GALENA, Kan. (AP) — No criminal charges will be filed against the driver who struck and killed two German cyclists on May 8, in Kansas while they rode on the historic Route 66 during a cross-country trip.
A Ghost Bike was placed on Route 66 in tribute to the riders who died-photo courtesy Members of the Kansas Historic Route 66 Association
Cherokee County Attorney Jacob Conard wrote in a letter released Monday that there’s no evidence the 23-year-old driver from Shawnee, Kansas, was under the influence of drugs or alcohol or operating her minivan in a “reckless or dangerous manner” before she struck the two from behind in May.
Seventy-four-year-old Harry Jung and 71-year-old Heinz Gerd Buchel died at the scene, just north of the Oklahoma state line.
But Conrad noted that the burden of proof is lower in civil proceedings, and urged the Kansas Highway Patrol to retain reports in case the families sue.
SALINE COUNTY — One person died in an accident just after 2p.m. Tuesday in Saline County.
The Kansas Highway Patrol reported a 2011 Hyundai Sonata driven by Michelle R. LaPierre, 29, Salina, was eastbound on Crawford just east of Holmes Road in the westbound lane.
The driver made an evasive maneuver steering the vehicle to the south. It left the roadway, struck a culvert and overturned.
LaPierre was pronounced dead at the scene and transported to Carlson-Geisendorf Funeral Home. She was not wearing a seat belt, according to the KHP.
LAWRENCE, Kan. (AP) — A Kansas man who is fighting deportation to his native Bangladesh will be able to present his case to an immigration judge.
Syed Jamal prior to his release from the Platte County Jail in March photo SHARMA-CRAWFORD ATTORNEYS AT LAW
Attorneys for Syed Jamal, of Lawrence, announced Tuesday that the Board of Immigration Appeals ruled last week that he should be allowed to present his case to a judge in Kansas City, Missouri.
Jamal and his supporters have been fighting his deportation since Immigration and Customs Enforcement agents arrested him in January in front of his family’s home in Lawrence. He was on a plane back to Bangladesh when attorneys secured a court order to remove him from the plane in Hawaii and bring him back to the U.S.
His attorneys say the decision means Jamal is able to seek any relief available under the law.
No date for the hearing was announced.
Jamal, a Bihari ethnic minority, arrived legally in the U.S. in 1987 to attend the University of Kansas but overstayed his visa while pursuing a doctorate. He has taught chemistry at area colleges and did research at hospitals. For the past five years, the Department of Homeland Security allowed Jamal to remain in the U.S. on orders of supervision, meaning he had to report on a regular basis to ICE offices, where he was issued temporary work authorization cards.
As recently as January, his work card enabled Jamal to secure a teaching position at Park University in Parkville, Missouri. He also has been an adjunct instructor at Rockhurst University and Kansas City Kansas Community College. He was on parental advisory boards at his children’s schools and last year made an unsuccessful run for a seat on the Lawrence school board.
TOPEKA – The Kansas Department of Health and Environment has issued a boil water advisory for the City of Norton.
Customers should observe the following precautions until further notice:
• Boil water for one minute prior to drinking or food preparation or use bottled water.
• Dispose of ice cubes and do not use ice from a household automatic icemaker.
• Disinfect dishes and other food contact surfaces by immersion for at least one minute in clean tap water that contains one teaspoon of unscented household bleach per gallon of water.
• Water used for bathing does not generally need to be boiled. Supervision of children is necessary while bathing so that water is not ingested. Persons with cuts or severe rashes may wish to consult their physicians.
• If your tap water appears dirty, flush the water lines by letting the water run until it clears.
The advisory took effect on Aug. 14 and will remain in effect until the conditions that placed the system at risk of bacterial contamination are resolved. KDHE officials issued the advisory because of a line break resulting in a loss of pressure in the system. Failure to maintain adequate pressure may result in a loss of chlorine residuals and bacterial contamination.
Regardless of whether the public water supplier or KDHE announced a boil water advisory, only KDHE can issue the rescind order following testing at a certified laboratory.
Restaurants and other food establishments that have questions about the impact of the boil water advisory on their business can contact the Kansas Department of Agriculture’s food safety & lodging program at [email protected]or call 785-564-6767.
WICHITA, KAN. – A Kansas pharmacist was indicted today on charges of unlawfully dispensing prescription opioids, according to U.S. Attorney Stephen McAllister.
Ebube Otuonye, 45, Bel Aire, Kan., pharmacist and owner of Neighborhood Pharmacy at 2251 E. 21st North in Wichita, Kan., is charged with one count of conspiracy unlawfully to dispense prescription drugs, one count of unlawfully dispensing prescription drugs, and two counts of health care fraud.
