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Update: Searchers find body of suspect in Barton Co. chase

BARTON COUNTY — Law enforcement authorities are investigating the circumstances surrounding the chase of a wanted suspect who died on Monday.

Curtice photo Barton County

Just after 11p.m., a Sheriff’s Deputy attempted to stop a 2002 Chevy Avalanche driven by 36-year-old Nicholas Curtice of rural Ellinwood, according to Sheriff Brian Bellendir.  He was wanted on Barton County District Court warrants and had been involved in numerous encounters with law enforcement.

Curtis fled from the intersection of 5th  and Odell in the City of Great Bend. The deputy pursued the suspect through the City of Great Bend and south toward the Arkansas River on Washington Street. The suspect vehicle struck the ravine near the north bank of the river, at which point it was disabled. Curtice exited the vehicle with a firearm and placed it to his head. The deputy ordered Curtis to drop the weapon repeatedly. He then waded into about 4 feet of water and fired a single round. 

Barton County Sheriff’s Deputies, Great Bend Police Officers and members of the Great Bend Fire Department searched for Curtice for several hours after the incident. We were unable to locate him due to the swift current and darkness. The search resumed at about 8 AM this morning. Members of the Great Bend Fire Department “swift water rescue team” located the body. A boat from the Kansas Department of Wildlife and Parks assisted and were able to locate the body at about 10:45 a.m. approximately 1200 feet downstream from a location where he had been involved in a confrontation with law enforcement, according to Bellendir.

Curtice had previous convictions for criminal damage to property, flee or attempt to elude law enforcement, driving while suspended and for drugs, according to the Kansas Department of Corrections.

In April of 2018, Curtice had been jailed after a high-speed chase in Barton County. In April of 2017, Curtice was captured after a high-speed motorcycle chase following an alleged domestic disturbance in Hoisington.

 

BARTON COUNTY — Law enforcement authorities are investigating the circumstances surrounding the chase of a suspect who died on Monday .

Just after 11p.m.,  sheriff’s deputies attempted to stop a vehicle driven by a wanted person that fled south on Washington Street in Great Bend, according to Sheriff Brian Bellendir.

The vehicle crossed over the flood control dike, enter the riverbed, proceeded approximately ½ mile west when it became disabled.

The driver exited the vehicle with a firearm, entered the Arkansas River and shot himself. The suspect disappeared into deep, fast-moving water, according to Bellendir.

As of 9a.m. Tuesday, emergency personnel have not been able to locate the body. The Sheriff’s Office has contacted Kansas Department of Wildlife and Parks, Kansas Highway Patrol and the Great Bend Fire Department swift water rescue team for assistance. 

The sheriff did not release the suspect’s name. 

 

States sue to stop $26.5 billion Sprint-T-Mobile deal

NEW YORK (AP) — A group of state attorneys general led by New York and California filed a federal lawsuit Tuesday to block T-Mobile’s $26.5 billion bid for Sprint, citing consumer harm.

The state attorneys general said the promised benefits, such as better networks in rural areas and faster service overall, cannot be verified, while eliminating a major wireless company will immediately harm consumers by reducing competition and driving up prices for cellphone service.

New York Attorney General Letitia James said in a statement that combining the two companies would reduce access to affordable, reliable wireless service nationwide and would particularly affect lower-income and minority communities in New York and other urban areas.

Other attorneys general joining Tuesday’s lawsuit are from Colorado, Connecticut, the District of Columbia, Maryland, Michigan, Mississippi, Virginia and Wisconsin. All 10 attorneys general are Democrats. The lawsuit was filed in U.S. District Court in New York.

The lawsuit is an unusual step by state officials ahead of a decision by federal antitrust authorities. The Justice Department’s decision is pending. The Republican majority of the Federal Communications Commission supports the deal , though the agency has yet to vote.

Too many “mega mergers have sailed through the governmental approval process,” so it’s up to the states to “step up,” James said at a news conference.

“There’s no rule or regulation that we have to wait for the DOJ,” she said. She added the attorneys general will “continue to litigate whether the DOJ approves the merger or not.”

Diana Moss, the president of the American Antitrust Institute and an advocate for tougher antitrust enforcement, said the states’ lawsuit could signal to other potential merger partners that there would be tougher enforcement from states even if the federal government permitted deals to go through.

