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USD 308 schools receive 2017 Challenge Awards

HUTCHINSON, Kan. — The Confidence in Kansas Public Education Task Force named 78 schools in 28 Kansas public school districts recipients of the 2017 Challenge Awards. Three district schools were recognized in four categories.

The awards recognize Kansas schools making a notable difference in student achievement despite facing significant challenges in school population. Since its inception in 2002, more than 1,500 awards have been presented to schools across the state.

Lincoln Elementary School, third-grade math

Lincoln Elementary School, third-grade reading

Hutchinson Middle School 7, seventh-grade reading

Hutchinson Middle School 8, eighth-grade reading

Representatives from the schools received certificates Monday evening at the Hutchinson School Board meeting from State Board Member Ken Willard.

The Confidence in Public Education Task Force is a nonprofit corporation whose primary purpose is to strengthen confidence in Kansas public education and to increase awareness of the positive aspects of public education in the state. The Task Force was created in 1981.

Members of the Task Force include: American Association of University Women; Kansas PTA; Kansas Association of School Boards; Kansas National Education Association; Kansas State Board of Education; Kansas State High School Activities Association; Kansas Partners in Education; League of Women Voters – Kansas; and United School Administrators of Kansas.

Police ask for help to identify Newton bank robbery suspect

HARVEY COUNTY — Law enforcement authorities are investigating a bank robbery and asking for help to identify a suspect.

photos courtesy Newton PD

Just after 5:45 p.m. Monday, a suspect entered the First Bank of Newton South Branch, 1404 South Kansas Avenue, and communicated to the clerk his intent to commit a robbery, according to a media release.

The man left with an undisclosed amount of cash in a silver passenger car.

The man is described as approximately 5-foot-8, approximately 175-200 pounds.

No weapon was displayed during the robbery. The public is asked to use caution and call 911 if you are aware of the man’s identity.

Kan. lawmakers pass school finance, must now wait for court OK

Lawmakers may not know for months whether a deal to pump half a billion dollars into schools goes far enough to end seven years of court battles over whether the state shortchanges Kansas children.

Members of the state’s largest teachers union came to the Statehouse Saturday evening to lobby for more school spending.
CELIA LLOPIS-JEPSEN / KANSAS NEWS SERVICE

If it falls short, the Kansas Supreme Court could call them back to Topeka this summer with yet another ultimatum to send even more money to local districts.

The deal to increase public education funding squeaked through with the bare minimum of votes amid desperate Statehouse gamesmanship over the weekend.

It will boost state aid to schools over the next five years, eventually adding more than half a billion dollars in annual funding.

In coming weeks, state lawyers will prepare briefs to the Kansas Supreme Court arguing this money is enough. Lawmakers, meanwhile, will wrangle over collecting online sales taxes to help cover the cost.

“We must keep our schools open,” Gov. Jeff Colyer told reporters at 12:30 a.m. Sunday after a 16-hour legislative day. “We must have a good response to the Supreme Court. … I believe that this bill — while it’s had a robust debate — has actually achieved those things.”

The night included a high-stakes game of legislative chicken between the House and conservatives in the Senate — all amid a backdrop of hundreds of teachers clad in red shirts who packed the galleries and hallways in a show of support for education funding.

Teachers made their presence felt through 11th hour negotiations in the Kansas Capitol last weekend.
CREDIT CELIA LLOPIS-JEPSEN / KANSAS NEWS SERVICE

“I look at this as an investment in our future,” said Karen Wilkerson, who teaches in the southwest Kansas town of Ulysses. “You invest in assets all the time for your business.”

Senate leaders wanted to add half as much money to schools as the House did. They fought the House’s plan to the bitter end, filibustering all the way through a midnight deadline that would kill the school finance bill and every single other piece of unfinished business from the 2018 legislative session.

“I could go on and on,” Republican Sen. Rick Wilborn said as he decried government spending with four minutes remaining on the clock. “As a matter of fact, I think I will.”

Just seconds before midnight, frustrated House members on the other side of the building took a procedural vote to keep the clock from running out on the session. But because of how that extraordinary action toyed with legislative rules, it will complicate things in the days ahead. It gives Colyer the ability to veto bills without risk of legislative override.