The indictment alleges Otuonye unlawfully distributed 21,681 tablets of Oxycodone, 48,683 tablets of Methadone, 18,049 tablets of Hydromorphone and 7,890 tablets of Alprazolam. The prescriptions, written by Wichita physician Steven R. Henson, were issued outside the usual course of professional medical practice and without a legitimate medical purpose, the indictment alleges. Henson is set for trial Oct. 2 on charges of unlawfully prescribing prescription drugs.
Today’s indictment alleges Otuonye filled large numbers of prescriptions in return for cash payments. He filled prescriptions for multiple patients presenting at one time or back-to-back and patients from the same family with identical prescriptions. The large quantities should have put him on notice as a pharmacist of the potential danger to customers of abuse or overdose. The indictment alleges Otuonye filled prescriptions that one of his fellow pharmacists refused to fill. It also alleges Otuonye posted a sign at the pharmacy telling customers that they had to have three non-narcotic prescriptions filled in order to have their narcotic prescriptions filled.
The indictment alleges Otuonye defrauded Medicare and Medicaid by submitting claims for illegally filling prescriptions.
The indictment seeks to forfeit more than $122,000 in proceeds from the crimes, as well as Utuonye’s retail pharmacy license and his DEA registration number.
If convicted, Otuonye faces penalties of up to 20 years in federal prison and fines up to $1 million on the drug charges and up to 10 years and a fine up to $250,000 on the health care fraud charges.
INDIANAPOLIS (AP) – An Indiana woman whose husband and three children died when a duck boat sank last month in Missouri says she hopes to save lives by backing an effort to ban the amphibious tourist boats.
Tia Coleman far left lost nine members her Indiana family when the boat sank -Photo courtesy GoFundMe
Tia Coleman spoke through tears during a Tuesday news conference at her Indianapolis home, saying that the house no longer felt like a home without her family.
Seventeen people died when the boat sank during a July 19 storm near Branson, Missouri, including 40-year-old Glenn Coleman, 9-year-old Reece, 7-year-old Evan and 1-year-old Arya. Five other Coleman relatives also died.
Photo courtesy NTSB
Tia Coleman urged people to sign an online petition calling on federal officials to ban the boats.
Two lawsuits have been filed on behalf of other Coleman relatives against the boat’s owners and operators.
FORD COUNTY — The National Weather Service issued a flood warning for portions of southwest Kansas late Monday and many roads are flooded.
“Not something you see every day in Ford County,” according to Fire Chief Rob Boyd- photo courtesy Ford Co. Fire and EMS
Two people had to abandon a vehicle on Saddle Road in southwest Ford County Tuesday, according to Fire Chief Rob Boyd.
The driver and a passenger were not from Ford County and did not require transport for treatment, according to Boyd.
That area of Ford County received from 5-7 inches of rain. As the water recedes, officials hope to pull the vehicle from the water late Tuesday, according to Boyd.
Mechanics in the Ellis County Public Works Department will be getting a boost in pay for the next year after the Ellis County Commission voted to approve premium pay in an effort to maintain employees and recruit new ones.
Earlier this month, the commission approved an amendment to the county’s pay plan policy that creates premium pay for positions that are considered high-demand.
For a position to be classified as high-demand, it has to have had higher than average turnover for the past three years and the average time that the position has been vacant must be more than 10 percent longer than the average time to recruit for other positions over the past year.
According to the County Administrator Phillip Smith-Hanes, the mechanic position has seen a more than 20 percent turnover rate over the past three years and one position has been vacant for a year.
By defining the mechanic position as high-demand, it will increase the rate of pay for the two mechanics already on staff by 10 percent and also increase starting salary by 10 percent for any new hire.
In other business, the commission approved the purchase of a new fire truck for Ellis County Fire Department Company 6 in Ellis.
The new 2019 rescue truck will replace a 1978 International truck that, according to Director of Fire and Emergency Management Darin Myers, has been experiencing mechanical issues.
The new truck will come from Hays Fire and Rescue for $113,049.
Myers said the purchase is part of the 25-year capital replacement plan for the fire district and was a budgeted expense.
The commission also approved two conditional-use permits on a pair of 2-1 votes.
The first was for a bed and breakfast located at 273B Munjor Road, south of Ellis. The second was for a Midwest Energy substation at 2303 Mount Pleasant Road south of Hays.
Commissioner Barb Wasinger, joining the meeting by phone, voted against both permits citing issues with septic system concerns.
