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Kansas lawmaker says he won’t resign over allegations

TOPEKA, Kan. (AP) — Kansas Republicans want a new GOP state lawmaker to resign and end his election campaign to keep his seat over allegations in a television report that he emotionally abused two boys.

Rep. Capps

State Rep. Michael Capps, of Wichita said he did nothing wrong and is not resigning.

The Kansas Republican Party on Friday severed its ties with Capps and said it does not support his election. House Speaker Ron Ryckman Jr. called on Capps to resign and said it would be “inappropriate” for him to serve.

Local Republicans appointed Capps to fill a vacancy in July.

He told KAKE-TV that a Department for Children and Families finding of emotional abuse of two boys in foster care was overturned after he appealed it.

He did not return telephone messages seeking comment.

Court sides with Ellis County in Blue Sky Acres suit

In Ellis County District Court, a judge ruled for the Ellis County Commission in the ongoing dispute over Blue Sky Acres.

Judge Bruce Gatterman sided in favor of the Ellis County Commissioners and Commissioner Marcy McClelland over the county’s failure to approve the final plat for a proposed subdivision.

Mary Alice Unrein, who had proposed the subdivision, initiated the legal action after the Ellis County Commission failed to approve the plat. Commissioner Dean Haselhorst voted in favor of the plat, McClelland against. Because Commissioner Barb Wasinger was forced to abstain due to a potential conflict, the motion failed.

“It is not the function of this Court to decide if McClelland was right or wrong,” the judge wrote in his ruling. “In determining whether her decision, and ultimately the decision of the Board, were reasonable, the Court finds that the decision was clearly within the scope of authority of the Defendants as conferred by ordinance; the decision was supported by relevant and substantial evidence; and the decision was not as a matter of law unreasonable or without foundation in fact.”

Click HERE to see the decision and check Hays Post for more as the story develops.

Edwin Weber

Edwin Weber, age 91, of Hays, KS, passed away on Friday, August 31, 2018 at the Hays Medical Center. He was born September 17, 1926 in Modock, KS to Frank A. and Anna C. (Hertel) Weber.

Funeral services will be at 10:00 A.M. on Tuesday, September 4, 2018 at St. Nicholas of Myra Catholic Church, 2901 E. 13th Street, Hays. Burial will follow in St. Joseph’s Cemetery in Hays.

Visitation will be held on Monday, September 3 from 4:00 P.M. – 7:00 P.M. at Brock’s-Keithley Funeral Chapel & Crematory, 2509 Vine St., Hays, KS 67601 and on Tuesday from 9:00 A.M. until service time at the church.

A combined rosary and parish vigil service will be Monday at 6:30 PM at the funeral chapel.

To share a memory or to leave condolences for Edwin may be sent by guest book at www.keithleyfuneralchapels.com or by email at [email protected].

A complete obituary is pending with Brock’s-Keithley Funeral Chapel & Crematory, 2509 Vine St., Hays, KS 67601.

Police identify Kan. man in wheelchair struck, killed by pickup

SHAWNEE COUNTY — One person died in an accident just after 8:30p.m. Thursday in Shawnee County,

The Accident Reconstruction Unit working the scene Thursday night -photo courtesy WIBW TV

A pickup driven by Tracy Marquette, 54, Topeka westbound in the 2600 Block of SE 6th Street in Topeka and struck Jon W. Hybskmann, 69,  Topeka, who was in a wheel chair, according to Lt. Manuel Munoz.

Hybskmann was transported to a local hospital where he died.

 Marquette was taken to the Law Enforcement Center for questioning. 

Photo courtesy WIBW TV

The Accident Reconstruction Unit and detectives worked at the scene and had the road back open by midnight. 

Police had not made an arrest or issued a citation late Friday afternoon, according police spokesperson Gretchen Koenen

Anyone with information regarding this is encouraged to contact the Topeka Police.

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SHAWNEE COUNTY — One person died in an accident just after 8:30p.m. Thursday in Shawnee County,

A pickup was westbound in the 2600 Block of SE 6th Street in Topeka and struck a man in a wheel chair, according to Lt. Manuel Munoz. The victim was transported to a local hospital where he died.

The man who drove the truck was taken to the Law Enforcement Center for questioning. 

