The Kansas Department of Transportation has closed U.S. 36 between the Colorado border and St. Francis because of winter weather conditions in Colorado.
For up-to-date information on road closures and road conditions, call 511 in Kansas or 866-511-5368 outside Kansas, or check travel information online at www.kandrive.org.
By any measure, Tiger athletes are champions
What an incredible year it has been for Tiger Athletics! Back-to-back MIAA football championships, men’s soccer makes it to the final four – and fights through eight penalty kicks with fierce grit and determination.
And this last weekend, our women’s basketball team won the MIAA tournament championship and the right to host the NCAA II Central Region championship this coming weekend.
Also last weekend, wrestler Brandon Ball, a junior from Great Bend who was competing for a national championship in Cleveland, Ohio, ended up with a 28-2 record for the season and his second All-American.
And in Pittsburg, Brett Meyer, a Scott City senior, earned his fifth All-America honor in the mile run while competing for the national championship. Kolt Newell, a Plainville senior seeking the national high jump championship, also was named an All-American.
WOW!
I am inspired by our student-athletes. As a university, we rely on our student-athletes to tell our institutional story by how they practice and play, their character on and off the field, as well as their success in the classroom. They work hard to hone their skills – often making sacrifices in other areas of their life to excel as an athlete, and they must be good time managers to ensure their commitments to their educations and to their sports are in balance.
The office of the president affords me many ceremonial privileges for which I feel very grateful – from shaking every student’s hand as they cross the stage at commencement to standing with our four-time national champion shotgun team as they were introduced and applauded on the floor of the Kansas House of Representatives and Senate.
This year, I got to hand the MIAA trophy to Coach Chris Brown (Coach of the Year, for the second consecutive year) for the football team championship as well as to Coach Tony Hobson (also Coach of the Year) for the women’s basketball team’s regular-season MIAA championship – and to congratulate Tony himself as the winningest women’s basketball coach ever for FHSU!
I love those moments of saying, “Great job” and “I am so proud of you.” Those moments warm my heart and fill me with joy, and lately I have had lots of opportunities to celebrate our student athletes.
In February, we recognized more than 300 student athletes for their academic success. These were students who, despite the long hours they put into their sports activities, earned a 3.0 cumulative GPA in either the spring 2018 or fall 2018 semesters. We call every student athlete to the floor of the basketball arena to line up with their parents for recognition and applause from our fabulous fans.
Speaking of fans – ours are passionate about Tiger Nation. Love that! Our success has been fueled by many, many donors, as well as those who purchase tickets to our events. The financial support has enabled us to get stronger and be better. Alumnus Peter Werth flew the women’s basketball team to Connecticut so they could meet and compete against the legendary UConn team. What an incredible life-memory he created!
Alumnus Russ Pfannenstiel created the Distinguished Tiger Leadership Award to recognize one male and one female student-athlete who practice the extraordinary volunteerism and community involvement and exemplify hard work, teamwork, endurance, a positive attitude, dedication, sacrifice and commitment, and who always exhibit an uplifting personality.
Tatyana Legette, a senior basketball player from Topeka, is the 2019 Female Distinguished Tiger.
Wrestler Micquelle Robinson, a senior from Wichita, is the 2019 Male Distinguished Tiger.
It is thrilling to have all these outstanding student athletes – each with a personal story, source of motivation and inner strength, and each a champion in their own right. I am awed by these young people, who are firmly rooted in who they are and who positively engage with our campus and our community.
I am proud of them, their coaches, their faculty, and their families and friends who helped shape the hearts, minds, and characters of these champions.
By JONATHAN ZWEYGARDT
Hays Post
As the recent active weather pattern continues across the region, weather officials say we could see potential damaging winds over the next couple of days.
Meteorologist Dan Holiday said the current storm started in the Baja Mexico region and made its way into the Rockies over night before moving into western Kansas this morning.
“All the ingredients are going to come together for it to go into a phase where its strengthens even more, (and) when it gets into western Kansas, it’s going to explode in intensity, and that’s where we will have very, very strong winds associated with it,” Holiday said.
Holiday said the region could see sustained winds of 25 mph to 35 mph with gusts of 60 mph or greater. With that the National Weather Service has issued a high wind warning that will go into effect at 1 p.m. Wednesday and continue to 1 p.m. Thursday.
“We hear a lot about wind in Kansas, but when it comes to Wednesday, Wednesday into Thursday morning these are going to be winds that will be the level of a severe thunderstorm,” Holiday said.