James said Tuesday that her office’s renewed focus on mergers and anti-competitiveness goes beyond the tech industry, though she did not elaborate.

T-Mobile and Sprint have argued that they need to bulk up to upgrade to a fast, powerful “5G” mobile network that competes with Verizon and AT&T. The companies are appealing to President Donald Trump’s desire for the U.S. to “win” a global 5G race.

Consumer advocates, labor unions and many Democratic lawmakers worry that the deal could mean job cuts, higher wireless prices and a hit to the rural cellphone market.

Amanda Wait, an antitrust lawyer and former Federal Trade Commission lawyer, said states are acting because they disagree with what they have seen the federal government doing.

“They see the FCC accepting certain remedies and concessions that don’t, in their minds, solve the problem,” she said.

T-Mobile declined comment. Sprint and the Justice Department did not immediately respond to requests for comment.

One famous example of when the states and federal government diverged on a big antitrust case was in the fight against Microsoft, although that was not a merger case. Several states dissented from the Justice Department’s settlement roughly 20 years ago, pushing for tougher sanctions to curtail Microsoft’s ability to use its dominance in the Windows operating system to thwart competition in other technologies.

More recently, in the Bayer-Monsanto agribusiness merger, five states last year criticized the federal government’s approval.

T-Mobile and Sprint previously tried to combine during the Obama administration but regulators rebuffed them. They resumed talks on combining once Trump took office, hoping for more industry-friendly regulators.

T-Mobile has a reputation for consumer-friendly changes to the cellphone industry. T-Mobile and Sprint led the return of unlimited-data cellphone plans, for example.

T-Mobile, trying to reassure critics, promised the FCC it would build out a 5G network and invest in rural broadband on a specific timeframe or pay penalties. It also promised to sell off Sprint’s prepaid Boost Mobile brand and keep price increases on hold for three years.

That was enough for FCC Chairman Ajit Pai to back thedeal. The other two Republican commissioners indicated they would join him.

But public-interest advocates said these conditions did not address concerns about higher prices and reduced competition— and would be difficult for regulators to enforce.

The Justice Department evaluates deals using stricter criteria than the FCC’s “public interest” standard — namely whether they harm competition and raise prices for consumers. Staff attorneys at DOJ have reportedly told the companies they won’t approve the deal as proposed, but the ultimate decision lies with Makan Delrahim, the top antitrust official who is a political appointee.

The state attorneys general said in Tuesday’s lawsuit that combining Sprint and T-Mobile would make the industry as a whole — Verizon and AT&T, too — less likely to offer plans and services that consumers like. And they say the companies have already been working to roll out 5G and don’t need to combine to do so.

Japanese tech conglomerate SoftBank owns Sprint, while Germany’s Deutsche Telekom owns T-Mobile.

Lewis Wayne ‘Bud’ Eulert

Lewis Wayne “Bud” Eulert, 87, of Hays and Paradise, Kansas, died on Friday, May 31, 2019, at the family farm in Paradise, Kansas.

Bud was born on October 18, 1931, in Rural Paradise, Kansas, the son of Otto C. and Elsie (Reich) Eulert. He grew up in Paradise and graduated from Paradise High School. After high school he graduated from Ft. Hays State University. After achieving his degree, he served his country by joining the United States Army. He met, fell in love and was united in marriage to Kathryn A. Wolf on March 06, 1954, in Natoma, Kansas. From this union they were blessed with 6 children David, Max, Peggy, Anna Lou, Amy and LuAnn. Bud and Kathryn were happily married for 54 years before preceding him in death on September 13, 2008 . Losing his wife was devastating for him, but Bud was fortunate to find love again and was united in marriage to Ann (Morgan) McGlocklin on December 24, 2010, in Hawaii. Bud enjoyed working as a farmer and rancher and spent countless hours managing his cattle and farm. Bud would tell you he loved his farm but later in life, what really intrigued him was managing his oil investments. He was co-owner of ESP Development. He was a member of the Elks Lodge, Kansas Herford Association, Kansas Wheat Growers Association and was on the Paradise School and Township Boards. He enjoyed collecting Indian Artifacts, painting and gun collecting. Most of all he enjoyed spending his time with his family.