“We were 90 seconds from melting down the entire session,” House Democratic leader Jim Ward said. “The Senate is a very dysfunctional body right now.”

Earlier in the day, the school finance bill had seemed on an easier path to victory. Colyer had endorsed it and Attorney General Derek Schmidt had admonished lawmakers to finish fast amid a looming court deadline.

“Each day of delay,” he wrote to them, “further damages the State’s ability to prepare a proper defense.”

House Speaker Ron Ryckman and Senate Republican leader Jim Denning held closed-door talks. The House passed a compromise bill making minor concessions to the Senate’s own school funding plan. Proponents crossed their fingers as the bill headed to the Senate.

“I’m holding my breath,” said Rep. Melissa Rooker, who helped craft the legislation, “and hoping they live up to their end of the bargain.”

House Majority Leader Don Hineman talks with House Speaker Ron Ryckman — they’re both Republicans — about options as the clock ticked toward the deadline Saturday night.
CREDIT JIM MCLEAN / KANSAS NEWS SERVICE

But optimism faded when the Senate launched into a tax debate that led to hours upon hours of discussion on amendments and parliamentary procedure.

Even after winning enough votes for that bill — which contained tax breaks that could cost the state treasury nearly $500 million over five years — Senate leaders stalled.

“I’m here standing for all my constituents,” Senate President Susan Wagle said. “My teachers, my administrators, my aircraft workers, my CPAs, my health care workers, my hotel workers, the maids. Everybody. I’m here for my whole district. I’m just not here for all the phone calls that have come in today from the teachers.”

In October, the Kansas Supreme Court found the state wasn’t meeting its obligation to suitably fund education. It pointed, in part, to the quarter of public school students lagging behind grade level in math and reading.

Dozens of school boards have helped foot legal bills for the seven-year lawsuit. Two of the state’s largest, highest-poverty districts are among its formal plaintiffs — Wichita and Kansas City, Kansas.

Their lawyers have argued the state should put at least $600 million into schools. Lawmakers opted to add less. They also phased the money over five years. That means they could face further challenges that inflation over that period will undermine the plan’s effect.

Meanwhile, groups such as the Kansas Chamber that think the courts have long overstepped their authority by meddling in school funding levels, will likely continue lobbying for a constitutional amendment to change that.

A proposal to do so passed the House judiciary committee earlier in the week.

House Democrat Pam Curtis, a member of that committee, said if lawmakers face another court order to increase school funding this summer, they could return to Topeka more eager to alter the constitution.

“I certainly wouldn’t want to see something like that give that momentum,” she said. “Because I don’t think then it’s considered in a very thoughtful manner.”

See how the House and Senate voted on the school finance bill.

Celia Llopis-Jepsen is a reporter for the Kansas News Service. You can reach her on Twitter @Celia_LJ. 

Jim McLean is managing director of the Kansas News Service. You can reach him on Twitter @jmcleanks. 

Kansas lawmakers pass $534M school funding plan

TOPEKA, Kan. (AP) — The Latest on the Kansas Legislature’s debate on increasing school funding to meet a court mandate (all times local):

12:26 a.m. Sunday

Kansas legislators have given their final approval to an increase in spending on the state’s public schools amid intense pressure to respond to a court mandate.

The Senate approved a bill early Sunday to phase in a $534 million increase in education funding over five years. The vote was 21-19.

The House approved the bill on a 63-56 vote. The measure goes to Republican Gov. Jeff Colyer, who has already endorsed it publicly.

The Kansas Supreme Court ruled in October that the state’s current education funding of more than $4 billion a year isn’t sufficient. Many Democrats said the plan will not satisfy the court.

Senate GOP leaders backed a plan to phase in a $274 million increase. They said the bigger plan will eventually force a tax increase.

___

10:40 p.m.

The Kansas Senate is debating a proposal to increase spending on public schools in hopes of meeting a state Supreme Court mandate.

Senators were moving toward a final vote late Saturday or early Sunday on a bill that would phase in a $534 million education funding increase over five years.

But majority Republicans were split over the measure and some of them were harshly criticizing the bill.