“You do want to treat this like a severe thunderstorm because power lines could be down, trees could be knocked down very easily and I think a lot of limbs will be down by Thursday morning.”
Holiday said set ups like this are typical during this time of year because the colder weather is still hanging on to the north of us while it is trying to warm up to the south.
“The days are a little bit longer, (and) we’re trying to change from one season to another. When that happens, we have a low pressure area that comes onto the West Coast usually and really gets strong this time of year because there’s just a huge difference in temperature,” Holiday said.
These kinds of storms are typical in the early spring or late winter, Holiday said.
“This one is particularly strong,” Holiday said. “It’s going to cause blizzard conditions in Colorado and then for us its winds as high as 60 miles per hour.”
Holiday said we also see similar storms in October as well.
The low is expected to move out of the region Wednesday night and into Thursday before a high pressure system will move into the region toward the end of the week and along with that comes quieter weather and below-normal temperatures this weekend.
Will the active weather pattern continue? Holiday says it’s too early to tell.
“We typically see storms come out of the southwestern part of the country this time of the year and just sort of continue moving on into the central plains.” Holiday said.
“For us it typically picks up, on average in April, then May is the best month for us and then June becomes more of a strong wind and hail threat.”
KDA
MANHATTAN — The Kansas Department of Agriculture will host a business development workshop in Hays on Wednesday, March 20. Jon Schallert, internationally recognized speaker and business expert, will present a workshop titled: “Transform Your Business into a Consumer Destination.” The workshop will provide Kansas agribusinesses and communities with the business principles and tools needed to reinvent their business or community into a consumer destination.
The KDA Division of Agriculture Marketing received a U.S. Department of Agriculture Rural Business Development Grant to help fund this workshop. The schedule for the day will include:
• Keynote Session: 8:00 a.m.–11:15 a.m.
• Lunch: 11:15 a.m.–12:30 p.m.
• Marketing Roundtable: 12:30 p.m.–2:00 p.m.
“We are pleased to offer this workshop as a great opportunity for communities and small businesses to continue to grow and build upon rural prosperity across state of Kansas,” said Kansas Acting Secretary of Agriculture Mike Beam.
“Agriculture growth plays a big role in rural revitalization as well as health of the Kansas economy, as agriculture accounts for over 40 percent of the state’s economy and 13 percent of the state’s workforce.” Beam added that with more information and education, Kansas’ small and rural agribusinesses will be better able to serve as economic engines for their communities.
The workshop will be held at the Fort Hays State Memorial Union at 700 College Drive in Hays. The workshop is provided at no cost to attendees. Registration for this workshop is now open. Registration includes lunch; however, lunch will only be guaranteed to those participants who register by March 15. Register at https://bit.ly/2St1X7t.
Established in the 2014 Farm Bill, USDA’s Rural Business Development Grant program is a program intended to help with technical assistance, training and other activities to allow small businesses in rural areas to expand.
For additional information, contact Abby Works, KDA agribusiness development coordinator, at 785-564-6757 or [email protected]. For more information about business development opportunities at KDA, go to agriculture.ks.gov/BusinessDevelopment.
KDA is committed to providing an environment that enhances and encourages economic growth of the agriculture industry and the Kansas economy. This workshop will provide support and assistance to help make Kansas businesses more successful.
CITY OF HAYS
Alley conditions in the city of Hays have continued to worsen as a result of the ongoing wet weather.
Due to damaged and impassable alleys, city crews will temporarily be performing CURBSIDE TRASH PICKUP FOR ALL CITY OF HAYS RESIDENTS EFFECTIVE MONDAY, MARCH 18, 2019, until further notice. No alley collection of municipal trash OR recyclables will be performed during this time.
We ask that all residents, EXCEPT THOSE WITH PAVED ALLEYS, move their polycart to the street side of their property, so crews can collect the refuse curbside. Recycling materials should also be placed curbside.
Note that this change may alter the timing of normal scheduled collections, but the day of collection should remain the same. If at all possible, attempt to place the polycart where it is not blocked by parked cars or other fixed objects.
We apologize for any inconvenience, and your cooperation and patience on this matter is truly appreciated.
Anyone needing assistance relocating a polycart should contact the Public Works Department.
If you have any questions or wish to report an issue, please contact the Public Works Department at 785-628-7350.