Surviving family include his wife Ann of Hays, Kansas, sons David Eulert of Lenexa, Kansas, Max Eulert (Sally) in Ellis, Kansas; daughters Peggy Eulert of Paradise, Kansas, Amy Groom (Tim) of Wellington, Kansas and LuAnn Eulert of Kirkland, Washington; brother Donald Eulert and companion Ute of San Diego, California; sisters Irene Schmidtberger (Linus) of Corpus Christi, Texas and Lynda Koelling (Warren) of Paradise, Kansas; nine grandchildren, Reese Eulert, Fay Eulert, Otto Eulert, Oliver Eulert, David Keil (Gela Parish) Drew Keil (Crystal Hill), Owen Keil, Ian Groom and Brody Groom, 2 great grandchildren Elsie & Scarlet Woods; step daughters Heather McGlocklin of Wichita, Kansas and Bobbi Hase (Collin) of Miami, Florida, step grandchildren Memphis and Liberty Hase.

He was preceded in death by his parents, wife Kathryn; sisters Eleanor Laubhan and Joyce Gillett; brother Harold Eulert and infant daughter Anna Lou Eulert.

A memorial service to celebrate Bud’s life will be held at 11 A.M., Saturday, June 15, 2019, at the Pohlman-Varner-Peeler Mortuary in Russell, Kansas with Pastor Wes Oakley officiating. The family will have a 2 P.M. graveside service, at the Fairport Cemetery in Fairport, Kansas. Memorials may be given to Hays Hospice or the Russell County Area Community Foundation and sent in care of the mortuary. Pohlman-Varner-Peeler Mortuary of Russell, Kansas, is in charge of the funeral service arrangements.

Bill J. Cunningham

Bill J. Cunningham, age 86, of WaKeeney, Kansas, passed away Saturday, June 8, 2019 in WaKeeney.

Graveside services will be 10:30 AM on July 5, 2019, at the Kansas Veterans’ Cemetery in WaKeeney.

Condolences may be left by guest book at www.keithleyfuneralchapels.com or by email at [email protected]

A complete obituary is pending with Brock’s-Keithley Funeral chapel and Crematory 2509 Vine hays, KS 67601

Shirley May Brungardt

Shirley May Brungardt, age 86, of Hays, Kansas passed away Monday, June 10, 2019 at Via Christi Village, Hays.

Funeral services will be 11 AM Friday June 14, 2019 at Brock’s-Keithley Funeral Chapel and Crematory 2509 Vine Hays, KS 67601. Burial will follow in the St. Joseph’s Cemetery, Hays.

Visitation will be Thursday 6 PM – 8 PM and Friday 10 AM until service time all at the funeral chapel.

Condolences may be left by guest book at www.keithleyfuneralchapels.com or by email at [email protected]

Prosecutor: DNA connects Kansas man to sex assaults of 4 women

MANHATTAN, Kan. (AP) — Prosecutors say DNA from a Manhattan man who is standing trial this week has connected him to the sexual assaults of four women.

Baggett photo Geary Co.

18-year-old Tommie Baggett is charged with one count of rape, three counts of attempted rape, one count of criminal sodomy, one count of aggravated criminal sodomy, one count of aggravated robbery, three counts of aggravated burglary and three counts of aggravated battery.

One woman said she was assaulted in August 2016 after meeting Baggett in Manhattan through an escort service. Two other women were roommates who said they were assaulted in their home in February 2017. Prosecutors say Baggett then slipped through an open window a month later and choked a third roommate when she refused to have sex with him.

The defense says the victims aren’t reliable.

Many Kan. inmates wait for Hepatitis C treatment despite recent legal settlement

 

Cirrhosis of the liver as shown with staining.
ED UTHMAN, CREATIVE COMMONS (BIT.LY/31QRFNM)

Kansas can no longer put off care for Medicaid patients with hepatitis C because of a recent legal settlement. But hundreds of the state’s prison inmates not covered by that lawsuit will have to wait another year for the pricey treatment.

That raises concerns about whether the delay constitutes cruel and unusual punishment under the U.S. Constitution, civil rights lawyers say, because inmates have the right to medical care.

“This is a fairly clear Eighth Amendment violation,” said Lauren Bonds, legal director for the ACLU of Kansas, which brought the Medicaid lawsuit. “Delayed treatment is unconstitutional.”