The measure is similar to a plan the House passed earlier in the week, and it approved the new plan Saturday on a 63-56 vote. Republican Gov. Jeff Colyer endorsed it as well.

The Kansas Supreme Court ruled in October that the state’s current funding of more than $4 billion a year is insufficient.

___

8:12 p.m.

The Kansas Legislature’s work on a plan for increasing school funding has stalled with tempers rising among Republicans.

The state Senate had not acted by Saturday evening on a bill that would phase in a $534 million increase in education funding over five years. The House passed it earlier Saturday on a 63-56 vote.

The Kansas Supreme Court ruled in October that the state’s current funding of more than $4 billion a year is insufficient.

Senators were having a lengthy debate over another bill rewriting income tax laws to head off the possibility that changes in federal tax laws last year might cause some Kansas residents to pay more state taxes.

They suspended the debate to pass a resolution allowing lawmakers to meet past Saturday. But the move angered some Republicans.

___

6:50 p.m.

Dozens of teachers have converged on the Kansas Statehouse to lobby for passage of a plan to increase spending on public schools.

The Kansas National Education Association organized lobbying Saturday evening in favor of a bill that would phase in a $534 million increase in education funding over five years. It is the state’s largest teachers’ union.

The House passed the bill Saturday on a 63-56 vote, but the Senate had yet to debate it. Supporters feared senators might not take it up.

Senate GOP leaders were critical of the plan.

The Kansas Supreme Court ruled in October that the state’s current funding of more than $4 billion a year is insufficient.

KNEA lobbyist Mark Desetti said the plan is probably the best that legislators can pass.

___

1:35 p.m.

The Kansas House has approved an education funding proposal that’s designed to break an impasse among Republican lawmakers over boosting spending on public schools.

The vote Saturday was 63-56. The bill would phase in a $534 million increase in education funding over five years and is similar to a plan approved by the House earlier this week.

The bill goes next to the Senate for an up-or-down vote that could send it to Republican Gov. Jeff Colyer. He has endorsed the proposal.

The Senate previously approved a plan to phase in a $274 million funding increase over five years.

Lawmakers are considering an education funding increase in response to a state Supreme Court ruling in October that the state’s current funding of more than $4 billion a year is insufficient.

—————

TOPEKA, Kan. (AP) — Big differences among Republican lawmakers over how much to increase spending on Kansas’ public schools forced them to return Saturday to the Statehouse under increasing pressure to pass a plan that could satisfy a court mandate on education funding.

Some legislators and GOP Gov. Jeff Colyer have worried that a frustrated state Supreme Court would take the unprecedented step of preventing the state from distributing dollars through a flawed education funding system — effectively closing schools statewide.

House and Senate negotiators had several rounds of talks Friday afternoon and evening to resolve the differences between their rival education funding plans. But the talks broke off abruptly Friday night when it became clear that the negotiators weren’t getting closer to agreeing on the core issue of how much to spend.

The House plan would phase in a roughly $520 million increase in education funding over five years. The Senate’s figure is $274 million.

“Folks are talking, and we’re not getting much closer,” House Speaker Ron Ryckman Jr., a Kansas City-area Republican, said Friday night. “We’re not making progress, at least not at this point.”

The Supreme Court gave Attorney General Derek Schmidt until April 30 to report on how the GOP-controlled Legislature responded to an education funding ruling last fall. Schmidt sent a letter Friday to legislative leaders in both parties, expressing “profound concern” that no school funding bill has passed.

The court declared in October that the state’s current funding of more than $4 billion a year is insufficient for lawmakers to fulfill their duty under the Kansas Constitution to finance a suitable education for every child.

Colyer and lawmakers want to avoid a tax increase, and Senate GOP leaders have excoriated the House’s plan as likely to force one within two years. Democrats do not think the House plan or the Senate plan would satisfy the court.

The Legislature had been scheduled to start its annual 2½-week spring break Saturday, then return to the Statehouse on April 26 — only four days before the court’s deadline for Schmidt. For now, legislative leaders expect to heed calls from Colyer and Schmidt to delay their break until a school funding bill has passed.