CITY OF HAYS
The city of Hays Public Works Department is advising that due to recent snow events, coupled with the thawing activities that have transpired since those storms, and the pending rainfall in the forecast, many of the rock/gravel alleys in the city have become quite difficult to travel at this time.
Future rains may further deteriorate the alley surface conditions.
We are asking citizens to avoid the use of alleys if possible.
The city of Hays is fully aware of the poor conditions of the alleys.
Public Work crews will be doing maintenance as conditions allow, but the current wet conditions are delaying this work. Your cooperation and patience on this matter is truly appreciated.
If you have questions or wish to report an issue, please contact the Public Works Department at (785) 628-7350.
NWS
DODGE CITY – The National Weather Service in Dodge City has issued a High Wind Warning for Ellis County and much of western Kansas from 1 p.m. today through 1 p.m. Thursday.
Affected counties:Kansas
Trego-Ellis-Scott-Lane-Ness-Rush-Hamilton-Kearny-Finney-Hodgeman-Pawnee-Stafford-Stanton-Grant-Haskell-Gray-Ford-Edwards-Kiowa-Pratt-Morton-Stevens-Seward-Meade-Clark-Comanche-Barber
Including the cities of WaKeeney, Pfeifer, Hays, Scott City, Scott State Lake, Dighton, Ness City, La Crosse, Syracuse, Lakin, Deerfield, Garden City, Jetmore, Hanston, Larned, St. John, Stafford, Macksville, Johnson City, Ulysses, Sublette, Satanta, Cimarron, Montezuma, Dodge City, Kinsley, Lewis, Greensburg, Haviland, Pratt, Elkhart, Hugoton, Liberal, Meade, Plains City, Fowler, Ashland, Minneola, Coldwater, Lake Coldwater, Protection,
Medicine Lodge, and Kiowa.
1105 AM CDT Tue Mar 12 2019 /1005 AM MDT Tue Mar 12 2019/
…HIGH WIND WARNING IN EFFECT FROM 1 PM CDT /NOON MDT/ WEDNESDAY TO 1 PM CDT /NOON MDT/ THURSDAY…
* TIMING…From 1 pm Wednesday through 1 pm Thursday.
* WINDS…40 to 50 mph with 60 to 65 mph gusts.
* IMPACTS…Driving will be hazardous, especially on east-west oriented highways, and for those traveling in
high- profile vehicles.
PRECAUTIONARY/PREPAREDNESS ACTIONS…
A High Wind Warning means a hazardous high wind event is expected or occurring. Sustained wind speeds of at least 40 mph or gusts of 58 mph or more can lead to property damage.
Submitted
The Ellis County Public Works Department is advising that due to recent snow storms, coupled with the thawing activities that have transpired since those storms, many unpaved Ellis County roads have become difficult to travel at this time.
In some cases, there are roads that have become impassable which has forced our department to close those locations for travel until further notice.
Pending rainfall forecasted for our area this week, should it materialize, will further deteriorate current road conditions.
We are asking those traveling unpaved roads in Ellis County to slow down, use caution and be aware of current road conditions before making any travel plans.
Your cooperation on this matter is truly appreciated.
If you have any questions on current road conditions or wish to report a road issue, please contact the Ellis County Public Works department at (785)-628-9455.
FHSU
Join us in Hays for Tiger Spirit Parties throughout the week as the #1 seed Lady Tigers advance through the NCAA Division II women’s basketball tournament. All parties will be held in Eagle Communications Hall at the Robbins Center, located across from Gross Memorial Coliseum.
Help spread the word to your friends and family. Encourage them to contact the Alumni Office to provide updated information and stay connected. Let’s wear our black & gold with pride and show our support for our Tiger basketball players!
We will have a special appearance by the Tiger Pep Band, Tiger Cheerleaders and Tiger Debs at each party. Plus, the Tiger Spirit Shop will set up a mini store in case you need to update your game day gear before you head over to Gross Memorial Coliseum.
All parties are free to attend thanks to the generous sponsorship of the estate of Ms. Melba Borger ’59. Light snacks and non-alcoholic beverages will be provided for the first 200 in attendance.
Seating is limited, so register today by clicking here.
Please contact the FHSU Alumni Association at 785-628-4430 or [email protected] with any questions.
Hello from Topeka!
Congratulations to the Fort Hays State University women’s basketball team on the outstanding performance in winning the MIAA tournament in Kansas City over the weekend. They will now host the first round of post season this weekend.
