By GRANT HEIMAN
KU Statehouse Wire Service

TOPEKA — Due to inconsistencies in statutes regarding sentencing for alleged felons who commit another felony while out on bond, the Kansas Sentencing Commission introduced House Bill 2046 to rectify the issue. On Monday, the House Committee on Corrections and Juvenile Justice began hearings for the bill.

HB 2046 aims to clarify the sentencing regulations for offenders who commit felonies while on a bond. The bill would amend Statute 21-6606(d), giving discretionary power to judges to decide whether a person out on felony bond who commits another felony will serve consecutive or concurrent sentences if found guilty of both crimes.

Currently, one statute requires consecutive sentencing in such a situation while a separate statute appears to give the district court discretion to decide between concurrent and consecutive sentencing, according to testimony provided by the Kansas Sentencing Commission.

“The proposed amendment does not preclude the district court from sentencing an offender to consecutive sentences when they commit a new felony crime while on felony bond,” said Scott Schultz, executive director of the Kansas Sentencing Commission in an email after the committee meeting. “It simply makes consecutive sentencing discretionary rather than mandatory.”

In the Sentencing Commission’s testimony, Schultz cited the unpublished decision in Carpentier v. State by the Kansas Court of Appeals, in which the defendant, David Carpentier, was arrested on charges of driving under the influence while out on bond from a previous DUI arrest. He was convicted in both cases but allowed to serve the sentences concurrently. The Court of Appeals held that the district court has discretion to issue sentences consecutively or concurrently when an individual is found guilty of a felony while out on felony bond.

However, the Kansas County and District Attorney’s Association (KCDAA) opposed the bill. Kim Parker, prosecutor coordinator for the KCDAA, likened the potential effects of the bill to that of punishing a child once for two instances of bad behavior.

“If we say don’t put your hand in the pumpkin pie and the child does, we may set the child in the time out chair for two minutes,” Parker said. “Let them up, and they put their hand in the pie again and we say, ‘Oh well, you already served your two minutes.’ That’s what concurrent sentencing is.”

The KCDAA’s opposing testimony noted that it fails to see any clarification in regard to the existing statutes, stating that the rules “reflect a clear statement of long-standing public policy for criminal sentencing,” according to a memo from the association.

HB 2046 has the potential to lower incarceration rates and the potential to save money by increasing the number of concurrent rather than consecutive sentences. Parker said these savings for the state come at the cost of the victims.

“This measure may indeed serve to free up bed space, and I know the cost of incarceration is of concern to our legislators and our legislative body, but the cost of a measure like this is only born on the backs of crime victims,” Parker said.

Grant Heiman is a University of Kansas junior from Wichita majoring in journalism.

SHAWNEE COUNTY — One person died in an accident just before 3:30a.m. Thursday in Shawnee County.

The Kansas Highway Patrol reported 2006 Pontiac G6 driven by Dana MichelleThowe, 51, Topeka, was eastbound in Interstate 70 at Fairlawn. The vehicle was traveling too fast for road conditions and rear-ended a 2003 Sterling KDOT truck doing snow removal.

Thowe was pronounced dead at the scene. The truck driver Wasson, Caleb AnthonyWasson, 39, Topeka was not injured.  Thowe was not wearing a seat belt, according to the KHP.

By JOHN HANNA

TOPEKA, Kan. (AP) — Democratic Gov. Laura Kelly’s election victory suggested that Kansas repudiated past GOP fiscal policies, yet voters also encouraged top Republicans to pursue income tax relief by giving conservatives more power in the Legislature.

The contradiction is driving a political clash coming to a head quickly, with the state Senate advancing a tax bill Wednesday. The proposal is designed to keep Kansas residents and businesses from paying higher income taxes to the state because of changes in federal tax laws at the end of 2017.

Providing the tax relief would threaten Kelly’s agenda of boosting spending on public schools, expanding state Medicaid health coverage for the needy and rebuilding parts of state government she believes fell into disrepair under GOP governors. Earlier this week, she called the tax bill a “redo” of failed fiscal policies.