Wasinger said, “We have no policy in place for septic systems within Ellis County despite repeated requests from myself to Commissioner (Marcy) McClelland asking, ‘What we’re going to do if we won’t allow septic systems?’ ”
The issue stems from the ongoing lawsuit regarding the commission, McClelland and the owner of the proposed Blue Sky Acres residential subdivision south of Hays.
McClelland voted against the final plat of Blue Sky Acres due to concerns over possible water contamination from septic systems.
Wasinger, who has recused herself from the Blue Sky Acres discussion, said Monday, “we are in a state of limbo.”
Commissioner Dean Haselhorst pointed out that in the case of these two permits septic systems is not an issue.
The bed and breakfast will be on a more than 100-acre family farm and there won’t be any development that could be affected, while the substation does not have a septic system.
The commission also approved a revised employee recognition policy.
The counting of provisional votes across Kansas this week will likely determine the Republican nominee for governor. FILE PHOTO / KANSAS NEWS SERVICE
WICHITA, Kan. (AP) — Kansas Secretary of State Kris Kobach slightly widened his lead Tuesday over Gov. Jeff Colyer in the tight Republican race for governor after the state’s second largest county released its count of provisional ballots.
The counting began Monday in the contentious Aug. 7 Republican primary. The work is expected to stretch out over the week — and still might not settle the race.
According to the new Sedgwick County tally, Kobach now leads the sitting governor by just 298 votes out of more than 314,000 cast. However, the count out of the state’s largest county, Johnson County, isn’t expected to be released until after its board meets late Tuesday afternoon.
Kobach had a 206-vote lead on Monday, when the state’s 105 counties began reviewing nearly 9,000 provisional ballots to determine how many of them were cast in the Republican primary and how many will be counted. They have until next Monday, Aug. 20, to finish that process and certify the local results.
More than two-thirds of the state’s counties reviewed provisional ballots on the first day of counting this week. Such ballots are given at the polls to voters when their eligibility is in question.
Fourteen smaller counties began canvassing Tuesday. Two others will begin Wednesday, and six counties will start Thursday, including Shawnee and Wyandotte counties. Rooks County in northwest Kansas has scheduled its canvassing for Friday, and six counties have set it for Aug. 20.
If either candidate wants a recount, he must request one by Friday evening, under a Kansas law specific to statewide races. State law has no provision for an automatic recount, no matter how close the race.
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WICHITA, Kan. (AP) — Kansas county election officials were set to continue reviewing some 9,000 provisional ballots Tuesday as the two candidates in the state’s tight GOP primary for governor appeared to dig in for a long battle.
Board of Canvassers approves recommendation to not count the 898 ballots as described. pic.twitter.com/mRE5RppwwH
— Johnson County Election Office (@jocoelection) August 13, 2018
On Monday, more than two-thirds of the state’s counties reviewed provisional ballots, which are given at the polls to voters when their eligibility is in question.
How to handle such ballots emerged on the first day of canvassing as the most contentious issue in the razor-thin race for the Republican nomination for governor.
Secretary of State Kris Kobach led Gov. Jeff Colyer by about 200 votes when the vote counting stopped for the day Monday, with 43 counties left to report results in the coming days. Fourteen counties were to begin canvassing Tuesday.
The Vote Canvass for the Primary Election, held on August 7, 2018, is taking place right now. pic.twitter.com/m5nLBAG6NO
WICHITA, Kan. (AP) — Kansas election officials began reviewing some 9,000 provisional ballots Monday as the two candidates in the state’s tight GOP primary for governor appeared to dig in for a long and potentially nasty legal fight that could take weeks to play out.
Secretary of State Kris Kobach, a take-no-prisoners conservative, led the state’s low-key Gov. Jeff Colyer by a mere 206 votes out of more than 314,000 cast after the first day of counting provisional ballots. But 43 counties — including the state’s two most populous ones — are still left to report final results from the Aug. 7 election.
The canvass began early Monday in suburban Kansas City’s Johnson County, the state’s most populous county, where a board was set to review 1,800 provisional ballots — ones given at the polls to voters when their eligibility is in question. Seventy-six counties were to start canvassing Monday. Some will meet later this week and next.
It was unclear how many of the provisional ballots were from the GOP race. Based on past elections, Kobach said, it’s likely that about two-thirds of them were cast in the Republican primary.
The disputed race seemed certain to intensify, with the candidates challenging each other’s legal interpretations, sending observers to monitor the vote count and raising the idea of lawsuits.
A new fight was brewing on how to count unaffiliated voters who were simply given a provisional ballot by poll workers without first having them fill out a party-affiliation statement. It was unclear how many ballots fell into that category.