Last week was one focused on protecting the taxpayers of Kansas, with the passage of SB 22.
Imagine you find a billfold on the ground, it has cash inside along with the driver’s license. What would you do? What would you tell your kids to do? Return it, right? That’s the right thing to do. When Congress passed the Tax Cuts and Jobs Act, they created unintended consequences that had some people and some businesses paying more taxes to state governments. They didn’t mean to, but that’s what happened. They created a billfold filled with cash and a driver’s license. The choice for us is whether to keep that money and spend it, or to do the right thing and return it. In Kansas we were raised to do the right thing and SB 22 returns that billfold back to its rightful owner.
When Congress made changes to the federal tax code last year, it triggered the need for states – like Kansas – to take action so that families in our state wouldn’t be penalized. That’s what this bill is about. It updates the Kansas tax code so that middle-income Kansans can continue to write-off their medical expenses, property taxes, charitable contributions and mortgage interest.
This is about fairness. Kansans shouldn’t have to pay higher taxes just because they can’t itemize on their federal taxes.
The bottom line is this: a “No” vote would raise taxes on Kansans with medical expenses. It would raise taxes on Kansans with a home mortgage. It would raise taxes on Kansans who contribute to our local charities and churches. A “Yes” vote protects those Kansans from a tax hike. That’s why I voted yes. I don’t think we should raise taxes on working families in our state.
Some people in Topeka seem determined to raise taxes. They’re trying to raise income taxes on middle-income families and homeowners. And I’m saying no. We have to stabilize the budget without constantly going back to the well for more taxes.
This “windfall” from the federal government was never intended to pad the pockets of state government. It was intended to stabilize income taxes for working families and business owners so that they wouldn’t see a tax hike at the state level.
SB 22 is not Brownback 2.0. This bill is not a general reduction in tax rates or exempting certain kinds of income from taxation. This bill was not Kansas state policy but rather a required reaction to federal law changes. Without this bill, taxes would have automatically increased for tens of thousands of Kansans on April 15. I don’t support raising taxes on Kansans, especially when that change comes courtesy of the federal government.
There is no doubt that our state government could find a way to tax this financial windfall. We have needs in many areas. But just because we could spend this money, that doesn’t mean we should. This isn’t money from new businesses or new people moving to Kansas. It isn’t money from economic growth. It is money from unintended consequences of federal policy.
This isn’t just a Kansas issue. Many states across the country have had to change their tax codes in the wake of the federal changes. Red states like Texas and North Carolina but also blue states like New York, New Jersey, Pennsylvania and Connecticut have all realized that the right thing to do is to change their laws so taxpayers aren’t penalized because of changes in tax policy. I voted for SB 22.
If you want to get more into the full content of SB 22: For Individuals – adjusts the Kansas tax code so that Kansans with itemized deductions that total between $7,000 and $24,000 can continue to itemize on their state income taxes even if they no longer itemize on their federal income taxes. Some middle-income tax filers might not itemize at the federal level this year due to recent changes Congress made to the federal tax code to raise the standard deduction. Without this bill, these middle-income tax filers would no longer be able to itemize at the state level, triggering a higher state income tax liability for these families.
For multi-national companies – clarifies language in the Kansas tax code so that changes in the federal tax code do not trigger unintended tax hikes at the state level for business owners. Right now, Kansas companies that do business outside of the United States pay taxes on those profits at the federal level. Those profits are not taxed at the state level and never have been. Without this bill, these Kansas companies would be subjected to additional taxes at the state level, making Kansas a more expensive state for businesses to operate in.
For Main Street businesses—eliminates an unfair playing field that makes it cheaper for out of state businesses to sell to Kansas customers because they don’t have to collect sales taxes like Kansas businesses do. Removes liability from individual Kansans to track, record, and report out of state purchases and places that liability on the out of state merchant where it belongs. Stops giving out state businesses an upper hand so that our local brick and mortar store owners can compete.
For every Kansan who buys groceries—lowers the food sales tax by 15% so every Kansan will see a drop in their tax burden every single time they go to the grocery store.
If you come to Topeka during the session, my office is in Room: 149-S. My phone number is (785) 296-7463 and email is: [email protected] and you can always try my cell number is (785) 302-8416.
It is my honor to serve you in the Kansas House of Representatives.
