WICHITA, Kan. (AP) — Health officials say Kansas has recorded its first flu deaths of the season.
The Kansas Department of Health and Environment says two deaths in the state have already been directly attributed to influenza as of Monday. Pneumonia has been the direct cause of death in another 38 deaths, and the flu or pneumonia has been contributing factors in an additional 132 deaths.
In last week’s KDHE flu report for Kansas, there were 101 outpatient visits for influenza-like illnesses. The newborn to 4 years old age group had 29 reported cases for the first week of the flu season.
Flu shots are generally recommended for anyone age 6 months and older. Flu symptoms include a fever, body aches, chills, tiredness, cough and headache.
SEDGWICK COUNTY — The trial for a man charged in the killing of a 3-year-old Kansas boy and hiding the body in concrete is beginning this week in Wichita, according to a schedule released from the Sedgwick County Attorney.
Bodine-photo Sedgwick Co.
In April, Stephen Bodine was bound over for trial on two counts of first-degree felony murder, two counts of aggravated kidnapping, one count of child abuse and one count of aggravated child endangerment.
The ruling came after testimony in the preliminary hearing detailed verbal and physical abuse the boy suffered before his body was found in September of 2017 in a home he shared with his mother, Miranda Miller, and Bodine, who was Miller’s boyfriend.
Miller-photo Sedgwick Co.
Miller, who is charged with first-degree felony murder in her son’s death, will be allowed to plead guilty to second-degree murder and other charges after she testifies against Bodine.
SHAWNEE COUNTY — Law enforcement authorities are investigating a suspect on numerous charges after a high-speed chase.
Just before 10p.m. Monday, police observed a white Pontiac driving at a high rate of speed in the 1300 block of SW Gage in Topeka, according to Lt. Manuel Munoz.
The driver continued east on SW 10th and went into the westbound lanes almost striking two vehicles. Police attempted to stop the driver, but the driver failed to stop and initiated a pursuit. The pursuit terminated in the 1100 block of SW 4th when the driver struck a parked vehicle that then struck a home.
The driver of the vehicle was identified as Raymond Arthur Johnson, 55 of Topeka.
He was transported to a local hospital to be treated for injuries sustained in the accident. Officers also located illegal narcotics believed to be methamphetamines in the vehicle.
Johnson has previous convictions for aggravated burglary and drugs, according to the Kansas Department of Corrections.
RENO COUNTY— A Kansas man who entered a plea in a sexual battery and kidnapping case will face a preliminary hearing after he was allowed to withdraw his plea.
Pedraza
Victor Pedraza Jr., 21, will now face all of the original charges, including three counts of rape, kidnapping, arson, battery-domestic violence, possession of marijuana, possession of drug paraphernalia and criminal damage which were dismissed as part of a plea agreement.
On Monday, the state notified the court and the defendant that there will be no additional offers made in the case.
Pedraza is accused in the beating of a college student from Japan he had been dating off and on. He then set her passport and documents on fire. Police say the victim was tied to a bed and beaten, then forced into sex three times. The state originally entered the agreement so the victim would not have to return to the U.S. to testify. The state wanted to have the victim testify via Facebook from Japan to avoid the cost of flying her to Hutchinson, which could cost thousands of dollars
A preliminary hearing is scheduled for October 24.
Four transgender residents of Kansas sued the state on Monday, challenging its refusal to allow them to change the sex listed on their birth certificates.
Luc Bensimon is one of four transgender individuals suing Kansas officials over the state’s refusal to to allow them to change the sex listed on their birth certificates. Credit DAN MARGOLIES
The lawsuit, filed in federal court in Kansas City, Kansas, argues that Kansas’ policy violates the due process and equal protection clauses of the Constitution. It also argues that it violates the plaintiffs’ free speech rights under the First Amendment.
“I’m here to seek justice,” said Nyla Foster, a transgender woman and one of the plaintiffs. “My birth certificate does not reflect the gender I identify as, and I’m here to correct it so I can move forward with my life.”
Kansas, Ohio and Tennessee are the only three states that don’t allow people to change their birth certificates to reflect gender identities that differ from genders assigned at birth.
Although Kansas law does provide for the correction of a person’s gender identity – driver’s licenses, for example, can be amended – the Kansas Division of Vital Statistics claims it does not have the authority to amend birth certificates to account for gender transition.
Nyla Foster, one of the four plaintiffs suing Kansas officials, says her birth certificate does not reflect ‘the gender I identify as.’ CREDIT DAN MARGOLIES /
The suit names as defendants Jeff Anderson, secretary of the Kansas Department of Health and Environment; Elizabeth W. Saadi, the Kansas state registrar; and Kay Haug, director of the state’s vital statistics office, a unit of the Department of Health and Environment.