She also pledged repeatedly on the campaign trail last year to accomplish her goals without increasing taxes. Republican leaders argue that if they fail to adjust state taxes following the federal overhaul that would amount to raising taxes on individuals and businesses, which would effectively break Kelly’s promise.

Kelly’s aides have called the tax bill irresponsible and the governor argues that she was elected because voters wanted her to fix state government and avoid fiscal mistakes of the recent past. But many Republican legislators are unimpressed: She won with 48 percent of the vote as conservatives picked up seats in the GOP-controlled Legislature at the expense of moderate Republicans who might have helped her.

“I don’t think she had an election mandate at all,” said Sen. Ty Masterson, a Wichita-area Republican, chairman of a group of conservative lawmakers calling itself the Kansas Truth Caucus.

The federal overhaul is expected to raise revenue in some states and lower it in others. Officials in GOP-led Georgia, Idaho, Iowa, Missouri and Utah cited new revenues in justifying state tax cuts adopted last year. Yet in Arizona, Republican Gov. Doug Ducey last week vetoed a tax relief bill from GOP lawmakers, calling it “poorly conceived.”

In Kansas, Kelly’s campaign last year tapped voter frustration with state income tax cuts championed by former Republican Gov. Sam Brownback, which lawmakers rolled back in 2017 because of the budget woes that followed.

Conservative GOP nominee Kris Kobach made adjusting state tax laws in response to the federal tax overhaul a major issue, while Kelly said legislators should wait to consider changes.

She told reporters Monday: “I can’t imagine why anybody who was here in 2012 and lived through the Brownback tax cuts and the experiment would even consider voting for that bill.”

Kelly added in an Associated Press interview Wednesday: “I’ve consistently said for over a year now that we need to let the dust settle.

“I’m very confident that the people of Kansas are behind me,” she said.

Policies championed by President Donald Trump and Republicans in Congress slashed federal income taxes but included provisions forcing some to pay more to their home states. The federal standard deduction increased — discouraging itemizing — and it triggered a change in Kansas because its tax code is tied to federal law.

The result is that thousands of Kansas residents will pay higher taxes because they claimed itemized deductions on state returns and now can’t if they don’t itemize on their federal returns.

The measure being debated in the Senate Wednesday would allow state filers to claim itemized deductions even if they do not on their federal returns, and it also provides relief from state taxes for businesses triggered by the federal changes. The Kansas Department of Revenue estimates that the bill would save taxpayers $192 million during the budget year beginning in July.

“This is a tax increase if we do not pass this bill,” said Sen. Richard Hilderbrand, a conservative Republican from the state’s southeastern corner.

Republicans also argue that when voters heard that Kelly wouldn’t increase taxes, they saw it as a pledge that they wouldn’t pay more to the state.

“We look forward to her honoring that commitment,” said Eric Stafford, a lobbyist for the Kansas Chamber of Commerce, which is backing the bill. “I don’t know how you can parse it any other way.”

But Sen. Tom Holland, a northeast Kansas Democrat, said it’s no surprise that Republicans and their allies are “going to stretch” the governor’s no-tax-increase pledge.

“It’s not fair at all,” he said.

Projections from legislative researchers show that the state could not provide the proposed tax relief and boost spending on public schools and other parts of the budget as much as Kelly wants without facing a budget shortfall again in 2022.

ST. CHARLES, Mo. (AP) — The president of Lindenwood University’s flagship campus in suburban St. Louis has been placed on paid administrative leave but says he’s been given “no reason why.”

Michael Shonrock says he expects to be fired Friday, when Lindenwood’s Board of Trustees meets. There’s no published agenda.

Shonrock was the president of Emporia State University in Kansas before coming to the St. Charles-based Lindenwood in June 2015. Shonrock says he has received favorable reviews each year. He was placed on leave Tuesday in a letter that he said “doesn’t describe any rationale at all.”

A university spokeswoman says the school doesn’t comment on personnel matters. The president of Lindenwood’s Belleville, Illinois, campus was placed on administrative leave in November and is no longer at the university.

