HUTCHINSON – A Kansas man sentenced to 28-years in prison in 2012 in connection with a police standoff at a motel in Hutchinson was in Reno County Court on Monday asking for a new trial.
The Kansas Court of Appeals sent the case against Deron McCoy Jr., 32, back to District Court
McCoy Jr. represented himself in court on Monday.
He argued that officers didn’t have probable cause to enter the motel room where he held them at bay for 4 hours. He is apparently suing them in federal court claiming excessive force. He presented the state with all of the depositions from that lawsuit. He also filed a motion for a new trial based on what he claims is newly discovered evidence, but the state apparently didn’t have a copy, so wasn’t prepared to argue against it.
The case centers on a domestic dispute when McCoy and the mother of his child were arguing over whether he would give her their child, but also whether she would enter the motel room.
McCoy was staying in a room at the Budget Inn Motel at 4th & Washington. After repeated attempts to contact him, police officials decided to rush into the room because they learned he had a gun and also because of fear for a child in the room.
McCoy allegedly pointed the gun in the direction of a woman he calls his sister. He was also of using the baby as a shield in front of his head when officers entered. He denies that he ever held the baby to shield himself.
After arguments from both sides on Monday, Judge Chambers gave McCoy 30-days to include any arguments he wants to make to be granted a new trial. Then the state will be given 30-days to file their own brief in response.
TOPEKA, Kan. (AP) — The Fraternal Order of Police has accused incumbent Shawnee County Sheriff Herman Jones of attempting to stop deputies from exercising their right to participate in political campaigns.
According to a news release from the group, Jones issued a memo through legal counsel to officers informing them that active participation in political campaigns by any officers or sheriff’s office employees violates Kansas law and could lead to termination of their employment.
The Topeka Capital-Journal reports it could not reach Jones for comment.
Exceptions for political participation include the sheriff, undersheriff, secretarial employees, clerical employees, cooks and maintenance personnel.
Fraternal Order of Police Lodge No. 3 president Kristen Marr says the group has directed its attorneys to respond to the memo.
Fernando Neave-Ceniceros- photo Kan. Dept of Corrections
WICHITA, Kan. (AP) — A Texas man whose life was ruined by a convicted child sex offender who stole his identity has seen his impostor sentenced in a federal courtroom in Kansas.
Marcus Calvillo of Grand Prairie, Texas, can now begin to repair the havoc left from a decades-long ordeal that prosecutors call one of the most devastating identity theft cases they’ve seen.
Fernando Neave-Ceniceros was sentenced Monday to a year and a day for misusing a Social Security number. His plea deal will help prosecutors clear his victim’s name more quickly.
Neave-Ceniceros says he feels bad and is sorry. He says he never meant to hurt anybody.
Calvillo told the court he is now 45 years old and would like to have what’s left of his life solely to himself.
HUTCHINSON— One of the four suspects in two Kansas home invasion cases will spend the next 20 years in prison. He was sentenced in Reno County on Friday.
Dakota Anderson, 19, Hutchinson, was convicted of aggravated kidnapping, two counts of aggravated robbery, one count of aggravated battery, two counts of aggravated burglary for two home invasions in May of 2014 in the 3600 block of Rockwood Drive and at a residence in the 3400 block of North Waldron in Hutchinson.
One of the victims, a 92-year-old World War II veteran testified during the trial that he was awakened by three men who hit him in the head with a gun and then forced face down on his bed with a gun to the back of his head.
He says he was then robbed of a number of items including his war medals including his purple heart and gold and silver stars, $450.00 in cash, his van and some of his late wife’s jewelry.
When allowed to speak at his sentencing, Anderson told the judge that what happened to the victims is tragic, but still claims he innocent. He plans an appeal.
Photo by Andy Taylor Dr. Julie Stewart of the Community Health Clinic of Southeast Kansas spoke about the medical conditions of uninsured patients who visit her nonprofit clinic in Coffeyville. Many of them fall in a coverage gap and make too much to qualify for Medicaid but too little to qualify for subsidized health insurance through the Affordable Care Act
Dr. Julie Stewart doesn’t want political candidates and elected officials to show up at her nonprofit medical clinic in Coffeyville for photo opportunities, grant announcements or organized tours.
