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Search continues for suspect in Kan. vehicle theft, arson

photo Lyon Co. Sheriff
photo Lyon Co. Sheriff

LYON COUNTY – Law enforcement authorities including the State Fire Marshal continue to investigate a vehicle theft and arson in Lyon County.

This week, the Lyon County Sheriff released video of the theft on social media.

The theft occurred on June 30th between midnight and 5 am from the 1700 block of Road R1 in at Lyon Coffee County Electric, according to the sheriff’s department.

The suspect stole a 2013 Chevrolet 3500 flatbed pickup. The arson of the truck occurred between 5 and 8 am in Franklin County.

The suspect is described as a white male possibly wearing glasses and facial hair on his chin. The male may have been accompanied by a dog.

If you have information about this subject or crime call the Lyon County Sheriff’s Office at 620-341-3205 or the Franklin County Sheriff’s Office at 785-242-3800. Or you may call Crime Stoppers at 620-342-2273.

Former Kan. Army Private Sentenced For Stealing Soldiers’ Identities

identity_theft_main_logoTOPEKA – A former private in the U.S. Army who was stationed at Fort Riley pleaded guilty and was sentenced Tuesday to two years in federal prison for stealing his fellow soldiers’ identities, according to Acting U.S. Attorney Tom Beall.

In addition, he was ordered to pay more than $23,400 in restitution.

Todd M. Newbrough, 24, pleaded guilty to one count of aggravated identity theft. In his plea, he admitted he used his position with the Army to access personal identifying information about fellow soldiers in his unit at Fort Riley. The records he accessed included Leave and Earnings Statements, Enlisted Record Briefs and Alpha Rosters. They contained personal information including names, Social Security numbers, dates of birth and places of birth. Newbrough used the information to obtain credit cards and lines of credit in the names of the soldiers.

Beall commended the Defense Criminal Investigative Service, the United States Army Criminal Investigation Command, Computer Crime

Investigative Unit (CCIU), the Riley County Police Department and Special Assistant U.S. Attorney Robin Graham for their work on the case.

Physician Marshall ousts US Rep. Huelskamp in Kansas primary

HUTCHINSON, Kan. (AP) — A doctor backed by agriculture and business groups has defeated U.S. Rep. Tim Huelskamp in the Republican primary to represent a district spanning much of central and western Kansas.

Great Bend obstetrician Roger Marshall won the tough contest against Huelskamp in Tuesday’s primary, making him the strong favorite to take the seat in November.

See all the statewide results here

Marshall’s supporters argued Huelskamp’s combativeness has harmed the district. Huelskamp lost his seat on the House Agriculture Committee in 2012 and farm groups turned against him.

Huelskamp is a tea party favorite with a national profile from clashing with GOP leaders over farm and budget legislation. He was a critic of former House Speaker John Boehner.

There is no Democratic candidate. Clifton farmer and educator Alan LaPolice is poised to run as an independent.

Educator unseats Kansas Senate majority leader

Berger
Berger

TOPEKA, Kan. (AP) — The Latest on the Kansas primary (all times local):

10:30 p.m.

A retired college president has unseated Kansas Senate Majority Leader Terry Bruce in the Republican primary.

Former Hutchinson Community College President Ed Berger prevailed in Tuesday’s election in the 34th state Senate District in south-central Kansas.

Berger criticized fiscal policies pursued by Republican Gov. Sam Brownback and said public schools aren’t adequately funded. Berger also said Bruce was “in lockstep” with Brownback.

Bruce is from Nickerson and has been majority leader for four years. He has remained a reliable Brownback ally amid the budget problems following massive income tax cuts in 2012 and 2013 championed by the governor.

Berger served 23 years as the top administrator at Hutchinson Community College and retired in 2014.

Berger will face Democrat Homer Gilson of Hutchinson in the November election.

Police: 2 Kansas men arrested driving stolen Subaru

StolenPropertySALINE COUNTY – Law enforcement authorities in Saline County are investigating two suspects caught driving a stolen vehicle.