Kansas prison officials say more than 700 inmates currently have hepatitis C, a virus that attacks the liver and that’s most commonly contracted by sharing needles to inject illegal drugs. The state Department of Corrections expects about half will receive treatment this year, starting with those who’ve developed liver cirrhosis from the virus.

That’s on top of about 100 inmates treated in recent months, agency spokeswoman Jeanny Sharp said.

“The treatment strategy,” she said, “aligns with what many other states that were sued were asked to do.”

Kansas, she said, is doing it voluntarily.

Legal challenges

States landed in legal hot water in recent years for limiting hepatitis C treatment for their Medicaid and prison populations in response to the sky-high cost of new drugs. The drugs offered highly effective treatment to clear infections up, but with price tags that could total nearly $100,000 per person.

Kansas settled the Medicaid lawsuit, agreeing to no longer limit coverage of hepatitis C medication to those with more advanced liver scarring, while forcing others to wait.

Read the state’s settlement with the ACLU over Hep C coverage.

The suit didn’t cover prisons, but last fall, Kansas began screening all inmates for hepatitis C.

The corrections department says costs vary, but tend to run between $15,000 and $17,000 to treat the typical inmate. That can involve several months of daily medication.

The state will spend $6 million in fiscal 2020 on treating about half of its inmates with hepatitis C, a corrections official last week told a meeting of state leaders charged with signing off on the expense. Gov. Laura Kelly and the legislative leaders agreed unanimously.

Waiting for treatment

As it stands, inmates with less advanced hepatitis C will need to wait until fiscal 2021.

The corrections department wanted more funding to treat them this year instead, but the governor’s office didn’t request the full amount from the Legislature.

A spokeswoman said Tuesday Kelly is committed to ensuring inmates get treatment.

The state “will move as quickly as possible to treat every prisoner affected,” Dena Sattler wrote, “and if additional funding is required to keep providing treatment before the next fiscal year, the Governor will make additional budget recommendations as necessary.”

More inmates are testing positive for hepatitis C than initially estimated — about 13 percent of people entering the prison system.

It can take years for the outward signs and symptoms of the virus to develop, such as jaundice and fatigue.

About one in four people who get hepatitis C fend it off naturally. For most, the disease takes its toll, causing chronic infections.

As many as one in five eventually develop cirrhosis and one in 20 get liver cancer. Some cases require liver transplants.

Studies suggest early hepatitis C treatment benefits patients, while delaying treatment can harm their long-term health.

The costs of hepatitis C treatment are just one of the woes the corrections department is juggling. It’s struggled, for example, to pay guards well enough to keep prisons adequately staffed.

Bonds, of the ACLU, wouldn’t rule out heading back to court to press for speedier hepatitis C treatment in prisons. At the same time, she said the ACLU understands the system is facing budgetary hurdles.

“We do want to recognize and at least acknowledge that there has been some progress made,” she said. “We do want to be reasonable and see if there is a non-litigation means to get prisoners treated more quickly.”

The ACLU is continuing to monitor hepatitis C treatment for Medicaid patients, too. Under the terms of the state’s settlement with the group, Kansas agreed to hand over quarterly updates on how many patients are prescribed treatment and whether their requests get approved.

Previously, the state’s privatized Medicaid program, KanCare, approved only patients with the most serious liver scarring. It made them pass extensive sobriety tests, too.

The settlement says Kansas can only impose a three-month drug-free period instead of six, and that it can’t reject patients for using alcohol or illegal drugs that aren’t taken by needle.

Celia Llopis-Jepsen is a reporter for the Kansas News Service. You can reach her on Twitter @Celia_LJ 

Police Chief: Search for Kan. felon wanted for shooting expanded

ATCHISON COUNTY —The search for a convicted felon suspected in a weekend shooting continues.  Kevin Maxey, Jr., 31, Atchison is wanted for the Sunday morning shooting of a 42-year-old Atchison man near a city park, according to Police Chief Mike Wilson.

Kevin Maxey, Jr. photo KDOC

On Tuesday, Wilson said they had expanded the search beyond the city of Atchison and are doing a number of things in an attempt to locate him.