A legal opinion issued Monday by the governor’s top attorney took issue with the guidance from the person Kobach appointed to oversee vote counters after he recused himself.
Assistant Secretary of State Eric Rucker told county election officials Sunday that if an unaffiliated voter did not first complete a declaration of party affiliation, that voter was not entitled to cast a ballot. The opinion from the governor’s office said provisional ballots cast by unaffiliated voters in a primary should be construed as evidence of voter intent and must be counted.
Johnson County officials said Monday they did not count provisional ballots in which the voter did not complete the party affiliation declaration. Sedgwick County, the next largest county, said it counted ballots from unaffiliated voters who had mistakenly been given provisional ballots by the poll worker.
The counties have until Aug. 20 to finish the review of ballots.
“We’re following the same procedure that we always do. It just seems to be a bit more intense, the stakes seem to be a bit higher,” said Johnson County Election Commissioner Ronnie Metsker. “But we have sought to make that have no effect on anything at all on how we do the process.”
The canvassing board met for about 30 minutes in a small, crowded conference room. Commissioners asked Metsker a few questions about the various categories of votes that were either recommended for approval or disqualified. There was little contention and no arguing.
With such a slim margin separating the candidates, the canvass will be closely watched. Colyer’s campaign on Friday announced plans to have representatives in all 105 counties when provisional ballots are reviewed.
Not all of the provisional ballots will affect the vote totals in the GOP primary. Some were cast in the Democratic primary, and others were cast by unaffiliated voters.
Washburn University of Topeka political scientist Bob Beatty said while Kobach played up President Donald Trump’s endorsement of him in the final days of the campaign to build enthusiasm among Trump voters and other Republicans, Colyer devoted resources to getting supporters of the other candidates and unaffiliated voters to the polls.
“The Colyer campaign had a fairly strong get-out-the-vote organization, and part of that is calling (those who are) unaffiliated and letting them know they can actually vote on Election Day,” Beatty said, adding that it is possible both campaigns believe those unaffiliated voters tilt toward Colyer.
Attorney General Derek Schmidt is already considering the possibility that one of the candidates will file a lawsuit challenging the election results. He sent a letter to county election officials reminding them to preserve “any paper files, notes or electronic data related in any way” to the election.
Colyer’s spokesman, Kendall Marr, said Monday the campaign is waiting to see how the count turns out before deciding whether to sue.
Both campaigns said they planned to continue campaigning as if they won the Republican nomination even as the canvass continues.
“The liberals are hoping for a prolonged legal battle and a fractured Republican Party. They won’t get it,” Kobach’s campaign manager, J.R. Claeys, said in statement.
Colyer has questioned whether Kobach was advising counties not to count some mail-in ballots, including those with missing or unreadable postmarks, even if they arrived by Friday, which Colyer said violates the law. He also said he heard reports that some unaffiliated voters — who by law can declare an affiliation at the polls and vote in a primary — were given provisional ballots instead of the regular ballots they were due.
In a letter Thursday to Kobach, Colyer wrote that circumstances “obviously increase the likelihood that one of the candidates may seek a recount, or even the possibility of litigation.”
Kobach rejected Colyer’s criticisms of the secretary of state’s actions.
“As governor of Kansas, your unrestrained rhetoric has the potential to undermine the public’s confidence in the election process,” Kobach wrote.
Despite holding what is usually a low-profile state post, Kobach gained a national following with his tough stand on immigration and his push for stricter voter ID laws. Polling has shown he has strong name recognition — and high negatives.
On Friday, he stepped aside from his duties as the state’s top elections official until the primary outcome is resolved, but Colyer argued that Kobach still has a conflict of interest because Rucker, his top deputy, is taking over Kobach’s responsibilities.
The secretary of state’s role in the actual counting of ballots is limited. His office provides guidance, compiles statewide vote tallies and provides general supervision.
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Associated Press writers Margaret Stafford in Kansas City, Missouri, and Summer Ballentine in Jefferson City, Missouri, contributed to this report.
Four area teenagers were injured in an accident Sunday when the vehicle they were riding in traveled over a bridge and landed on its top.
According to the accident report from the Ellis County Sheriff’s Department, just after 3:00 p.m. Sunday 19 year-old Tanner McDermott of Downs was driving a 2002 Ford Explorer westbound on Saline River Rd. when the vehicle entered the north ditch.
The driver then overcorrected causing the vehicle to travel into the south ditch and then it traveled back-and-fourth between the two ditches one more time before driving onto a bridge. The driver again overcorrected causing the vehicle to leave the bridge and the vehicle landed on its roof.