Just before 1:30 a.m. on Tuesday, a Salina woman contacted police after she saw someone drive away in her 2000 Subaru and damage a window on her 1995 Chevrolet pickup parked in front of her home in the 700 block of N. 5th Street , according to Salina Police Captain Mike Sweeney.

A short time later, an officer stopped the stolen Subaru in the 700 block of N. 2nd Street.

The driver, 20-year-old Justin Howard, was arrested and booked into the Saline County Jail on requested charges of felony theft and criminal damage to property.

A passenger in the vehicle 18-year-old Brandon Carpenter was also arrested after officers found drug paraphernalia, including a marijuana pipe, in his backpack, according to Sweeney.

He was booked into jail on a requested charge of possession of drug paraphernalia.

The Subaru, which is valued at $3,000, was not damaged.

Sweeney said the keys had been left inside the vehicle.

4 hospitalized after semi forces vehicle off I-70

KHPDICKINSON COUNTY –Four people were injured in an accident just before 3p.m. on Tuesday in Dickinson County.

The Kansas Highway Patrol reported a 2011 Honda CRV driven by Fatima H. Abdi Karem, 45, Oakdale, MN., was eastbound on Interstate 70 in the left hand lane when a semi entered into its lane and forced the Honda off the road.

The Honda entered the median, struck a guardrail, then traveled back across both eastbound lanes of traffic and struck a bridge rail.

Abdi Karem and passengers Anab A. Adam, 48, Warsa B. Loyan, 14, and Ebyan B. Loyan, 15, all of Thornton, Co., were transported to Geary Community Hospital.

All were properly restrained at the time of the accident, according to the KHP.

Starbucks recalls straws after report of children’s injuries

Consumer Product Safety Commission photo
Consumer Product Safety Commission photo

SEATTLE (AP) — Starbucks is recalling stainless-steel straws it sold in its stores and online after three reports of children suffering “mouth lacerations” while using them.

The Seattle-based company says about 2.5 million of the straw sets were sold in the U.S., and 301,000 were sold in Canada. The straws have a ridge at the bottom that keeps them attached to beverage lids.

Starbucks says people should not let children use the straws, which are rigid and can pose an injury risk. See more on the recall from Starbucks here.

The U.S. Consumer Product Safety Commission says the straws were sold between June 2012 and this past June. They cost about $6 for a set of three straws. Cups for the straws were sold for between $11 and $30. The straws were made in China and imported by Starbucks Corp.

Kansas woman sentenced for stabbing death

Carter- photo Shawnee Co.
Carter- photo Shawnee Co.

TOPEKA, Kan. (AP) — A Topeka woman has been sentenced to more than seven years in prison in a deadly stabbing.

The Topeka Capital-Journal reports that 36-year-old Kizzey Lynn Carter was sentenced Monday for voluntary manslaughter in the death of 33-year-old Siobohn McClelland, of Topeka.

Officers found McClelland suffering from a life-threatening stab wound in November when they responded to a loud disturbance at an apartment. She was taken to a hospital, where she was pronounced dead.

Carter was arrested at the scene and originally charged with second-degree murder. The count later was reduced to voluntary manslaughter upon sudden quarrel or in the heat of passion.

Carter also was ordered to pay restitution $12,690 in the case.

Officers mourn unexpected death of Kansas police service dog

photo Topeka Police
photo Topeka Police

SHAWNEE COUNTY -Law enforcement authorities in Shawnee County are mourning the death of a loyal officer.

Police service dog Maverick died on Monday night, according to a media release.

After completion of a run on a training track on Monday he showed no signs of illness.

Approximately 15 minutes after being placed back into an air-conditioned police vehicle he showed signs of a possible seizure.

He was immediately taken to the police contracted vet for examination. He was sedated and then transferred to a vet clinic for observation overnight. After suffering another seizure, he died just before 10p.m.

The result of a necropsy on Tuesday indicated Maverick died of a brain bleed due to aneurysm. No trauma outside the canine’s body was found.