They do face a potential hurdle: Saturday was the 90th calendar day since lawmakers convened their annual session, and the state constitution requires two-thirds majorities of both houses to pass a resolution to stay in session longer. In the past, it’s not been a problem.

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Negotiations On Kan. School Spending Just Beginning

 CELIA LLOPIS-JEPSEN

Arm wrestling over a final deal on Kansas school spending begins in earnest Friday after the Senate settled on a figure that’s much lower than the House’s position.

The battle over school funding is far from over
STGERMH / FLICKR-CC

The bill squeaked through after hours of discussion, winning the last vote necessary only after leaders forced lawmakers who initially abstained to weigh in.

“We had some private talks,” Wagle said. “I felt like, that in order to keep a Republican majority in the Kansas Senate through the next election, that we need to make sure we don’t force ourselves into another tax increase.”

Sen. Carolyn McGinn was in the meeting, but wouldn’t provide details.

“I’m not in a very good mood,” she told reporters on her way out of the chamber. “There was a plea to help them move the process forward.”

Republican Sen. Dinah Sykes had prepared an amendment to bring the Senate’s bill in line with the House’s version, but backed down when it appeared destined to lose.

“I think we were close,” she said.

The Senate wants to increase education funding by between $50 and $60 million each year for the next five years. That’s about half as much money as the House wants.

House leaders say their version won’t require a tax hike — and they have backing from Gov. Jeff Colyer — but Wagle said revenue projections don’t show that.

Sen. Molly Baumgardner, who carried her chamber’s bill, pleaded on the Senate floor with her colleagues to think about programs in the bill that would help children who struggle with academics and access to college.

“All of us,” she said, “care about our kids.”

But some wanted long-term commitments to increase special education funding or other services. They worried the Kansas Supreme Court will find fault with whatever middle ground the House and Senate now reach.

Senate Democratic leader Anthony Hensley called the Senate’s bill “woefully inadequate.”

“We have to come up with an adequate amount of funding in order to take it across the street and convince those seven people,” he said, referring to the justices presiding over the fate of the seven-year lawsuit that is pushing lawmakers to hike education funding.

Republican Ty Masterson was one of the senators who initially declined to vote. In the end, he signed on despite reservations.

“This is too high,” he said, and bemoaned a lack of changes to education policy. “I’d love to see accountability, school choice.”

School choice measures that expand the public’s access to private schools have helped sweeten past school finance bills for conservative Republicans.

The Senate bill increases funding for special education and early childhood programs, and gives high school students access to the ACT college entrance exam and to advanced English coursework for college-credit. But only some of the funding carries over year to year, causing consternation from some senators who wanted guarantees.

Money in both the Senate and House bills comes on top of a $300 million increase that lawmakers approved last spring.

Sen. Lynn Rogers, a Wichita Democrat, said his years on the board of Kansas’ largest school district taught him how inflation eats into school budgets year by year. In that context, he said, schools need more.

“It is not a lot of money,” he said, “in terms of what it can do on the ground, in the school districts.”

Celia Llopis-Jepsen is a reporter for the Kansas News Service. You can reach her on Twitter @Celia_LJ. 

Wildfires east of Hutchinson started near railroad tracks

RENO COUNTY — Just before 3 p.m. Wednesday, Hutchinson Fire crews were dispatched to a grass fire in the 400 block of South Obee Road for a fire along the railroad tracks. First arriving units found a fire that had extended into the property of Excelsior, a business that uses straw. The fire engulfed several piles of straw. Additional units found multiple fires along, and south of, Avenue G, extending east to Brandy Lake Road. A total of 10 fires were found.

The largest moving fire was on the far east side. The fire jumped Avenue G when units arrived. With the assistance of Buhler, Burrton, and District 9 fire units, the fire was stopped before it reached homes off 4th Avenue and in the McKenzie Addition.

The fire between Mayfield and Kent roads was threatening a pen of horses. A fire unit was positioned there for protection.

All fires were brought under control in about an hour. Units remained at the respective locations until 8:00 p.m. — with the exception of the Obee Road fire. Straw piles continue to burn and will for several days. The piles will produce large amounts of smoke that will be noticed for miles, according to Hutchinson fire officials.

Officials say the piles are large. Even a large amount of water would not extinguish these particular straw piles.