Officers raided Maxey’s home Sunday evening but he wasn’t there. The victim, whose name wasn’t released, suffered two gunshot wounds.

Wilson said about 20 people had gathered in the area when an argument broke out, primarily between two people. He says the victim apparently was not involved in the argument and was standing in the area when the shots were fired.

Maxey has been imprisoned for aggravated robbery, aggravated battery and Contraband: Non firearm, etc non employee, according to the Kansas Department of Corrections.

 

HAWVER: Saving rural Kansas becoming more of a legislative priority

Martin Hawver
There’s a change, or maybe just the appearance of a change, coming to the Kanas Legislature … maybe …

The change? Suddenly this year what appears to be interest in the future of rural Kansas, those small cities and towns that bigger-city folks might regard as living near the exit ramps of four-lane highways or maybe those towns where the paved streets are in their small downtowns, and most people live on gravel roads.

Those are the towns, in the majority of the land area of the state, where a school bus ride might take 40 minutes, and where even on a clear day, there isn’t a Kwik Shop or a liquor store in sight.

Those are the areas where there isn’t much representation in the Statehouse because the populations are so small that a House district can span a half-dozen counties, and a Senate district even more.

In recent years when rural populations have shrunk and the county courthouse is the center of government for many, their issues often have been overlooked. Oh, the urban-dominated Legislature might OK an exit ramp now and again to show interest or may name a bridge after a local leader, but it was mostly pandering.

And at every reapportionment—and there’s one coming up in 2022—the political power of those rural areas is diminished. More farm kids are growing up to go be computer experts, not farmers.

Well, there’s an indication, and we won’t know for sure for a session or two, that there is more interest in keeping rural areas economically strong, and that Kansans in those areas get the same level of service that the cities offer.

This interest started with the Kansas House, which created a Rural Revitalization Committee. Yes, a whole committee, chaired by Rep. Don Hineman, R-Dighton, out in Lane County, who lost his bid to be House Majority Leader, but showed enough strength that he could put forward a committee that will help people back home.

And Gov. Laura Kelly and her Lieutenant Governor Lynn Rogers, of Wichita, have created the Office of Rural Prosperity, and got $2 million to get it up and running and taking the pulse of rural areas of the state.

That initiative, run out of Rogers’ Statehouse office, is taking a tour of a dozen small cities this summer to see what rural areas need. While city folks have a choice of Internet providers, there aren’t many options in rural Kansas. That means that broadband internet service needs to be expanded in areas where it is going to take some state guidance and assistance and who knows what else to equalize access. It’s not just so rural Kansans can watch Netflix. It’s so they can watch what their government does, their kids can get access to programs that small rural school districts can’t staff, they can get health-care services from experts in areas where doctors are few and miles apart.

The Rural Prosperity office will be on the ground to see just what is needed in rural areas to provide housing, economic development, tourism, and the infrastructure that city folks and their representatives have access to.

It’s a change in atmosphere in the Statehouse, or at least the appearance of a chance in atmosphere, that holds promise. But just how that reach-out from the cities to rural Kansas works isn’t going to be easy. The cultures are different, the access to nearly everything is different.

Convincing city folk the importance to the state of those rural areas is going to be complicated.

Let’s hope that it works…

Syndicated by Hawver News Company LLC of Topeka; Martin Hawver is publisher of Hawver’s Capitol Report—to learn more about this nonpartisan statewide political news service, visit the website at www.hawvernews.com

LaVern Heller

LaVern Heller passed away on Wednesday, February 13, 2019 at the Good Samaritan Society-Decatur County in Oberlin, Kansas at the age of 91. He was born on September 25, 1927 near Leonardville, Kansas to Otto and Ethel (Johnson) Heller. On December 25, 1949 LaVern was united in marriage to Wanda Lee Mickey at her parent’s home in Wakefield, Kansas. They were blessed with two children: Kathleen Anne and Robert LaVern.

LaVern grew up around Leonardville where he attended Lee School District 79 until 1937. He then attended the Leonardville Grade School for a year and later Riley Grade School. He graduated from Riley High School in 1946 and then enlisted in the United States Army where he served as a Rifleman and a Bugler in the B Troup, 8th Calvary. He was stationed at Camp Funston in Fort Riley, Kansas, Fort Knox in Kentucky, Camp Stoneman in California, and Camp Omeiga in Japan. LaVern’s honorable service was recognized with the World War II Victory Medal and the Army of Occupation Medal Japan.

