on Saturday.

The Snowball Royalty class winners are as follows:

Freshman Queen, Lakyn Fischer, daughter of DJ and Julie Fischer; Sophomore Queen, Grace Eck, daughter of Mark and Sarah Eck; Junior Queen, Breonna North, daughter of Travis and Ava North; Senior Queen, Cameryn Kinderknecht, daughter of Tim and Rhonda Kinderknecht; Junior King, John Gamez, son of Domingo and Martha Gamez; Sophomore King, Brady Frickey, son of Brad and Stacy Frickey; and Freshman King, Tyson Jimenez, son of Javi and Jessica Jimenez.

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