The Accident Reconstruction Unit and detectives worked at the scene and had the road back open by midnight. 

Police have not released the victim’s name.

Anyone with information regarding this is encouraged to contact the Topeka Police.

Former state hospital resident sentenced for battery of Kan. mental health employee

PAWNEE COUNTY —A longtime Larned State Hospital resident, Irene M. Marshall, 65, entered a plea to one count of battery of a mental health employee in exchange for the dismissal of additional battery charges, according to a media release from the Pawnee County Attorney.

Marshall -photo KDOC

Marshall had been scheduled for separate jury trials on September 4-5 and September 12-13.

The charge to which she plead occurred in 2014 when she was a patient at Larned State Hospital. The cases had been delayed several times due to competency concerns and evaluations associated with her defense of mental disease or defect.

Before accepting the plea, Pawnee County District Judge Bruce Gatterman questioned Marshall about her understanding of the charges and her legal rights. The defendant acknowledged to the Court she wished to enter to the plea to avoid the potential of a longer sentence.

Marshall has been in the custody of the Topeka Correctional Facility since July 8, 2018, as a result of a 2013 criminal threat.

Following the plea, defense counsel requested a waiver of the standard pre-sentence investigation and to proceed directly to sentencing. The State had no objection and stipulated to the defendant’s known criminal history. Judge Gatterman accepted the waiver and sentenced the defendant to 29 months with the Department of Corrections to be served consecutive to her criminal threat sentence.

Kansas Archdiocese hires law firm to study abuse allegations

KANSAS CITY, Kan. (AP) — The Archdiocese of Kansas City in Kansas has hired a law firm to review allegations of sexual abuse and misconduct against priests in the diocese.

Archbishop Joseph Naumann wrote in a column published Friday in the archdiocese’s newspaper, The Leaven, that the firm was hired to ensure church officials have an accurate historical knowledge of how the archdiocese has responded to allegations of misconduct. He did not name the firm, which he said will review priest personnel files going back to 1950.

Read the entire column HERE.

Attorney Rebecca Randles, who has represented several people alleging abuse by priests, said Naumann’s action wasn’t enough. She says it doesn’t meet her recent call for investigation and transparency because the law firm ultimately represents the archdiocese’s interest.

Royals trade Butera to Rockies for minor-league lefty

Drew Butera scores in a Royals home game against Washington in 2016. (Courtesy Kansas City Royals/Chris Vleisides)

Royals.com

The Kansas City Royals announced Friday they have traded catcher Drew Butera to the Colorado Rockies for minor league left-handed pitcher Jerry Vasto. Vasto has been subsequently optioned to Omaha (AAA). The Royals have also recalled catcher Cam Gallagher from Omaha and reinstated outfielder Brian Goodwin from the disabled list.

Vasto, 26, pitched the majority of the year with Colorado’s Triple-A affiliate, Albuquerque, going 2-1 with a 3.16 ERA (13 ER in 37.0 IP) in 37 relief appearances. He held the opposition to a .232 average (32-for-138), which included holding righties to a .209 average (18-for-86). The lefty posted a 1.52 ERA (4 ER in 23.2 IP) through his first 23 appearances of the season. He made his big league debut on June 10, pitching 2/3 inning vs. Arizona. He has been named a minor league All-Star twice (2015, 2016) and was originally selected by the Rockies in the 24th round of the 2014 First-Year Player Draft.

Butera joined the Royals in 2016 and is a career .201 hitter during his nine years in the big leagues.

Lakes in Rawlins, Rooks counties remain under algae warnings

TOPEKA – The Kansas Department of Health and Environment, in conjunction with the Kansas Department of Wildlife, Parks and Tourism, has issued public health warnings for some Kansas lakes for the upcoming weekend and week.