Theresa Freed, a spokeswoman for the department, said the issue has already been litigated in a Kansas court.
“The court in that case determined that the amendment of a birth certificate regarding gender is not required,” Freed said in an email. “We would not be able to speak to the allegations of this particular lawsuit, as we have not yet been served.”
Freed was referring to a ruling in a case brought by Topeka resident Stephanie Mott, who sued the state in 2016 so that she could list her gender as female on her birth certificate. A Shawnee County judge ruled against her.
Freed added that the department doesn’t have the authority to change an individual’s birth certificate, “with the exception of minor corrections or by court order.”
“Gender identity would not be considered a minor correction,” she said.
In addition to Foster, the plaintiffs suing state officials are Luc Bensimon; Jessica Hicklin; an individual identified only as C.K.; and the Kansas Statewide Transgender Education Project Inc., better known as K-STEP. They’re represented by Lambda Legal, a national organization that advocates for lesbian, gay, bisexual and transgender people, and the law firm of Bryan Cave Leighton Paisner.
At a press conference in front of the federal courthouse in Kansas City, Kansas, on Monday, Omar Gonzalez-Pagan, an attorney with Lambda Legal, explained why the organization was challenging the state’s policy.
“A birth certificate is more than a piece of paper,” he said. “It is the quintessential identity document that follows a person from birth till death.”
Gonzalez-Pagan said birth certificates can determine access to education, employment, healthcare, travel and the ability to obtain other identification documents.
Foster said she was challenging Kansas’ policy “because it is the last document that doesn’t reflect who I truly am.”
“It creates different barriers for me as far as getting a job, applying for housing or health insurance,” she said.
Luc Bensimon, Foster’s fellow-plaintiff, said the state’s policy made it easier for people to discriminate against him, “on top of the discrimination I already confront based on my disability.”
Bensimon has a mild form of cerebral palsy.
“It’s frustrating,” he said. “For me, it’s not about the individuals here but about the generation coming up.”
In recent years, Kansas has been hostile to the idea of expanding legal protections to include LGBT individuals.
And in 2015, then-Gov. Sam Brownback rescinded an executive order by former Gov. Kathleen Sebelius offering legal protection against discrimination to LGBT employees of the state.
Pedro Irgonegaray, the attorney who represented Stephanie Mott two years ago in her unsuccessful effort to amend her birth certificate, described Kansas’ LGBT policies as “regressive, abusive, uneducated and misguided.”
“We need to be more enlightened in how we deal with transgender individuals,” he said. “Unfortunately, transgender individuals, females, in particular, are the subject of abuse, violence, for no other reason than that their gender identity is incongruent with their sexual organs. And until we evolve as a state to set aside superstitions about transgender individuals and recognize the science involved, I fear that these abuses are going to continue.”
Dan Margolies is a senior reporter and editor in conjunction with the Kansas News Service. You can reach him on Twitter @DanMargoli
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KANSAS CITY, Kan. (AP) — A federal lawsuit is challenging a Kansas policy that prohibits changing the gender designation on birth certificates for transgender people.
Lamba Legal says Kansas is one of three states, along with Tennessee and Ohio, with similar policies.
The lawsuit was filed Monday on behalf of four people and the Kansas Statewide Transgender Education Project. It seeks an order forcing state officials to provide birth certificates that reflect a transgender person’s sex consistent with their gender identity.
The Kansas Department of Health and Environment said in an email that the issue was previously litigated in a state court.
Its spokeswoman said the department does not have the authority to change a birth certificate except to make minor corrections or by a court order. Gender identity is not considered a minor correction.
TOPEKA —Four Sumatran tiger cubs were born Monday at the The Topeka Zoo and Conservation Center. Zoo staff and around 400-600 people watched the birth live from streaming web cams available here.
Photo courtesy Topeka Zoo
Second time mother Jingga is doing a perfect job taking care of the litter. Immediately after each was born, she began cleaning them and helped them into position to nurse.
The pairing between 8 year old Jingga and 7 year old, Sanjiv, was recommended by AZA’s Tiger Species Survival Program. Sanjiv is a first time father. Sumatran tigers live solitary lives in their range territories and he won’t have an active role in raising the cubs.
“Our Sumatran tigers represent one of our most well rounded conservation programs,” said Zoo Director Brendan Wiley. “We actively participate in breeding a critically endangered species and our community supports active conservation initiatives in their range territory.”