Kansas couple enter pleas in case of abusing adopted children

James and Paige Nachtigal
James and Paige Nachtigal

NEWTON -The Kansas couple accused of abusing three children they adopted were arraigned Monday and entered not guilty pleas according to Harvey County Attorney David Yoder’s office.

James and Paige Nachtigal were charged in February with 12 felonies each, including child abuse, aggravated battery and child torture.

They are accused of abusing a boy and two other children they adopted from a Peruvian orphanage while working as international missionaries.

Court documents released earlier indicated that an 11-year-old was regularly beaten with a wooden spoon and had his arm broken after he ran away from his North Newton home.

A date for the jury trial was set for Jan. 17, of next year.

Former Kan. school counselor enters plea in drug distribution case

McMurry
McMurry

HUTCHINSON — A Kansas man charged in a drug distribution case while he was a counselor at a Hutchinson elementary school entered a not guilty plea during his arraignment on Monday.

Terry Lamont McMurry, 49, Hutchinson, is charged with possession of cocaine and marijuana, both with intent to distribute, sale of marijuana, possession of drug proceeds, drug paraphernalia with intent to package, no drug tax stamp and using a communications device to make a drug deal.

In November of 2015, the Reno County Drug Unit set up a controlled buy from McMurry using an informant with a listening device.

That then led to the eventual search warrant being served on McMurry’s home in the 1600 block of Aurora.

The state alleges he was selling the drugs from his home

They allegedly found marijuana and cocaine inside the home packaged for sale, packaging material, scales and cash.

Marijuana was also found in McMurry’s Mustang and crack cocaine was found in his Mercedes convertible.

Three Mercedes cars and the Mustang were seized during that search.

McMurry was a school counselor at Faris Elementary School at the time of his arrest.
The case will now be scheduled for a jury trial.

Whistleblower Case Against KU Hospital Takes Unexpected Twist

Photo by Mike Sherry/Heartland Health Dr. Lowell L. Tilzer has dismissed his whistleblower suit against the University of Kansas Hospital but now the hospital may face legal action by the patient whom Tilzer says was misdiagnosed with cancer. UNIVERSITY OF KANSAS HOSPITAL
Photo by Mike Sherry/Heartland Health Dr. Lowell L. Tilzer has dismissed his whistleblower suit against the University of Kansas Hospital but now the hospital may face legal action by the patient whom Tilzer says was misdiagnosed with cancer.

A University of Kansas Hospital pathologist’s lawsuit alleging the hospital’s chief pathologist misdiagnosed a patient as having cancer and subsequently covered it up has taken a strange new turn.

On Friday, the plaintiff, Dr. Lowell L. Tilzer, voluntarily dismissed his whistleblower action against the hospital, saying he “believes further litigation of this claim is not necessary to protect him from retaliation at this time.”

But in an unorthodox addendum to the filing, Tilzer appended a statement from the unidentified patient who was allegedly misdiagnosed.

The statement says that the patient believes he or she is the person referred to in the lawsuit.

“I did not know about the lawsuit until Tuesday, July 26, 2016 when my surgeon at KU called me and asked me to sign an Affidavit about my surgery,” the statement says. “The Affidavit exonerated the hospital from any responsibility for the actions alleged in Dr. Tilzer’s lawsuit.  I was concerned about why I was being asked to sign the Affidavit, and my subsequent research uncovered the existence of the lawsuit.

“I do not know who wrote the Affidavit, but I did not give the hospital permission to share my medical information with the person who wrote the Affidavit.  I have no direct knowledge of the actions of the physicians alleged in the lawsuit, but I will not sign the Affidavit and I am exploring my options regarding the circumstances of my diagnosis and surgery.”

The statement goes on to say that the patient would not have known that his or her surgery was unnecessary but for the filing of the lawsuit and the presentation of the affidavit.

“I appreciate Dr. Tilzer’s concern for me and I wish him the best.  I want to remain anonymous, but you may use this statement as long as my name is not disclosed,” the statement concludes.