If a lake is under a public health warning for blue-green algae, activities such as boating and fishing may be safe. However, direct contact with water (i.e., wading, skiing and swimming) is strongly discouraged for people, pets and livestock. The lakes currently under a public health advisory:

· Warning: Atchison Co. Park Lake, Atchison County
· Warning: Atwood Township Lake, Rawlins County
· Warning: Carbondale West Lake, Osage County
· Warning: Central Park Lake (Pond), Shawnee County
· Warning: Frazier Lake, Grant County
· Warning: Lake Afton, Sedgwick County
· Warning: Lake Scott State Park, Scott County
· Warning: Lake Wabaunsee, Wabaunsee County
· Warning: Lakewood Park Lake, Saline County
· Warning: Marais Des Cygnes Wildlife Area, Linn County
· Warning: Melvern Outlet Pond, Osage County
· Warning: Melvern Outlet Swim Pond, Osage County Closure – Visitors can utilize Coeur d’ Alene Park Swim Beach which sets on the main body of the lake, located west of the U.S. Army Corps. Of Engineers Project Office.
· Warning: Overbrook City Lake, Osage County
· Warning: South Lake Park, Johnson County
· Warning: Webster Lake, Rooks County – Beach is closed. Webster State Park remains open. Drinking water and bath house facilities are not affected by the algae bloom.

· Watch: Cottonwood River, south of Emporia
· Watch: Hodgeman County SFL, Hodgeman County
· Watch: Mary’s Lake, Douglas County
· Watch: Melvern Lake, Osage County
· Watch: Pomona Lake, Osage County – Beach is closed.
· Watch: Rock Garden Pond, Gage Park, Shawnee County

For information on blue-green algae and reporting potential harmful algal blooms, please visit www.kdheks.gov/algae-illness/index.htm.

Suspect arrested after hour-long, 70 mile Kansas chase

RENO COUNTY — Law enforcement authorities are investigating a suspect on theft and drug charges after a high-speed chase.

Smith-photo Reno County

Just before 10:30a.m. Thursday, a Reno County deputy checking the tag and registration of a vehicle on Kansas-61 Highway discovered that the tag had been reported stolen earlier in the week by a Reno County resident, according to a media release.

The deputy attempted to stop the vehicle, but the driver fled at a high rate of speed. The chase continued down several dirt and black-top county roads. At one point, the vehicle stopped for a brief moment and let out a female passenger.

The chase lasted just under one hour, spanned over 70 miles and ended approximately five miles north of Sylvia when the vehicle stopped and the driver identified as James Monroe Smith, 30, Salem, Arkansas, fled on foot. Deputies chased and made an arrest.

Potential charges against Smith include drug possession, possession of stolen property, criminal use of a weapon and several traffic violations to include an attempt to flee and elude. He has a bond in Reno County of $13,250, according to the release.

Smith is also being held on charges out of Fulton County, Arkansas including an attempt to flee and elude and aggravated assault of a law enforcement officer. His bond on those charges is $100,000. He also has a parole hold from the Arkansas Department of Corrections, which has no bond on it.

The pickup he was driving was reported stolen from the city of West Plains, Missouri. Additional holds or charges could be coming.

Dorothy Borneman

Dorothy Borneman passed away on Thursday, August 16, 2018 at her home in Gooding.

She was born in Hayward, California on July 14, 1926. Dorothy graduated from Hayward High in 1944 and UC Davis in 1949. She moved to Quincy, California after graduation to teach high school Home Economics and PE. Dorothy wanted to learn how to ski and was set up with Frank Borneman, Quincy’s most eligible bachelor, in January 1950. They were married on August 6, 1950 at her parent’s home in Pleasanton, California.

She was an extension home economist for Plumas and Sierra Counties which she was always and forever heavily involved in the county fair. She spent most of her adult life as a homemaker, wife, 4-H leader and thoroughly enjoyed all her many club associations and activities. After moving to Gooding, Idaho in August 1972, Dorothy discovered farm auctions as a hobby. She was also interested in history, art, antiques, genealogy, gardening, flower arranging, wildflowers, and being outdoors, especially in her beloved iris patch. Dorothy lived every day to the fullest. She never stopped moving, learning, and striving to improve.

She was preceded in death by her parents, brother, and husband of 52 years.

She leaves behind, her son Bill and daughter-in-law Donna(Huber) Edson, Kansas and daughter Kathy Spooner of Moss Bluff, Louisiana. She is also survived by four grandchildren, Sarah Borneman, Hays, KS; Robert Borneman, Edson, KS; Dawn Spooner, New Orleans, Louisiana and Austin Spooner of Moss Bluff, Louisiana.