City approves funding incentives to reopen CHS plant

HUTCHINSON, Kan. — The Hutchinson City Council gave approval to the financial incentive package that will benefit the reopening of the former CHS soy products facility.

The plant was purchased by Kansas Ethanol last week with plans to bring on 50 employees in the coming years.

The incentive package will provide funding over five years with $100,000 the first year and $25,000 for each of the following four years.

The county is providing about $50,000 in incentives as well. The incentives require the company to have at least $700,000 in annual payroll. The company says it hired back a number of essential staff members from the old CHS facility. The company hopes to open the plant in about six weeks and have 20 employees.

During the discussion, Mayor Steve Dechant and Councilperson Jade Piros de Carvalho expressed their disappointment that the county, which will equally benefit from the reopening of the facility, provided such a small incentive package.

Kansas lawmakers advance rival education funding proposals

TOPEKA, Kan. (AP) — Republican legislators in Kansas have advanced two rival plans that increase funding for public schools in hopes of satisfying a state Supreme Court mandate.

The House approved a bill Tuesday that would phase in a roughly $520 million increase in education funding over five years. The 71-53 vote sent it to the Senate.

But a special GOP-controlled Senate committee on school finance approved its own bill Tuesday. It would phase in an increase of $274 million over five years while targeting much of the new money to early childhood education. A Senate debate is next.

Many Democrats question whether either plan would satisfy the Supreme Court.

The court ruled in October that the state’s current spending of more than $4 billion a year is not sufficient under the state constitution.

Clock ticking, Republicans try, fall short on school spending bill

Republicans in the Kansas House couldn’t win enough votes Monday to increase school funding by hundreds of millions of dollars. Conservatives in their own party thought it was too much money, Democrats said it was too little.

Lawmakers are struggling to find consensus on a school spending plan.
SCOTT CANON / KANSAS NEWS SERVICE

House Majority Leader Don Hineman said legislative leaders would keep working toward a compromise and could come back with a fresh proposal on Tuesday.

“Hopefully we have a different outcome tomorrow,” he said late Monday, but added that the bill as written is “all we can afford at this point in time.”

Republican and Democratic legislators on both sides of the aisle have signaled they want to avoid a tax hike after passing a politically painful a $1.2 billion increase last year.

The bill that failed Monday by a 65-55 vote sought to end a school finance lawsuit by ratcheting up spending over the next five years. By the end of that period, annual school funding would be half a billion dollars higher than what was already budgeted for next school year.

Rep. Ed Trimmer tried but failed to tack on an extra $295 million to the ultimate annual increase to help schools deal with the effects of inflation. The Democrat said the bill, as it was designed, shortchanged schools on that front.

“I was trying to make it a true cost of living,” he said. “At least it was an improvement, getting us more on the right road.”

Democratic Minority Leader Jim Ward voted against the bill and said if Republicans want to bring in votes from his side of the aisle, they should consult with school districts suing the state about what would resolve the lawsuit.

The proposal to include more money to cover inflation appeared to take its cue from the districts pressing legal challenges on state funding. Their lawyers were listed on an informational sheet Democrats distributed during a caucus meeting earlier in the day.

An amendment from Republican Rep. Brenda Landwehr might have attracted more conservative votes, but at the cost of moderate ones.

Landwehr proposed allowing publicly funded vouchers for parents to send their children to private schools if the Kansas Supreme Court cuts off funding to public schools.

Rep. Chuck Weber, another Republican, said a policy like that could have won him over.

“We want to keep our kids going to school some place,” he said. “(Landwehr’s proposal) would have put pressure on the court to see how ludicrous it is to shut down our schools.”

The Kansas Supreme Court could block distribution of money to schools in the course of finding a funding law unconstitutional. The closest Kansas has come to that situation was in 2005.

Meanwhile, Senate Republicans may pass their own plan out of committee on Tuesday. That bill is dwarfed by the House proposal that failed. It would add $50 to $60 million in funding for schools.

Sen. Molly Baumgardner, chair of the Senate school finance committee, said the idea is to address the court’s concerns by targeting extra money at early childhood education and other programs known to help students achieve.