Dr. Lowell L. Tilzer says he dismissed his lawsuit because he no longer fears retaliation by the hospital. CREDIT UNIVERSITY OF KANSAS MEDICAL CENTER
Dr. Lowell L. Tilzer says he dismissed his lawsuit because he no longer fears retaliation by the hospital.
CREDIT UNIVERSITY OF KANSAS MEDICAL CENTER

In a brief statement over the weekend, Tilzer said, “I just want to say the patient’s gratitude is all I need. I just want to keep doing my job.”

Tilzer’s voluntary dismissal of his lawsuit came just a couple of days after KU Hospital moved to throw out the case, saying it contained “knowingly false statements regarding patient care at the University of Kansas Medical Center.”

“Tilzer knowingly misrepresented facts regarding a particular patient’s care in an effort to defame the Hospital Authority and his fellow physicians, and to attempt to extract additional compensation or financial benefits to facilitate his retirement,” the motion stated.

Beyond accusing Tilzer of defamation, the filing said that the case had to be dismissed because a Kansas law exempts the hospital from the provisions of the Kansas whistleblower statute – the law under which Tilzer filed his lawsuit.

A statement released by KU Hospital this afternoon said, “As we indicated from the start, there was no merit to the lawsuit. We are pleased it was voluntarily dismissed by Dr. Tilzer after it was clearly demonstrated the lawsuit had no factual or legal merit.”

The statement said that the hospital had “followed our routine practice for surgeons to fully inform patients of their diagnoses and treatments.”

“In order to respect our patient’s privacy, it would be inappropriate for us to discuss specifics of any patient situation,” the statement said.

Tilzer filed his lawsuit just four weeks ago. A former chief of pathology at KU Hospital who is still on staff, he claimed the hospital threatened to retaliate against him after he tried without success to get it to acknowledge its alleged error and then took his complaint to the Joint Commission, the entity that accredits and certifies hospitals.

After he did so, Tilzer claimed that KU Hospital President and CEO Bob Page asked him if he wanted to resign, berated him for contacting the Joint Commission, accused him of lying to the commission and described his report to the commission as “pitiful” and “despicable” behavior.

Tilzer said he learned of the misdiagnosis sometime in 2015 after the patient’s organ was removed and an examination of tissue samples revealed that it was not cancerous. He said the pathology chair, who had diagnosed the patient, then proceeded to cover up her mistake.

The lawsuit does not identify the pathology chair, but the position is occupied by Dr. Meenakshi Singh, who became chair in May 2015 when Tilzer stepped down.

Nor does the lawsuit identify the organ that was removed, but its reference to acinar cells and islet cells makes it clear that it was the patient’s pancreas.

Pancreatic cancer is often difficult to tell apart from chronic pancreatitis, an inflammatory disease of the pancreas, and the misdiagnosis may have had to do with confusing the one with the other. Both diseases produce similar symptoms, but pancreatic cancer is life threatening.

Asked to respond to the lawsuit last month, KU Hospital initially declined, then released a brief statement saying it did not believe the lawsuit “to be grounded in truth.”

It said the patient was “fully informed of the diagnosis and treatment plan after surgery and prior to leaving the hospital, and is pleased with the care and clinical outcome.”

Dan Margolies, editor of the Heartland Health Monitor team, is based at KCUR. You can reach him on Twitter @DanMargolies.

Liquor store battles prompt big changes in Great Bend

BARTON COUNTY -The Great Bend city council approved ordinances on Monday that change the hours of operation for sale of alcoholic liquor from 8 to 11 p.m. in Great Bend and will allow the Sunday sales of alcoholic liquor and cereal malt beverages in town.

Liquor storeowners requested the changes from 8 p.m. to compete with liquor stores outside of city limits that are open late and sell on Sunday.

Until 1982, liquor stores stayed open until 11 p.m. in Great Bend.

After a series of robberies that resulted in two deaths the liquor storeowners decided to close earlier.

The ordinance change will also allow WalMart, Dillons, and convenience stores to sell beverages with 3.2 percent alcohol content or less on Sundays.

The Sunday sales will not take effect until October.

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