Shonrock holds a Doctor of Philosophy (Ph.D.) from the University of Kansas, an Educational Specialist (Ed.S.) from Pittsburg State University, and a Master of Science (M.S.) and Bachelor of Science (B.S.) from Western Illinois University, according to his bio on the Lindenwood website.

SHAWNEE COUNTY — Law enforcement authorities are investigating a case of vandalism and asking the public for help to identify a vehicle.

According to a social media report from Topeka police, just after 12:30a.m. February 2, a driver struck vehicles in the lot of John Hoffer Chrysler Jeep, 3220 SW Topeka Boulevard.

The suspect vehicle appears to be a blue truck, possibly with an extended cab.

If you were in the area and witnessed this, or know any information contact police. The dealership is also offering a reward for information that leads to an arrest.

MEADE COUNTY – A California man pleaded guilty Monday to driving more than 29 pounds of methamphetamine to Kansas, according to U.S. Attorney Stephen McAllister.

Christian Delgado-Lopez, 30, Dana Point, Calif., pleaded guilty to one count of possession with intent to distribute methamphetamine. The Kansas Highway Patrol stopped Delgado-Lopez for a traffic violation in Meade County. Troopers found 14 packages of methamphetamine weighing 13.6 kilos (29.9 pounds) in his vehicle.

Sentencing is set for April 12. He faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. McAllister commended the Kansas Highway Patrol and Assistant U.S. Attorney Kimberly Rodebaugh for their work on the case.

COWLEY COUNTY — Law enforcement authorities are investigating a hit and run injury accident and asking the public for help to locate a vehicle.

Just after 1a.m. Wednesday, police responded to an accident, which occurred in the 1800 block of South Summit Street in Arkansas City, according to a media release.

Police found a 2002 Chrysler PT Cruiser with substantial damage.

Police suspect, based on evidence gathered at the scene, that the PT Cruiser was struck by a northbound 2012 or 2013 Chevrolet Silverado 2500 pickup truck on the South Summit Street bridge.

The truck apparently was northbound on U.S. 77 when it struck the rear of the PT Cruiser, driving it into the east guardrail. The Silverado then crossed the median, struck the west guardrail and returned across the median to the southbound lanes, again striking the PT Cruiser.
T

he driver of the Silverado fled the scene northbound into Arkansas City, but left behind vehicle parts that helped to identify the make and model of the truck.

The victim of the hit-and-run was transported to South Central Kansas Medical Center with head and facial injuries. The PT Cruiser has substantial front-end, front fender and rear-end damage.

The suspect’s Silverado should have substantial damage to its front end, right front fender and left front fender. The vehicle could be missing one or both headlight assemblies, as well.

Anyone who has any information about this crime, or who spots this Chevrolet Silverado 2500 pickup truck or the suspect, is asked to call the Arkansas City Police Department at (620) 441-4444.

PAWNEE COUNTY – The Special Agent Supervisor Nicholas Yeager with the Kansas Department of Corrections (KDOC) has  submitted Probable Cause Affidavits to the Pawnee County Attorney’s Office for review regarding the disturbance on November 6, 2018  at the Larned Correctional Mental Health Facility (LCMHF), according to a media release.

“Based on a review of the affidavits, I believe there is sufficient evidence to charge the twenty individuals identified by Department of Corrections staff as being primarily responsible for the riots and damage at LCMHF,” stated Pawnee County Attorney Doug McNett.

“There is no evidence to support any breach of the individual housing units in the Central Unit. Accordingly, my office is legally treating this as four self-contained riots occurring contemporaneously within the Central Unit.”

The following individuals have been charged and warrants issued: Curtis Core, 26; Manuel Acevedo, 27; Richard Peterson, 40; Joey Terrazas-Garcia, 23; Jacob Bagby, 20; Lance Sutton, 22; Alexis Banuelos, 21; Caesar Hermosillo, 25; Nathaniel Dipman, 20; Anthony Reed, 22; Kab Issa, 20; Jesse Bellamy, 25; Leo, Wells, 22; Joshua Tucker, 22, Joshuah Blake, 21; Nicholas Aldridge, 19; Darrell Pettus, 23; Marcel Wamser, 22; and Aaron McDonald. Each identified inmate was charged with (1) Incitement to Riot; (2) Criminal Damage to Property in excess of $1,000, but less than $24,999; and (3) Rioting.
First Appearances have not yet been scheduled.