Rep. Ken Rahjes (R-Agra), is the 110th state representative and chairman of the Higher Education Budget Committee. House District 110 includes Norton and Phillips counties as well as portions of Ellis, Graham, and Rooks counties.
HANSEN MUSEUM
LOGAN – The Dane G. Hansen Museum is pleased to announce the now-open exhibit featuring Eckman Fine Arts’ collection of cast paper sculptures. Cast paper sculpture, (not to be confused with papier mâché), was invented as late as the 1950s.
The two Eckmans have developed a careful process that is now trademarked by them. Accordingly, Allen and Patty Eckman of Eckman Fine Art are internationally recognized as masters in this intricate, time-consuming medium.
Sculpting from their home in the Black Hills of South Dakota, Marine veteran Allen Eckman’s Cherokee heritage originally spurred him to greatly broaden his knowledge of Native American history, especially beginning with the Westward Expansion in the early 1800’s.
This exhibit not only pays tribute to several aspects of Native American culture, but ties in another special focus, closely related – nature itself.
Complementing Allen’s attention to Native American history, Patty has a detailed awareness of natural beauty, especially wildlife and flowers, and has remarked that color is sometimes a distraction to the underlying intricate forms in nature. As Allen and Patty’s sculptures are typically unpainted, this purity lends itself wholly to the detail of these exquisite pieces.
Eckman Fine Art – Cast Paper Sculptures will be on display through June 2, 2019, at the Dane G. Hansen Museum located at 110 W. Main Street, Logan, Kansas.
Museum hours are Monday through Friday 9-12 & 1-4; Saturdays 9-12 & 1-5; Sundays & holidays 1-5. We are handicapped accessible and thanks to the generosity of the Dane G. Hansen Foundation, there is never an admission fee.
For more information, please contact us at 785-689-4846.
First of all, I would like to thank Kansas Farm Bureau for setting up the fifteen town hall meetings held in the 40th Senate district. Representative Adam Smith, Representative Ken Rahjes, Representative Barbara Wasinger, Representative Don Hineman and I were glad to hear from our constituents about their questions and concerns.
SB9 becomes law. The $115 million pays back a previously missed KPERS payment, bringing the funding ratio to the highest point it has been in 25 years. This is the first time in 25 years that we have made the actual required contribution. This payment will save the State of Kansas $630,000 per month and according to KPERS, the actuarial effect of repaying the contribution would be net savings of $186.1 million from all funds over 30 years.
Last week the House passed SB22. SB22 originally passed the Senate and was created in response to federal tax reform. The legislation was created to return the unexpected windfall from the Trump tax cuts back to taxpayers while allowing Kansans to deduct interest on their mortgage, property taxes and health care expenses through decoupling from federal law. For individuals-SB22 adjusts the Kansas tax code so that Kansans with itemized deductions that total between $7,000 and $24,000 can continue to itemize on their state income taxes even if they no longer itemize on their federal income taxes. Some middle-income tax filers might not itemize at the federal level this year due to recent changes Congress made to the federal tax code to raise the standard deduction. Without this bill, these middle-income tax filers would no longer be able to itemize at the state level triggering a higher state income tax liability for these families.
SB22 provides Kansas businesses with the full benefits of federal tax breaks on foreign income, allowing Kansas to remain competitive with neighboring states who have already done this. Right now, Kansas companies that do business outside the United States pay taxes on those profits at the federal level. Those profits are not taxed at the state level and never have been. Without this bill, these Kansas companies would be subjected to additional taxes at the state level, making Kansas a more expensive state for businesses to operate in. Kansas is only one of seven states that has not decoupled from the federal tax law.
The House added two amendments to SB22. They included a 1% reduction in the state’s 6.5% sales tax on food. The House also included an internet sales tax amendment that would require out-of-state online retailers to pay sales tax which they have not been required to do in the past. The Senate will have the opportunity to concur with the House’s adjustments or engage in compromises during conference committees.
SB32, the Farm Bureau Health Benefit plan passed out the House committee and will advance to the House floor for a full debate. I will keep everyone informed as this bill moves through the process.
Congratulations to the Fort Hays State University women’s basketball team. It was a fun afternoon to cheer on the Lady Tigers for their first MIAA Tournament championship.
Thank you to those who stopped by my office last week to visit. It is always good to see constituents from the 40th Senate District.
I am honored and grateful to represent the 40th Senate District in Kansas. Please do not hesitate to contact or call me with your questions and concerns, my office number is 785 296-7399 or my cell is 785 899-4700. If you are in Topeka stop by my office at 236-E.