Instead, the Coffeyville physician would like those officials to take a personal interest in the patients who have chosen Stewart’s Community Health Clinic of Southeast Kansas because they have no health insurance options.
“I want you to come help me take off their socks so you can see the sores of a diabetic patient who has no health insurance,” Stewart said. “And then I want you to get on the ground in front of them and wash their feet.”
Such medical procedures are more than commonplace for Stewart. In Coffeyville, medical providers and clinics have seen an increase in traffic since the October 2015 closure of Mercy Hospital in nearby Independence.
Stewart spoke Wednesday at a town hall meeting in Independence organized by the Alliance for a Healthy Kansas, which is hosting a series of meetings as it works to build support for Medicaid expansion in an election year.
The Alliance is funded by several health philanthropies including the Kansas Health Foundation, the primary funder of the Kansas Health Institute, the parent organization of the editorially independent KHI News Service.
After Mercy Hospital’s closure, Independence and the surrounding area have become ground zero for the debate over Medicaid expansion and what it means for rural health care.
$5.9 million for Montgomery County
Since the start of 2014, when the main provisions of the Affordable Care Act took effect, 31 states and the District of Columbia have expanded Medicaid eligibility to adults earning up to 138 percent of the federal poverty level, according to the Kaiser Family Foundation.
Kansas is one of 19 states that have not expanded eligibility for Medicaid. The annual income limits in expansion states are $16,242 for an individual and $33,465 for a family of four. In Kansas, only adults with dependent children are eligible for KanCare, the state’s privatized Medicaid program, and then only if their annual incomes are below 28 percent of the poverty level, which for a family of four is $9,216. Pregnant women, children and the elderly and disabled Kansans are eligible under less restrictive income caps.
Wednesday’s meeting in Independence was largely attended by political candidates and elected officials, which gave medical professionals like Stewart a platform to explain what they are experiencing since the closure of Mercy Hospital and how the lack of Medicaid expansion has sent the uninsured to emergency rooms, community clinics and jails for medical care.
Sheldon Weisgrau of the Kansas Association for the Medically Underserved in Topeka said Montgomery County has more than 3,600 uninsured residents, including about 1,400 who would be eligible for Medicaid under expanded eligibility.
“At $4,229 per person per year, that means Medicaid expansion would have brought $5.9 million to Montgomery County,” said Weisgrau, adding that expansion also could have led to the creation of as many as 38 medical jobs in Montgomery County.
Mark Woodring, CEO of Coffeyville Regional Medical Center, said the hospital continues to be challenged by the growing tide of uninsured persons who use its emergency room for medical care.
It is the only hospital in Montgomery County. Additionally, the hospital only receives about 20 cents on every $1 of reimbursed medical care.
“Tell me any other business that is guaranteed a loss of 80 cents on the dollar while dealing with more patients and surrounded by more needs,” Woodring said. He added that Medicare reimbursements were pared before Medicaid expansion became a topic of debate in Kansas.
That’s because the Affordable Care Act included provisions so that states would see a reduction in Medicare reimbursements for uncompensated care under the assumption that Medicaid expansion would reduce such care. Because Kansas has not expanded eligibility for Medicaid, hospitals like Coffeyville’s were forced to shoulder reduced reimbursement rates — and get nothing in return.
Woodring also said Coffeyville city taxpayers agreed to a half-cent sales tax initiative in April that will go toward the local hospital’s emergency department and medical operations. It marked the first time in Coffeyville history that a dedicated tax subsidy is used solely for a hospital’s services.
All other sales taxes related to the Coffeyville hospital have been dedicated to building and maintenance of facilities.
Vulnerable rural hospitals
Joanne Smith, former marketing director for Mercy Hospital, said the lack of Medicaid expansion was one of several factors that led to Mercy’s decision to close last year. She said had Medicaid expansion occurred when Mercy was going through a “discernment” process that began in 2014, the hospital could have received as much $1.6 million in additional Medicaid reimbursements.