The cubs are currently in a den box inside the tiger building. Most of their first three months will be spent inside either in or near the den box. “When they get to be about three months old, they are typically big enough and steady enough to begin venturing outside when the weather is warm enough. They are after all tropical tigers,” said Wiley. Until they start venturing outside, the KTWU live streaming web cams will be the best way to see them.
If Jingga cooperates, the cubs will be weighed Tuesday. One key health indicator is weight gain and their weight at one day old will serve as the base line data.
Sumatran Tigers are the smallest of the tiger species and are critically endangered. There are less than 500 left in the wild. There are thirty zoos in North America that are working with Sumatran tigers. Collectively they manage a population of about 78 tigers with a goal of getting the population up to 150 animals. At 150 animals, it is estimated that healthy genetic diversity could be managed for 100 years. During that 100 year time frame, it is hoped that zoos can fix enough of the issues in their range territories to make it safe enough to begin reintroducing tigers back into the wild.
WASHINGTON – The Kansas congressional delegation today called on Federal Communications Commission (FCC) Chairman Ajit Pai to restore sufficiency and predictability to the Universal Service Fund (USF) High Cost program’s budget. The letter was signed by every member of the delegation, including U.S. Senators Jerry Moran (R-Kan.) and Pat Roberts (R-Kan.) and U.S. Representatives Roger Marshall (KS-01), Lynn Jenkins (KS-02), Kevin Yoder (KS-03) and Ron Estes (KS-04).
“Full funding of the program, as designed, helps ensure that rural Kansans have access to high-quality, affordable broadband and voice services comparable to those available in urban areas as mandated by the Telecommunications Act of 1996,”the members wrote.“These services are necessary if rural communities are to compete in a global economy. The insufficient and uncertain USF budget continues to hamper rural providers’ efforts to strategically invest in rural broadband at a time when the federal government has made rural broadband a national priority.”
“In Kansas, the budget control mechanism resulting from insufficient funding is estimated to eliminate support that carriers would otherwise have received for deployment of broadband by nearly $13,000,000 over the 2018-2019 twelve-month period,” the members continued. “As a result, providers need to postpone or even cancel broadband investments, which reduce the availability of rural broadband and increase consumer broadband rates in rural areas. These reductions also put at risk the ability of providers to pay back loans for investments already made. Nearly 50 percent of Kansas land mass is served by rural carriers, and their services remain invaluable to the rural communities they serve.”
Full text of the letter can be found here and below.
The Honorable Ajit Pai
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
Dear Chairman Pai:
We write to urge immediate action by the Federal Communications Commission (FCC) to restore sufficiency and predictability to the Universal Service Fund (USF) High Cost program’s budget. Full funding of the program, as designed, helps ensure that rural Kansans have access to high-quality, affordable broadband and voice services comparable to those available in urban areas as mandated by the Telecommunications Act of 1996. These services are necessary if rural communities are to compete in a global economy.
The insufficient and uncertain USF budget continues to hamper rural providers’ efforts to strategically invest in rural broadband at a time when the federal government has made rural broadband a national priority. Therefore, we appreciated your commitment at the FCC oversight hearing held by the Senate Commerce, Science, and Transportation Committee on August 16, 2018, to take action by the end of the year.
As you are aware, the USF High Cost program remains a critical tool for millions of rural Americans along with the economic competitiveness of rural businesses that the program aims to serve. Additionally, all four of the universal service initiatives rely on the health of this program’s budget. However, the High Cost program’s budget has remained at stagnant levels since 2011. It remains critical that all components of the USF evolve with innovations in technology while also accounting for inflationary adjustments in future budgets. Accordingly, the FCC’s recent USF High Cost order and responses to its Further Notice of Proposed Rulemaking reinforce the need for sufficient and predictable support for the long-term health of the program.
In Kansas, the budget control mechanism resulting from insufficient funding is estimated to eliminate support that carriers would otherwise have received for deployment of broadband by nearly $13,000,000 over the 2018-2019 twelve-month period. As a result, providers need to postpone or even cancel broadband investments, which reduce the availability of rural broadband and increase consumer broadband rates in rural areas. These reductions also put at risk the ability of providers to pay back loans for investments already made. Nearly 50 percent of Kansas land mass is served by rural carriers, and their services remain invaluable to the rural communities they serve.
As mentioned in prior letters and in-person discussions emphasizing the importance of the USF High Cost program’s budget, we urge the FCC to establish a sufficient and predictable budget that will eliminate the digital divide of broadband availability and affordability while recognizing the long-term benefits that these assets provide. We appreciate the Commission’s thoughtful actions and acknowledgement of this vital program that assures affordable broadband for rural American consumers and businesses.
WICHITA – A man on Monday admitted he was armed while selling a dangerous mixture of fentanyl and heroin, according to U.S. Attorney Stephen McAllister.
