TOPEKA, Kan. (AP) — A judge has ruled that it is “absurd” for a fired Kansas prison dental instructor to attempt to have charges accusing him of nonconsensual touching of female inmates dismissed on the grounds that the state law barring such conduct only mentions consensual sex acts.

Shawnee County District Judge Cheryl Rios rejected the Tomas Co’s argument Friday and ordered him to stand trial on Jan. 27 on five charges of unlawful sexual relations with an inmate.

Co’s attorney, Chris Joseph, said state law is ambiguous and Co shouldn’t be held accountable for the Legislature’s bad policy. But Rios said that, “The absurd result would be for an adult who doesn’t consent and is incarcerated, a corrections officer or parole officer or anyone else could do whatever they want.”

SEDGWICK COUNTY —Two suspected of drunken driving hit patrol cars in separate incidents during the weekend.

The first crash occurred early Saturday when a man identified as 58-year-old Janes Johnson driving the wrong way on a city street hit a patrol car, according to officer Charley Davidson.  The officer was able to avoid a head-on collision and was treated for minor injuries.

Police arrested Johnson on requested charges, including aggravated battery and his third DUI.

On Saturday night, a driver hit a patrol car and another vehicle while police were working an accident. Thirty-seven-year-old Lesster Raudales-Varela was stopped a short time later and arrested on possible DUI and careless driving charges.

No one was hurt in the second collision.

KANSAS CITY —Presidential candidate Beto O’Rourke is scheduled to tour the Veterans Community Project and join a roundtable discussion with VCP staff in Kansas City Tuesday, according to an email from his campaign.

Former Missouri Secretary of State Jason Kander, who in July was named to lead the organization’s national expansion efforts will join O’Rourke.

VCP Village, located at 89th and Troost in Kansas City, is an innovative community of 49 tiny houses for homeless Veterans. The homes range in size from 240 to 320 square feet, meet all local city code requirements, and connect to city utility services, according to their web site.

The nonprofit founded and run by combat veterans has worked to end homelessness among veterans in Kansas City.

O’Rourke suspended his White House bid for nearly two weeks to stay in his hometown of El Paso, where a mass shooting killed 22 people on Aug. 3.

 

The Overland Park Police Department reported that Lila Mertz was located safely tonight, and is being reunited with her family. The statewide silver alert has been canceled.
——

JOHNSON COUNTY – The Overland Park Police Department requested that the Kansas Bureau of Investigation
(KBI) issue a statewide Silver Alert for a missing Kansas City, Kan. woman.

The whereabouts of Lila Mertz, 67, are unknown, and the public’s assistance is requested to help locate her.

Her family last spoke to her in late July and reported her missing on August 16^th 2019 with the Overland Park Police Department. Ms. Mertz resides in Kansas City, Kansas in the 1600 block of N 63^rd Pl. Ms. Mertz vehicle, a gold 2000 Toyota Camry (Kansas license tag is 423 GCH) was last seen on August 8^th 2019 near 39^th Street and Prospect in Kansas City, Missouri.

If you see Mertz, or have information about her whereabouts, please immediately contact the Overland Park Police Department at 913-344-8742.

MONTGOMERY COUNTY – The Kansas Bureau of Investigation (KBI) is conducting a death investigation after a man drowned in the Verdigris River on Friday afternoon.

According to a KBI media release, just after 1:30p.m. Friday, the Coffeyville Police Dept. requested KBI assistance to investigate a drowning that occurred following a police pursuit.

Preliminary information suggests that on Aug. 16 at approximately 12:20 p.m., the South Coffeyville, Okla. Police Department received a call from a citizen who spotted an ATV that had been reported stolen from the Montgomery County Fair on Thursday night.

The ATV was first observed in Kansas, headed South on U.S. Highway 169 toward the Oklahoma border. An officer from the South Coffeyville Police Department began pursuing the ATV at a distance, and authorities from Kansas were notified. The officer saw the ATV turn north near 500 E. 1400 Rd., and travel through a field toward the Verdigris River.  Once the officer caught up, he discovered that the driver of the ATV had crashed into a tree. The officer then spotted the man struggling in the nearby Verdigris River.

The Coffeyville Police Department, the Coffeyville Fire Department, and the Montgomery County Sheriff’s Office responded to the scene.

Authorities threw ropes to the man to try to help him. An officer from the Coffeyville Police Department, and a member of the Coffeyville Fire Department entered the water and tried to rescue the man, but were unsuccessful. The man was pronounced dead at the scene.

At this time police have not positively identified the man, but expect that this will occur during the autopsy that is scheduled for Tuesday. The deceased man was a white male in his 20s.

SHAWNEE COUNTY — Law enforcement authorities are investigating a Kansas felon on new charges after a weekend arrest.

Just after 8a.m. Saturday, police responded to the 4200 block of SW 34th Street where a resident reported their house had been struck by two bullets, according to Lt. Jerry Monasmith.

In looking officers began to back track from the direction of where the gunshots had been fired. In doing so an apartment near 34th and Gage was discovered to have several holes which clearly showed shots had been fired from inside the residence.

An occupant of the apartment came out and was detained by officers.

After the execution of a search warrant, police arrested 32-year-old  Gwyndell Declerk and transported him to the Shawnee County Department of Corrections on requested charges that include Criminal Possession of a Firearm by a Convicted Felon, Criminal Discharge of Firearm; Recklessly at an Occupied Dwelling, Felony Criminal Damage to Property and Possession of Marijuana
There were no injuries reported from the gun fire.