The crime of Incitement to Riot is a Severity Level 8 person felony and carries a sentence between 7 and 23 months depending on a defendant’s criminal history.

It should be noted that despite still having “mental health” in the facilities name, on May 23, 2017, KDOC announced a change in the mission of LCMHF to young adult male offenders who have identified needs for educational and/or substance abuse services.

 

SHAWNEE COUNTY — Law enforcement authorities are investigating a suspect wanted in connection with a felony arrest warrant who barricaded himself inside a home.

On Tuesday evening, police responded to the 700 block of SW College in Topeka, reference an attempt to locate an man with a felony arrest warrant, according to Lt. Andrew Beightel.

The man identified as 32-year-old Bobby D. Slocum did not comply with officer’s orders or requests to come out of the residence. It was discovered that others were also in the house, including children.
Topeka Police Departments Crisis Negotiators and Response team responded to the scene.

After several hours, officers were able to talk Slocum out of the house, where he was taken into custody without incident. The other household members were also unharmed and are now safe.

Slocum is being held on requested charges that include Aggravated Kidnapping, Aggravated Assault, Aggravated intimidation of a witness, Aggravated endangerment of a child, interference with a Law Enforcement Officer and the felony arrest warrant.

SALINA — The Board of Trustees at St. John’s Military School in Salina announced Wednesday that the school will not reopen after the current year.

According to a media release, St. John’s will continue to operate through May 11.

The following is the text of an email that was sent from Col. William J. Clark, St. John’s Military School President:

With heavy hearts, the Board of Trustees announces that the 131st Corps of Cadets, will be the last at St. John’s Military School; the school will not reopen after the current year.

St. John’s will continue to operate through May 11 culminating with a celebration of its rich history during Commencement Weekend. Until that time, the education and leadership opportunities offered to cadets will remain robust and daily routines will be maintained.

Considerable research, thought, contemplation, discussion, and prayer has factored into this arduous decision. For over 131 years, St. John’s has been a school dedicated to helping young men grow spiritually, morally, intellectually, and physically in a safe environment.

For several years, school leaders have sought to sustain St. John’s through a variety of strategies. However, the landscape of education has changed dramatically resulting in lower enrollment and unsustainable higher costs of operations. This, combined with St. John’s having unfairly become a target for legal cases and negatively biased and misleading portrayals by some media outlets, has created an insurmountable situation that school leaders have been unable to overcome.

The Board of Trustees has chosen to make this difficult decision and announcement now in order to allow current families and staff as much time as possible to make alternative plans for the next school year. Programs are in place to offer as much assistance as possible to families placing sons in other schools, as well as assisting staff and faculty in seeking future employment.

The school will continue to update the St. John’s Family and public as more information becomes available.

LAWRENCE, Kan. (AP) — University of Kansas officials say crimes reported on the Lawrence campus in 2018 dropped to the lowest level in 10 years.

The Office of Public Safety said in a news release Wednesday that 619 crimes were reported last year, down 8 percent from 670 in 2017.

The report found theft continues to be the most common crime, with 150 reported in 2018. That was followed by drug crimes, with 113 reports, and property damage, with 91 reports.

Assault reports rose significantly from 2017, with a total of 34, up from 14 in 2017.

Nine sex offenses were reported in 2018, up from five from the previous year. Reported rapes dropped from four to two.

Sexual assaults that are reported to university administration or other law enforcement departments aren’t included in the report.

KANSAS CITY, Kan. (AP) — Kansas City, Kansas, fire officials say woman and a dog died in a house fire.

Assistant Fire Chief Morris Lechter says a man was able to escape the fire early Wednesday.

The house was engulfed in flames when firefighters arrived. The woman and dog were discovered after firefighters knocked down the blaze.
The cause of the fire is under investigation.