Both the failed House bill and the Senate bill that could advance Tuesday propose funding increases that come on top of the $300 million approved by the Legislature last year. Most of that boost took effect this school year, and the final third will be phased in next school year.

The chairman of the House tax committee had said the House’s $500 million plan could be done without a tax hike. Yet a few months ago lawmakers balked at, and were even angered by, a similar proposal from then-Gov. Sam Brownback on his way out of office.

Meanwhile, a proposal to amend the state constitution to prevent schools from battling out funding levels in court will have a hearing Tuesday.

Attorney General Derek Schmidt urged the House Judiciary Committee to let Kansans weigh in by putting a constitutional amendment on the ballot.

After decades of sparing with the court over whether they’re providing “suitable” funding for public schools, Schmidt said, lawmakers appear as deeply divided as ever.

“I don’t think we’re closer to having a clear answer after a thousand plus pages (of studies and litigation) then we were when we started,” he told the committee.

The brand-new lobbying coalition behind the push announced their membersMonday. They include the Kansas Chamber, Kansas Farm Bureau, the Kansas Contractors Association and others.

Jim McLean of the Kansas News Service contributed to this story.

Celia Llopis-Jepsen is a reporter for the Kansas News Service. You can reach her on Twitter @Celia_LJ. 
———–

TOPEKA, Kan. (AP) — The Latest on Kansas legislators’ debate over increasing spending on public schools (all times local):

5 p.m.

FILE PHOTO / KANSAS NEWS SERVICE

The Kansas House has rejected a proposal to phase in a $522 million increase in aid to the state’s public schools over five years.

The vote Monday was 65-55 against giving first-round approval to a bill that Republican leaders believed would meet a Kansas Supreme Court mandate to boost education funding. The court ruled in October that the state’s current spending of more than $4 billion a year is not sufficient under the state constitution.

Leaders of the House’s GOP majority immediately scheduled another debate on school funding for Tuesday.

Many Democrats did not think the spending increase was big enough, while some conservative Republicans wouldn’t support the increase in the bill.

GOP leaders said the measure was about as much as the state could afford without increasing taxes.

___

3:35 p.m.

Republican lawmakers in Kansas have blocked an attempt by Democrats to add more spending to a five-year education funding plan designed to satisfy a court mandate to boost state aid to public schools.

The House debated a bill Monday to phase in a $522 million increase in funding over five years. The Kansas Supreme Court ruled in October that the state’s current aid of more than $4 billion a year is not adequate under the state constitution.

Democratic Rep. Ed Trimmer of Winfield proposed making the increase in aid $295 million higher so the state would phase in an increase of $817 million over five years.

The vote was 76-46 against his amendment. Republican leaders said the bill is as much as the state can afford without raising taxes.

Newton officer cleared in fatal shooting of murder suspect

HARVEY COUNTY – A Kansas police officer has been cleared in a fatal officer involved shooting.

Montano-photo Harvey Co.

On Monday, the Harvey County Attorney David Yoder issued a final report clearing Newton Police Corporal Levi Minkevitch in the February 23, fatal shooting of David Montano.

Just after 12:30 a.m. that day, Newton Police and Harvey County Sheriff’s Deputies responded to a report of a shooting in the 2100 block of North Spencer in Newton.

Investigators on the scene of triple-murder, police shooting near Newton-photo courtesy KWCH

Arriving officers found three people Michael Lemons, 34; Nelton Dean Lemons, 36; and Jason Stubby, 36 had been murdered.

Officers observed a suspect David Lee Montano outside the residence. When officers attempted to apprehend him, he fled on foot.  Officers chased and when Montano showed a gun, officer Minkevitch shot and killed him, according to Yoder.

Below is the final report of the findings by the County Attorney

Final Report: Officer-Involved Shooting ofDavid Montano

This is the final report ofthe evidentiary review by the Harvey County Attorney Office involving the fatal shooting of David Montano on February 23, 2017.

In the preparation of this report, the undersigned reviewed all reports of law enforcement agencies involved in the case, noting the involvement ofnumerous law enforcement officers from the Newton Police Department, the Harvey County Sheriff Office, the North Newton Police Department, the Hesston Police Department, and the Kansas Bureau of Investigation (KBI). The undersigned personally reviewed the 36 written reports provided by the KBI, as well as 21 digital disks of evidence accumulated by their agency.