Perkins -photo Finney County
Adrian Lashawn Perkins, 41, Garden City, Kan., pleaded guilty to one count of unlawful possession of firearms in furtherance of drug trafficking. The case began when Perkins sold drugs to undercover investigators.
When they served a search warrant at Perkins’ apartment, investigators found packages of fentanyl-laced heroin and four guns including a 9 mm handgun on the floor, a .22 caliber pistol under a couch, a 9 mm handgun under the mattress at the foot of a bed, and a 9 mm handgun in an unlocked safe next to the bed.
Fentanyl is a powerful synthetic opioid that is considered dangerous even in small amounts. The Justice Department has issued warnings to first responders urging them to protect themselves from exposure to it.
Sentencing is set for Jan. 3. The parties have agreed to recommend a sentence of seven years in federal prison. McAllister commended the Garden City Police Department, the Finney County Sheriff’s Office and Assistant U.S. Attorney Matt Treaster for their work on the case.
WICHITA, Kan. (AP) — Records show that a Wichita woman had fled with her six children and summoned police three weeks before her estranged husband ran her off the road, shot and killed her.
Kristen Florio-Gile -photo GoFundMe
Wichita police and court records show 33-year-old Kristin Florio-Gile had taken at least three steps to protect herself and her children from Randy Gile. Florio-Gile was killed on Oct. 6 before Gile shot himself.
Her family says the system failed Florio-Gile.
Records show Wichita police arrested Gile for felony aggravated assault after he threatened Florio-Gile on Sept. 15. He bonded out of jail within a day.
Police had an order to arrest him again in early October for allegedly violating a protective order. The appointment for considering charges was Oct. 10, four days after Florio-Gile was killed.
Following a lengthy investigation by the I-135/I-70 Drug Task Force, a Salina Police Department SWAT Team and the Kansas Highway Patrol served a search warrant at the Econo Lodge in the 600 Block of Westport Boulevard in Salina, according to Captain Paul Forrester.
During the search, officers located a stolen motorcycle and seized methamphetamine, marijuana, and drug paraphernalia.
Police arrested Kaytlan Tanner, 23, Salina, on one count of possession of marijuana, and two counts of possession of drug paraphernalia. Justin Seaman, 41 Salina, was charged with one count of distribution of methamphetamine, one count of possession of stolen property, one count of possession of a depressant, two counts of possession of drug paraphernalia, and one count of no drug tax stamp.
Douglas-photo Saline Co.Burns -photo Saline County
Clarence Douglas, a 51-year-old male from Salina, was charged with one count of possession of methamphetamine and one count of possession of drug paraphernalia.
Brannon Burns, 32, Lubbock, Texas, was charged with one count of possession of methamphetamine, one count of possession of marijuana and two counts of possession of drug paraphernalia.
FOXBOROUGH, Mass. (AP) – The New England Patriots say they have banned from Gillette Stadium a fan who threw beer in the face of Kansas City Chiefs receiver Tyreek Hill late in the Patriots’ 43-40 win.
Image courtesy NBC
After scoring on a 75-yard pass with just over three minutes to play in Sunday’s game Hill’s momentum carried him through the back of the end zone and into the padded wall.
Fans made obscene gestures and threw beer at him.
The Patriots said in a statement the person broke the team’s fan code of conduct and “will be sent a letter of disinvite to all future events at Gillette Stadium.”
No name was released.
The matter has been turned over to law enforcement and Foxborough Police Chief William Baker says his department is investigating.
KANSAS CITY —The Kansas City Sports Commission announced Monday that U.S. Gymnastics Championship will be held at Sprint Center in Kansas City next summer.
U.S. Olympic gymnast Laurie Hernandez helped make the announcement on Monday. The championships are scheduled for August 8-11.
EUREKA, Mo. (AP) — Six people have managed to spend 30 hours in coffins as part of a ghoulish promotion at Six Flags St. Louis.
Image courtesy Six Flags
Each won their coffin, two season passes and other prizes. The challenge started Saturday afternoon with a “laying to rest ceremony” and ended with a “raising from the dead.”
Participants emerged only for bathroom breaks and a series of mini-challenges.
The winners were professional wrestler Brian Johnson, of Arnold; hearse driving, haunted house operator Matt Daley of Topeka, Kansas; forensic science student and aspiring medical examiner Olivia Crabtree of Naperville, Illinois; funeral director Stacey Wagner of Thomasboro, Illinois; vampire enthusiast Stevi Rogers of Fort Wayne, Indiana; and Navy veteran Keith Richter of Atoka, Tennessee, who served on an “Iron Coffin” submarine.