LaVern worked as a manager of the Bala Elevator and bookkeeper for the Riley Feed Store for 7 years until he moved to Palco where he worked as a heavy equipment operator for Slick’s Ditching Service for 34 years. LaVern was an active member, treasurer, and “coffee man” for the United Methodist Church for many years. During his spare time he enjoyed square dancing at the Palco Community Hall, keeping his yard looking nice, and fishing. When the weather got cold his favorite thing to do was travel with his wife to various locations in Arizona. LaVern was devoted to a life of serving God and his beloved family.

LaVern is survived by his daughter, Kathleen Shaffer and husband Brent of McCook, NE; son, Robert Heller of Palco, KS; grandchildren, Alicia Leith, Kirstyn Shaffer, and Andrew Heller; and great-grandchild, Zapleigh Zander.

He was preceded in death by his parents, Otto and Ethel Heller, wife, Wanda Heller, and sisters, Arlene Gravenstein and Darlene Maginness.

It is said, “Life has meaning only to the degree it is lived in the service of others.” LaVern lovingly gave of himself to family, friends, neighbors, and community because he valued them above all else. His legacy of honor, integrity, and faith will continue to inspire those who knew him best, until we all meet together again in our everlasting home.

Memorial Services will be determined at a later date. Memorials are suggested to the Good Samaritan Society-Decatur County or the Palco United Methodist Church and may be sent in care of Plumer-Overlease Funeral Home, 320 SW 2nd Street, Plainville, KS 67663.

Suspect crashes into tree while fleeing Kan. hit-and-run crash

TOPEKA, Kan. (AP) — Authorities say a driver crashed into a tree while Topeka police chased him from the scene of an apparent hit-and-run crash.

Police on the scene of Monday evening’s investigation photo courtesy WIBW TV

Topeka police Lt. Steve Roth says the fleeing driver appeared conscious and alert Monday night after the crash.

The driver had apparently been involved in a crash a short time earlier in which a motorcyclist suffered injuries that weren’t considered life-threatening.

Roth says another driver followed the man from the scene and called police. Officers initially pulled the man over, but then he drove away. No one else was hurt when he crashed into a tree. His name wasn’t immediately released.

Lamanda Marie (Lodovici) Bennegfield

Lamanda Marie (Lodovici) Bennegfield, age 74, of Wichita, Kansas, died Tuesday, June 4, 2019, at Harry Hynes Hospice at St. Francis Hospital in Wichita.

She was born on May 2, 1945, at Hays, Kansas, to Olinto “Shine” and Viola (Schmidtberger) Lodovici. She married Billy Wayne Bennegfield in 1974. He preceded her in death in 1977.

She retired in 2013 from the V.A. Hospital in Wichita, Kansas as a certified nurse assistant and phone operator. She was a 1963 graduate of Victoria High School and attended Butler County Community College in El Dorado, Kansas. She attended the Catholic churches in Wichita.

Survivors include four children, Erica McIntyre, Chrystal Bennegfield, Nicole Bennegfield and Rhett Bennegfield, all of Wichita, KS; nine grandchildren; 13 great grandchildren; one brother, Dennis Lodovici, Palmdale, CA; four sisters, Sharon Lodovici, Wichita, KS; Anita Englert and husband, Gary, Topeka, KS; Vicki Martin and husband, Tom, Las Vegas, NV; Gail Flax and husband, Danny, Las Vegas, NV; and a host of nieces, nephews, cousins and friends.

She was preceded in death by her parents; husband; one brother, Michael Lodovici; and one sister-in-law, Jean Lodovici.

Funeral services will be 10:30 A.M. Saturday, June 15, 2019, at the Basilica of St. Fidelis, Victoria, Kansas. The family will receive friends from 9:30 to 10:30 A.M. Monday, at the church. Inurnment will be in St. Fidelis Cemetery, Victoria.

Memorials are suggested to the family.

Services are entrusted to Cline’s-Keithley Mortuary, 412 main Street, Victoria, Kansas 67671.

Condolences can be left by guestbook at www.keithleyfuneralchapels.com or can be send via e-mail to [email protected]

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