The undersigned is satisfied that the following facts are conclusively supported by multiple law enforcement and eyewitness accounts ofthe night in question.

At 12:32 am on February 23, 2017, Harvey County Dispatch received a 911 call from an unidentified female reporting a person or persons being shot, and that there was a manatthescenewithagun. Thefemalewastheninterruptedinhercommunicationwith Dispatch. The telephone line remained open, and the dispatcher heard background sounds of a female or females moaning and crying. The dispatcher then heard a male voice take over the phone and state to the dispatcher, “Sorry, I didn’t mean to call you.” The male then disconnected the 911 call.

Dispatch immediately notified law enforcement officers to respond to the scene of a possible active shooter, and tracked the source of the call as coming from 2111 North Spencer Road in Newton.

Local law enforcement agencies responded quickly and in force, with officers from the Newton Police Department, the Harvey County Sheriff Office, the North Newton Police Department, and the Hesston Police Department responding to the scene.

These same agencies were already on high alert due to having experienced multiple homicides prior to this event, responding to the mass shooting at the Excel plant in Hesston Kansas on February 25, 2016, and the triple homicide occurring on Spring Lake Road west ofHesston on October 30, 2016.

1

The following timeline ensued, with the primary focus on the two officers who eventually confronted David Montano:

12:33-12:37 am: Multiple law enforcement officers from the Newton Police Department, Harvey County Sheriff Office, North Newton Police Department, and Hesston Police Department arrived on scene in marked law enforcement vehicles, equipped with lights and sirens activated. This included Newton Police Department Cpls. Tony Hawpe and Levi Minkevitch. Cpl. Minkevitch was wearing the official Newton Police Department blue uniform consisting of blue short sleeve utility shirt, blue utility pants, and black boots. His shirt contained a US flag patch on the right shoulder, a Newton Police Department patch on the left shoulder, and silver in color epaulettes on both left and right collars. He was also wearing his department-issued utility belt and body armor. The body armor was worn on the outside of the utility shirt, and contained an official Newton PD silver colored police badge on the left chest and his name pin on his right chest. The lower right portion of the body armor contained a blue and black colored US flag patch, and on the back in large white letters was the word “POLICE”. Cpl. Hawpe wore similar clothing, including Newton Police Department issued tactical vest body armor, marked in the same fashion, but also having the identification “K-9” on the front and back.

Upon approaching the access road to 2111 N. Spencer Road, both Cpls Hawpe and Minkevitch observed, parked on Spencer Road near the intersection of Old Trail Road, a pickup truck which they recognized from prior law enforcement contacts as belonging to David Montano. Upon arrival on Spencer Road near the access road to the residence, law enforcement officers began a plan of approach to the residence. They expressed concerns of a concealed active shooter possibly hiding in the heavily wooded area surrounding the buildings on the property. The law enforcement officers divided into teams in order to tactically navigate the driveway to the residence.

At 12:41 am, Corporals Hawpe and Minkevitch began their approach from the east and south of the residence, approaching through the trees and grassy area south of the residential buildings. They reached a blue van parked in front of the main residence as other officer teams also reached the residential area. This location consisted of multiple buildings surrounded by trees and fields. Corporals Hawpe and Minkevitch observed other law enforcement officers making entry into the primary residential building, and they continued moving west on the south side ofthe residence in order to cover the buildings and clear the exterior. Corporals Hawpe and Minkevitch located another car, facing north, and took cover on the west side ofthe vehicle. They remained at that location to cover the house while other officers worked the interior.

While at that location, Corporals Hawpe and Minkevitch heard law enforcement radio traffic reporting there were injured victims inside the residence, along with survivors, and that the suspect was David Montano. Corporals Hawpe and Minkevitch are familiar with David Montano from prior law enforcement contacts, and know him to be heavily involved in the use and distribution of controlled substances, and has been known to be violent toward law enforcement officers in the past, as well as possessing firearms.