The hospital had an estimated $3 million annual loss when it closed in 2015, so Smith said Medicaid expansion would not have solved all of Mercy’s financial woes.
However, it would have affected the bottom line to the point that closure may not have been a final solution. “Closure was one of several options confronting Mercy officials during its discernment, but it was just one of those options that no one ever thought would happen,” Smith said.
“No one would ever believe that Independence could be without a hospital.” Weisgrau encouraged Kansas residents to take their concerns to elected officials, especially those in the Kansas Legislature where Gov. Sam Brownback and other Republican legislative leaders have blocked discussion of Medicaid expansion. Opponents of expansion cite state cost-sharing responsibilities, which begin next year, and an aversion to enlarging government health care programs.
In Kansas, some 30 hospitals, most of them in rural markets, are considered vulnerable to closure because of the lack of Medicaid expansion, Weisgrau said.
“It would be a shame that we could lose more hospitals just to get candidates to pay attention to this issue … but that’s what will happen,” he said. That warning also went to the core of Stewart’s presentation, which contained anecdotes about uninsured patients whose conditions required advanced medical attention — far more than what her nonprofit clinic can provide.
“There are a lot of working Kansas who fall in the gap that has been caused by the lack of Medicaid expansion,” she said. “Change needs to happen.” — Andy Taylor is editor of the Montgomery County Chronicle.
Fatal crash on Monday north of Topeka- photo courtesy Luke Ranker, Topeka Capitol Journal
SHAWNEE COUNTY – A Kansas man died in an accident just before 10a.m. on Monday in Shawnee County.
The Kansas Highway Patrol reported a 2010 Dodge Charger driven by William Jay Fisher Fondren, 24, Topeka, was northbound on U.S. 75 at NW 46th north of Topeka.
The vehicle left the roadway and the driver over corrected.
The Charger traveled across the southbound lanes, rolled several times and the driver was ejected.
Fondren was pronounced dead at the scene and transported to First Call.
He was not wearing a seat belt, according to the KHP.
CUSHING, Okla. (AP) — Authorities say they have found the body of a Kansas woman who went missing Sunday after skydiving in northern Oklahoma.
Lincoln County Emergency Management Director Wendi Marcy on Monday said authorities have alerted the Kansas woman’s family they found the body, but referred The Associated Press to county Sheriff Charlie Dougherty for other details.
Marcy said she did not know the name of the woman. Dougherty could not be immediately reached by phone or email.
Television station KFOR reports multiple law enforcement agencies had been searching for the woman after her parachute was found in a wooded area near Cushing, Oklahoma.
Marcy says she does not know how authorities identified the woman’s body.
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CUSHING, Okla. (AP) — Crews in Oklahoma are searching for a missing skydiver whose parachute has been recovered.
Local media report the skydiver, a woman in her 20s from Kansas, jumped around 3:45 p.m. Sunday near Cushing. Her parachute was found in a wooded area, but she wasn’t with it.
Red Cross volunteers in Cushing supporting search and rescue for missing skydiver. pic.twitter.com/TnOrN9ufBr
Multiple law enforcement agencies and the Red Cross are assisting in the search, and Lincoln County Sheriff Charlie Dougherty says crews will be working through the night.
TOPEKA, Kan. (AP) — A Kansas foster care and family preservation contractor says it has begun an internal review of allegations raised in a federal lawsuit that one of its caseworkers sexually harassed and coerced a mother seeking to regain custody of her children.
The Topeka Capital-Journal reports that St. Francis Community Services President and CEO Robert Smith discussed the allegations in a statement released Friday. The statement says St. Francis strives to “protect any individual entrusted to our care.”
The statement comes after the organization initially declined to comment, citing an open investigation.
A Sedgwick County woman is suing St. Francis and a former employee, accusing him of taking advantage of his authority over her. The lawsuit says chronic insufficient staffing led to inadequate supervision. The woman is seeking $75,000 in damages.
SHAWNEE COUNTY— Law enforcement authorities in Shawnee County have arrested a suspect in the shooting death of a driver who crashed into a Topeka apartment building.