A Celebration of Life for Dorothy will be held Saturday, September 1, 2018 at 12:00 noon at the Basque Center in Gooding, Idaho. The family has chosen to do a potluck lunch, so if you would like to bring a dish it would be greatly appreciated. The family also welcomes everyone to bring a story or memory of Dorothy to share during the celebration. Her smile, dimples and sparkly blue eyes will be missed.

Court upholds $907K malpractice verdict against Kan. doctor

WICHITA, Kan. (AP) — The Kansas Supreme Court has upheld a $907,000 medical malpractice verdict against a Wichita doctor.

The Supreme Court says in a news release that it’s affirming a Sedgwick County jury’s 2013 judgment against physician Brian DeBrot.

The verdict resulted from a 2009 lawsuit by the family of 74-year-old Barbara Mae Castleberry, of Wichita. Her family contended that DeBrot, her primary doctor, wrongly diagnosed her condition during two visits in December 2007.

DeBrot decided that Castleberry’s symptoms were related to carpal tunnel syndrome, a common condition that involves numbness, pain or tingling in the arm or hand. But Castleberry suffered a stroke the day after her last appointment and died about a year later after she fell.

A lawyer for DeBrot couldn’t be reached for comment.

Delva ‘Jean’ Runnion

Glade, KS resident Delva “Jean” Runnion passed away at her home on Thursday, Aug. 30, 2018.

She was born in Densmore, KS on March 17, 1938, the daughter of Ivory & Ida (Griffin) Damewood. Jean was the Manager at Love’s Country Store in Phillipsburg for 25 years.

Her husbands, Floyd Dawn, Jr. and Niles Runnion, son, Mark Runnion, and great-granddaughter, Elle Runnion, preceded her in death.

Survivors include her son, Mike, of Glade, KS; two sisters, LoraBell Sanders and Delsia Grover, both of Stockton, KS; two grandchildren and four great-grandchildren.

A graveside service will be held Tuesday, Sept. 4, at 10:00 a.m. in the Marvin Cemetery, Glade, KS, with Pastor Blake Stanwood officiating.

Friends may sign the book on Monday, Sept. 3, from 5:00 – 9:00 p.m. at the Olliff-Boeve Memorial Chapel in Phillipsburg. The casket will remain closed.

Memorial contributions may be given to the Marvin Cemetery. Online condolences to: www.olliffboeve.com.

Olliff-Boeve Memorial Chapel, Phillipsburg, is in charge of the arrangements.

UPDATE: Parents arrested for 2-month-old’s death were drunk

SEDGWICK COUNTY —Law enforcement authorities are investigating the suspicious death of a 2-month-old and have made two arrests.

Rollings- photo Sedgwick County
Kempton-photo Sedgwick County

According to the Sedgwick County booking report police arrested 34-year-old Kyle Lloyd Kempton and 39-year-old Christy Rollings in connection with the death of their son. 

Kempton has been booked into jail on charges of involuntary manslaughter and aggravated child endangerment.  Rollings was booked into jail on two counts of aggravated child endangerment.

At approximately 6 a.m. Thursday, police responded to a call of a child not breathing at a motel in the 5900 block of west Kellogg in Wichita, according to Davidson.

Upon arrival, the boy was found unresponsive, and he was pronounced dead on scene.  The boy’s twin brother was also on scene, unharmed. The investigation revealed the parents had become intoxicated overnight.  This morning the father woke up next to the boy, found him not breathing and called 9-1-1. 

 On Tuesday, at approximately 4:45 p.m., police responded to a call at the same motel concerning the welfare of the twins. The parents were intoxicated at the time and the children were placed with a responsible family member.  

An autopsy is scheduled to determine the cause of death. 

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SEDGWICK COUNTY — Law enforcement authorities are investigating the death of a 2-month-old boy.

Just after 6 a.m. Thursday, police responded to a call of a child not breathing at a motel in the 5900 block of west Kellogg in Wichita, according to officer Charley Davidson.

 Upon arrival, the boy was found unresponsive, and he was pronounced dead on scene.  The boy’s twin brother was also on scene, unharmed.

An investigation has revealed the two children, their 34-year-old father and 39-year-old mother were living at the motel.  The father found the boy not breathing and called 911, according to Davidson.

The cause of death is unknown.  An autopsy will be conducted to determine the cause of death. 

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