The driver McDermott and three passengers; 15 year-old Lillian Eilers, 16 year-old Andrew Fisher and 17 year-old Charles Eichman , all from Plainville were transported to Hays Medical Center with possible injuries.
According to the report everyone but Eilers was wearing their seat belt.
WICHITA — A Thomas County woman has been named one of the state’s 19 recipients of the Kansas Health Foundation Civic Health Heroes award.
According to the Kansas Health Foundation, Bev Vaughn has been a blood drive coordinator for almost 10 years. Pink Lady volunteer for nine years. Vaughn also volunteers at church and other times of need in the community.
The annual Kansas Health Foundation Civic Health Heroes awards are part of ongoing efforts by the KHF to recognize individuals who make a difference in the lives of those around them.
“The spirit of community is best exemplified by lending a helping hand, going the extra mile or taking on the roles no one else wants or thinks to do,” said Steve Coen, KHF president and CEO. “It’s a pleasure to honor and recognize this year’s Civic Health Heroes. Each and every one of them demonstrates a commitment and character that needs to be celebrated.”
Here are the 19 recipients of the 2018 KHF Civic Health Hero awards, as well as their home county:
Brenda Amaro, Sedgwick County
Claudia Amaro, Sedgwick County
Tracia Banuelos, Sedgwick County
Joan Boswell, Kingman County
Brittany Crabtree, Shawnee County
Jessica Gerlach, Sumner County
Roger Haug, Nemaha County
Joni Hiatt, Johnson County
Rosina Houle, Douglas County
Dr. Nizar Kibar, Sedgwick County
Jenifer McDonald, Crawford County
Brittany Moore, Shawnee County
Judy Nehar, Shawnee County
Heather Wright Renick, Finney/Gray counties
Susan Schultz, Cherokee County
Matthew Shepherd, Lyon/Chase counties
Jeanette Siemens, Pratt County
Luisa Taylor, Sedgwick County
Bev Vaughn, Thomas County
Nominations for the Civic Health Heroes program are accepted each year during National Volunteer Week, which this year was April 15-21. Final award recipients are then selected based on received nominations.
HUTCHINSON— The Kansas State Fair has a new General Manager.
Jennison during Tuesday’s news conference
At a press conference Tuesday morning Robin Jennison, the current Kansas Department of Wildlife, Parks and Tourism secretary was named to replace Susan Sankey.
She resigned in January to work for the Kansas 4-H Foundation.
Jennison said he is as excited about this opportunity as any he has ever had.
“Agriculture has been my life but to leave KDWP&T, we’ve done a lot of change since I came in to the agency. The biggest is we brought tourism over and made a lot of changes in parks. Even if I had been offered the opportunity to stay after this election, I likely would only have wanted to stay for two years. When you’ve gone under as much change as the department, it’s time to get some fresh eyes.”
Jennison takes on the job with the fair as it begins to venture into new territory and a possible major overhaul with the recent passage of the sales tax bill and work on a new master plan for the fairgrounds:
Raised on a ranch near Healy, in western Kansas, Jennison made a failed run for governor in 2006. He left the Legislature after 10 years in 2000. He’s since pursued several jobs.
Jennison has a degree in animal science from Kansas State University.
SEDGWICK COUNTY— Law enforcement authorities are investigating a fatal shooting at a Wichita night club and have a suspect in custody.
The scene of the Monday morning shooting -photo courtesy KAKE
There was an argument in the parking lot of Vixen’s Erotic Sports Bar in the 200 Block of West Harry and a group of three or four men confronted the victim identified as 24-year-old Austen Wright and another person. One person in the group pulled a gun and shot Wright who was pronounced dead at a hospital.
Late Monday morning police arrested 25-year-old Hernan Quezada in connection with the deadly shooting, according to officer Charley Davidson.
Quezada -photo KDOC
Quezada has been booked on suspicion of first-degree murder, according to Sedgwick County Jail records. He has previous convictions for aggravated assault, theft and aggravated battery.
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SEDGWICK COUNTY —Law enforcement authorities are investigating a fatal shooting and looking for a suspect.
Just before 2a.m. Monday, police responded to report of a shooting at Club Vixen in the 200 Block of West Harry in Wichita, according to Lt. Todd Ojile.
At the scene officers found a 24-year-old man in the rear parking lot with multiple gunshot wounds. He was transported to a local hospital where he died.
During an investigation, police learned there was a verbal altercation. A group of 3 or 4 individuals confronted the victim and another person. One person pulled a handgun and shot the victim, according to Ojile.
Anyone with information is asked to call Wichita police. This is the 33rd homicide in Wichita in 2018, according to Ojile.