SEDGWICK COUNTY — Law enforcement authorities are investigating a fatal shooting and have identified the victim.

Just before 3:30 a.m. Sunday, police were dispatched to a drive-by shooting at an apartment complex in the 2300 block of N. Woodlawn in Wichita, according to officer Kevin Wheeler.

Upon arrival, officers located Elbert Costello, Jr., 22, Wichita, in the parking lot who had been shot multiple times, according to Lt. Chad Beard, Commander of the Wichita Police Department gang felony assault unit.

Costello was pronounced dead on the scene. A second 24-year-old male victim arrived by private vehicle at a local hospital with gunshot wounds. He was hospitalized and in serious condition, according to Wheeler.

The preliminary investigation shows that there was an exchange of gunfire between two groups of people in the parking lot of the complex. There was damage to some of the apartment buildings and vehicles in the parking lot, but no other injuries were reported.

Detectives are actively working to identify the individuals involved in this incident. Police have released no suspect descriptions. This shooting was not a random incident, and it is believed to be gang-related.  

It is the 19th homicide in Wichita this year, according to Lt. Beard.

————–

SEDGWICK COUNTY — Law enforcement authorities are investigating a fatal shooting and looking for suspects.

Just before 3:30 a.m. Sunday,  police were dispatched to a drive-by shooting at an apartment complex in the 2300 block of N. Woodlawn in Wichita, according to officer Kevin Wheeler.

Upon arrival, officers located a 22-year-old male in the parking lot who had been shot multiple times. He was pronounced dead on the scene. A second 24-year-old male victim arrived by private vehicle at a local hospital with gunshot wounds. He was hospitalized and in serious condition, according to Wheeler.

The preliminary investigation shows that there was an exchange of gunfire between two groups of people in the parking lot of the complex. There was damage to some of the apartment buildings and vehicles in the parking lot, but no other injuries were reported.

Detectives are actively working to identify the individuals involved in this incident. Police have released no suspect descriptions. This shooting was not a random incident, and it is believed to be gang-related.

BARTON COUNTY — Law enforcement authorities are investigating a bomb threat in Great Bend.

Just before 3p.m. Sunday, Officers with the Great Bend Police Department were dispatched to Walmart 3503 10th St., Great Bend, in reference to a bomb threat, according to a media release.

It was reported a subject called the store stating there was a bomb in the store then the caller hung up.

Walmart evacuated all employees and customers from the building. Once everyone was out of and away from the building, officers from the Great Bend Police Department conducted a search of the building. There were no explosive devices located inside or around the building.  There were no injuries and police have not reported an arrest.

KANSAS CITY– A former Ohio university professor was sentenced in federal court Thursday for traveling to Kansas City to engage in sexual activity with a person whom he believed to be a 14-year-old runaway, according to the United State’s Attorney.

Kevin Connor Armitage, 54, was sentenced by U.S. District Judge Brian C. Wimes to two years and nine months in federal prison without parole.

On May 1, 2019, Armitage pleaded guilty to traveling across state lines to engage in illicit sexual conduct with a minor. Armitage was a professor of American studies at Miami University in Oxford, Ohio.

Armitage maintained a profile on a website that allows registered members to exchange information regarding commercial sex activity. The website’s public posts contain detailed accounts of sexual encounters between members and commercial sex workers, including prices and specific locations for sexual encounters. Links to well-known sex trafficking websites were posted with reviews of sexual encounters. Members of the website are able to contact the posters by private message to obtain contact information for the commercial sex workers described in the posts.

Armitage was a senior member of the website, with 576 postings that detail his prior experiences with prostitutes in Ohio, Arizona, Kansas, Colorado, and Tijuana.

On May 22, 2018, an undercover federal agent responded to a discussion thread posted by another user. Armitage contacted the undercover agent through a private message and indicated that he would be visiting the Kansas City area and was interested in recommendations. Armitage was provided a phone number for a female FBI agent, who was posing as a 14-year-old female runaway.

After several conversations, Armitage agreed to meet the 14-year-old’s cousin at a restaurant on the Country Club Plaza in Kansas City on May 30, 2018, in order to discuss payment. Once he arrived at the restaurant, Armitage was told, he would be given the address where he could meet the 14-year-old. An FBI undercover employee, posing as the cousin, met Armitage at the restaurant and he was arrested.

This case was prosecuted by First Assistant U.S. Attorney Teresa A. Moore. It was investigated by the Department of Health and Human Services, Office of Inspector General and the FBI.

PAWNEE COUNTY —Law enforcement authorities continue to look for answers after a puppy was shot and had to be euthanized in Pawnee County.

It’s been over two weeks and there are still no credible leads in the investigation, according to Pawnee County Sheriff Scott King.

The approximately 7 or 8-month-old male pit bull puppy was found on O Road between 110^th and 120^th Roads just north of Larned, according to King.  Someone shot the dog eight times with a .22 caliber rifle.

With the assistance of social media, the sheriff’s office has posted photos on Facebook, we thought we’d know something but we’ve only received dead end leads, according to King.

The sheriff said they would even appreciate anonymous leads on who owned the dog, past history, or other circumstances. King’s email is sheriff.king@pawneecountysheriff.org