Sen. Rick Billinger, R-Goodland, is the Kansas state senator for the 40th District, which includes Cheyenne, Decatur, Ellis, Gove, Graham, Logan, Norton, Rawlins, Sheridan, Sherman, Thomas, Trego and Wallace counties as well as portions of Phillips County.
By KIRBY ROSS
Phillips County Review
Handing down a mixed verdict, after a trial lasting two full days followed by almost three hours of deliberations, a Phillips County jury has convicted Craig Speake, Phillipsburg, on two charges and acquitted him on three more.
The trial stemmed from events that unfolded at 1060 Second Street in Phillipsburg on May 20 of last year, during which Thomas Stacey, Phillipsburg, was seriously injured and subsequently transported to a Kearney hospital with life-threatening injuries.
In the aftermath of that incident, Craig Speake, who resides at the address in question, was charged with attempted involuntary manslaughter.
That charge was subsequently amended to aggravated assault, with additional drug-related charges added on resulting from a search of Speake’s residence during the investigation that ensued.
Those additional charges included illegal possession of morphine and percocet, illegal possession of Xanax, illegal possession of marijuana, and illegal possession of drug paraphernalia.
The trial on those five charges got underway last week at Phillips County Courthouse at 9 a.m. Wed., March 6.
Defense and prosecution attorneys spent that morning questioning a potential jury pool of several dozen county residents, which was narrowed down to 13 individuals — 12 jurors and one alternate.
After lunch that day, Phillips County Attorney Melissa Schoen opened the prosecution’s case and ultimately called several Phillips County deputies to the witness stand, as well as Phillips County Sheriff Charlie Radabaugh, Phillips County EMS first responders, a Phillips County Hospital emergency room physician, and a Phillipsburg pharmacist.
Schoen’s direct examination of each witness was followed by a cross examination by Speake’s defense attorney, Alex Herman of Hays.
The questioning of the prosecution’s witnesses took all of Wednesday afternoon, as well as Thursday morning, after which the prosecution rested.
During this phase of the trial the undisputed evidence indicated that several people were at Speake’s house on the night in question, including Speake and Stacey.
The testimony indicated that around 9:30 p.m. on the day in question, Speake asked those present at his house to leave.
The testimony further indicated–
•The guests left except for Stacey, who, it was testified, appeared to be in a state of intoxication
•The investigating law enforcement officers said Speake afterwards advised them that Stacey refused to leave, was somewhat belligerent, and poked Speake in the chest a couple times when Speake persisted in asking Stacey to leave his home
•The law enforcement officers testified Speake said after Stacey poked him in the chest, he punched Stacey once or twice, resulting in Stacey falling to the ground, after which Speake said he “bounced” Stacey from his house
•There was body cam footage played of an in-custody law enforcement interview with Speake where Speake stated he had advised Stacey to leave his house, Stacey refused to leave, Stacey poked Speake in the chest, and that Stacey reached behind his back and Speake feared Stacey was reaching for a knife
•Also on the body cam footage was a statement, not heard by the jury, wherein Speake said Stacey had pulled a knife on him twice previously. This part of the footage had been the subject of a legal skirmish between the prosecution and defense outside the presence of the jury. The court ruled this portion of the video to be inadmissible, with the judge saying it appeared the defense was attempting to have it introduced in order to establish Stacey’s character. With the prosecution not being able to cross-examine a statement made on video, Speake’s on-camera statement regarding Stacey’s alleged past conduct was ruled to be insufficient to establish Stacey’s character, and insufficient to offer as evidence of past conduct
Other testimony by law enforcement indicated that after Speake hit Stacey and then removed Stacey from his house, Speake got on his bicycle and rode it to the Phillips County Sheriff’s Office and advised law enforcement that Stacey was laying in his yard.
With Phillips County deputies responding to the scene, they subsequently called in Phillips County EMS.
At the trial, sheriff’s deputies and EMS responders stated that shortly after they arrived they found Stacey outside the house at the bottom of cement steps exiting the residence, with Stacey’s body positioned so his head was nearest to the steps and his feet farthest away from them.
EMS responders testified that they quickly discovered that one of Stacey’s pupils was dilated, indicating a brain injury. Stacey was transported to Phillips County Hospital.
