By JONATHAN ZWEYGARDT
Hays Post
A Hays man pled guilty to three counts of lewd fondling of a child at a court hearing Monday in Ellis County District Court.
Edward Muarry Bussen, 61, Hays, pled guilty to lewd fondling or touching of a child under the age of 11 (a level 3 person felony) and two counts each of aggravated indecent liberties with a child – lewd, fondling or touching, under the age of 14 (a level 4 person felony).
Under the plea agreement, Bussen agreed to serve a total of 152 months, or 12 years and eight months, in prison.
According to court documents, in December 2016 Bussen allegedly committed the acts on two children under the age of 14.
He was arrested Jan. 5 on suspicion of aggravated indecent liberties with a child.
Ellis County Attorney Tom Drees, who prosecuted the case, said Bussen was originally charged with an “off grid” felony due to the age of one of the victims and faced 25 years in prison.
Drees said, under the plea, the state charged Bussen with two level 4 person felonies – aggravated indecent liberties with a child – in which he agreed to serve 45 and 41 months in prison. He agreed to serve 66 months on the level 3 person felony – to lewd fondling or touching of a child under the age of 11.
Bussen entered an Alford plea on all three charges, which means that the defendant enters a plea of guilty without making an admission of guilt. It also means the defendant acknowledges that the charges do not exactly fit what happened, but it allows the court to impose the agreed-upon sentence of 152 months of jail time.
Drees said the state cannot prove the age of one of the two victims.
Bussen was originally charged with just two counts of aggravated indecent liberties with a child with a maximum sentence of 66 months.
Under the “Double” rule in Kansas law, when consecutive sentences are imposed, the total prison sentence cannot exceed twice the base sentence — meaning the most Bussen could have been sentenced to was 122 months, 30 months shy of the agreed upon jail time.
Drees also said the family of the victims were aware of the deal and agreed to it so the children would not have to go through a trial and be required to testify.
Bussen waived his right to a preliminary hearing before entering the guilty plea Monday. A temporary sentencing date of May 8 has been scheduled in Ellis County District Court.