Shane Seibert, 24, has been booked into jail on suspicion of first-degree murder and criminal possession of a firearm by a felon, according to a media release.
First responders found the driver, Xavier McCullough, 28, Topeka, unresponsive early Saturday after report of a one-vehicle crash into a building.
McCullough, the only occupant of the vehicle was transported to a hospital where he was pronounced dead, according to the media release.
Police said the victim and suspect knew each other and had a dispute before the crash. Authorities are urging anyone with information to come forward.
TOPEKA, Kan. (AP) — Kansas sent a delegation dominated by Bernie Sanders supporters to a Democratic National Convention controlled by Hillary Clinton.
Local party leaders are hoping past divisions heal enough that the presidential race in their Republican-leaning state isn’t a blowout.
Sanders delegates go into this week’s convention in Philadelphia with differing opinions about whether a proposed party platform is progressive enough.
Republican nominee Donald Trump made a direct appeal in his acceptance speech to Sanders supporters on trade and campaign finance reform.
But the issue for Kansas Democrats appears more to be whether the Vermont senator’s backers embrace Clinton or stay home, rather than whether Trump can win them over.
Kansas has long been considered a safe GOP state. The last Democrat to carry it was President Lyndon Johnson in 1964.
The Kansas Department of Health and Environment samples publicly accessible bodies of water for blue-green algae when the agency receives reports of potential algae blooms in Kansas lakes. Based on sampling results, KDHE reports on potentially harmful conditions.
Lakes under a Warning are not closed. Marinas, lakeside businesses and park camping facilities are open for business. If swim beaches are closed, it will be specifically noted. Drinking water and showers at parks are safe and not affected by algae blooms. Boating and fishing are safe on lakes under a Warning, but contact with the water should be avoided. It is safe to eat fish caught during a harmful blue-green algae outbreak, as long as the fish is rinsed with clean water; only the fillet portion is consumed and all other parts are discarded. Hands should also be washed with clean water after handling fish taken from an affected lake. Zoned lakes may have portions fully open for all recreation even if other portions are under a Warning.
Kansans should be aware that blooms are unpredictable. They can develop rapidly and may float around the lake, requiring visitors to exercise their best judgment. If there is scum, a paint-like surface or the water is bright green, avoid contact and keep pets away. These are indications that a harmful bloom may be present. Pet owners should be aware that animals that swim in or drink water affected by a harmful algal bloom or eat dried algae along the shore may become seriously ill or die.
Public Health Warning: High levels of toxic blue-green algae have been detected. A Public Health Warning indicates that activities like boating and fishing may be safe; however, direct contact with water (i.e., wading, skiing and swimming) is strongly discouraged for people, pets and livestock.
Kansas public waters currently under a Warning status:
ATCHISON COUNTY PARK LAKE, Atchison County
LAKE AFTON, Sedgwick County
MELVERN OUTLET POND, Osage County
MILFORD RESERVOIR, (Zone C) Clay, Dickinson and Geary Counties
When a Warning is issued, KDHE recommends the following precautions be taken:
Lake water is not good to drink for pets or livestock
Lake water, regardless of blue-green algae status, should never be consumed by humans
Water contact should be avoided
Fish can be eaten as long as they are rinsed with clean water, consume only the fillet portion, and discard all other parts
Do not allow pets to eat dried algae
If lake water contacts skin, wash with clean water as soon as possible
Avoid areas of visible algae accumulation
KDHE will update these statements as conditions warrant.
First responders on the scene of Sunday night stabbing -photo courtesy KAKE
WICHITA, Kan. (AP) — Police are investigating a deadly weekend stabbing in Wichita.
The Wichita Eagle reports that the stabbing happened just after 9:10 p.m. Sunday a few blocks west of Wichita West High School. The name of the victim wasn’t immediately released.
Police are expected to release more details Monday morning at City Hall.
The Kansas Department of Health and Environment samples publicly accessible bodies of water for blue-green algae when the agency receives reports of potential algae blooms in Kansas lakes. Based on sampling results, KDHE reports on potentially harmful conditions.