Dr. Jeff McKinley was the Phillips County Hospital emergency room physician on duty that night. McKinley testified at the trial that when Stacey was brought in his left side was paralyzed and his right side was flailing. The doctor said a CT Scan indicated a large amount of bleeding between Stacey’s brain and his skull, and that the bleeding was exerting pressure on one side of the brain, threatening to collapse it.
The testimony indicated that after Stacey was stabilized, he was transported to Holdrege because weather did not allow for air transport to Kearney. The Phillips County EMS team transporting Stacey was met at Holdrege by Kearney medical personnel, and Stacey was handed off to them.
Both Dr. McKinley and Phillips County EMS director Pete Rogers stated they did not expect Stacey to live. Rogers further testified that Stacey’s condition was deteriorating so badly en route to Holdrege that he took out the defibrillator paddles and placed them at the ready on Stacey’s chest in case they had to be used.
Finally concluding the prosecution’s case-in-chief, there was testimony that the following morning Phillips County law enforcement arrested Speake and executed a search warrant on his residence. Law enforcement testified they found a few marijuana plants growing in Speake’s back yard, and found rolling papers, without any loose marijuana, inside the house.
They also testified that they found suspected loose prescription drugs, with no pill bottles. Those medications were afterwards identified by a Phillipsburg pharmacist as being morphine, percocet, and Xanax.
After lunch on Thursday, Speake’s defense attorney, Alex Herman, presented his case.
Calling two witnesses to the stand, the first testified he regularly went fishing with Speake three or four times a week, and had been fishing with Speake on the day in question. The witness stated he has prescriptions for morphine and percocet, and showed the prescription bottles to the court. He said he takes the medication three times a day for neuropathy, lower back pain, and pain due to knee replacements.
He further stated he had been in Speake’s vehicle that day, and had spilled his pills in it. He said he thought he had recovered them all, but when he got home he did a count. When he came up short, he said he called Speake and asked him to see if he could find the rest. He said he heard back from Speake that the lost pills had been found, and that he could come pick them up. The witness subsequently said Speake told him the next day “the cops confiscated them.”
The second defense witness stated he had been over at Speake’s house on the evening in question, and that Stacey was also there.
The witness testified that Stacey was drinking whiskey out of a large mason jar, and that in his opinion Stacey was very intoxicated and erratic.
He also said Speake told everybody to leave, but that Stacey refused to go. The witness stated he himself tried and failed to get Stacey to go, and then left before the physical altercation, but as he was leaving he saw Stacey belligerent, stumbling, wobbling, and falling into furniture.
The case went to the jury shortly before 5 p.m. on Thurs., March 7. With the jurors recessing for the night and returning Friday morning, after around three hours total deliberations a verdict of guilty was returned on two counts–aggravated assault and illegal possession of Xanax; and not guilty on three counts–illegal possession of morphine, illegal possession of marijuana, and illegal possession of drug paraphernalia/rolling papers.
In analyzing the verdict, it appears the jury’s decisions were based on the following–
•Aggravated Assault
There was no testimony countering the statements that Stacey was belligerent, refused to leave Speake’s home, and poked Speake in the chest, all of which arguably allowed Speake to respond.
However what came next — the manner in which Stacey was removed from the home — was problematic. Based on how Stacey’s unconscious body was positioned outside the residence, the conviction for aggravated assault appears to hinge on the fact that Stacey looked to have been pulled out of Speake’s home by his feet, with his head hitting multiple cement steps as he ended up in the yard.
Speake’s own words — that he “bounced” Stacey from the house — do not convey a favorable mental image to others in relation to Stacey’s head and the cement steps.
•Morphine and Percocet
Regarding the acquital on the charge of possession of morphine and percocet — a third party with a valid prescription testified the pills were his, that he had accidentally dropped them just hours before the incident, that he discovered later on he had not recovered all the pills, that he called and asked Speake to see if Speake could find the lost pills, that he heard back from Speake and was told the pills had been found, and that he had fully intended to go get them but the events in question intervened
•Xanax
Regarding the conviction for Xanax — no testimony was presented regarding why Xanax was on the premises
•Marijuana
Regarding the acquittal for the marijuana — an argument that ditchweed can be found everywhere in Phillips County and is difficult to control here appears to have been effective
•Paraphernalia
Regarding acquittal for drug paraphernalia — no loose marijuana was found on the premises. An argument that rolling papers by themselves can be used for legal purposes appears to have been effective.
Speake’s sentencing is scheduled for May 16.