A t 12:47 am, North Newton Deputy Chief James Bethards, who was located inside the residence, radioed that David Montano is the suspect of the shootings and that he had fled out of the rear of the residence.

2

At 12:50 am, North Newton Deputy ChiefBethards radioed that witnesses reported David Montano had fled the residence approximately five or six minutes ago.

At 12:51 am, Corporals Hawpe and Minkevitch receive radio reports that Montano is suspected to be armed with a double-barreled shotgun and a .38 caliber handgun.

At 12:52 am, Corporals Hawpe and Minkevitch receive radio traffic advising a “code black”, meaning a deceased person, inside the residence.

At 12:55 am, Corporals Hawpe and Minkevitch receive radio reports that Montano may be in possession ofnight vision goggles.

At 12:56 am, Corporals Hawpe and Minkevitch heard radio traffic requesting a thermal imager.

At 12:58 am, two law enforcement officers exited the exterior ofthe northwest part of the residence. Corporal Hawpe informed them of his and Cpl. Minkevitch’s location, and the two officers then re-entered the residence. Corporals Hawpe and Minkevitch decided that because they are in an unsecure location with an armed suspect in their vicinity, they should move to the north side ofthe residence to secure that locationandsearchforMontano. Theywalkednorthfromtheirlocationalongatreeline to the northwest corner ofthe residence, then walked east along the north side ofthe residence, looking for Montano. After walking approximately 50 yards to the east and checking several exterior locations on the north side ofthe residence, the officers then returned to the northwest corner ofthe residence so that they could observe and provide security for both the north and west sides ofthe residence.

At 1:02 am, as Corporals Hawpe and Minkevitch neared the northwest comer of the residence, they heard the sound offootsteps rustling to the south ofthem outside the residence. Cpl. Hawpe, using the light mounted on his rifle, illuminated the area in the direction from where the sound was coming, and observed a person running westbound. Cpl. Hawpe called out “There he is!” and began to run westbound in pursuit of the suspect. Cpl. Minkevitch, who was a couple of steps behind Cpl. Hawpe, joined in pursuit. They observed a male subject wearing a white bandana wrapped around his head, shirtless, and wearing black pants, running away from them.

Cpl. Minkevitch ran to the south and Cpl. Hawpe ran at an angle to the west, to give them the greatest range to intercept the subject. Cpl. Hawpe yelled commands for the suspect to stop and show his hands. As the officers gained on the suspect, he came to a stop approximately 10 to 15 yards away from the officers. Cpls. Hawpe and Minkevitch also came to a stop and both of them illuminated the suspect with the flashlights attached to their rifles.

Cpls. Hawpe and Minkevitch recognized the suspect as David Montano, whom both personally new from prior law enforcement contact. Cpl. Hawpe gave multiple verbal commands to Montano to “Show us your hands!” They observed Montano raise his left hand but not his right hand, and both Corporals Hawpe and Minkevitch saw what they recognized as a shotgun in his right hand. Both officers observed Montano swinging the shotgun with his right hand in front ofhim. Cpl. Hawpe continued to give Montano instructions to drop the gun, and called Montano by name. Cpl. Minkevitch also began instructing Montano to drop the gun.

Montano then faced Corporals Hawpe and Minkevitch and began yelling something at them that they could not understand. Montano pointed his left hand at Cpl.

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Hawpe while continuing to swing the shotgun around in his right hand. Cpl. Minkevitch, observing that David Montano was making an aggressive action toward Cpl. Hawpe while armed with a shotgun at the ready, and having been made aware that Montano had apparently killed at least one person that night, fired multiple shots into Montano’s body. Montano fell to the ground, and Corporals Hawpe and Minkevitch made sure Montano’s hands were visible.

Other officers arrived moments later, and they all approached Montano. They observed a pump-style shotgun, black in color with a sawed-off barrel and a pistol grip, underneath Montano’s body. They also located a large fixed bladed knife with a wooden handle on Montano’s right hip. Cpl. Hawpe had brought along a portable medical bag, and they tended to his wounds, which consisted of visible gunshot wounds to his chest and abdominal region.

Newton emergency medical crews arrived shortly thereafter and began emergency medical treatment on Montano. He was transported to the Newton Medical Center, where he was later pronounced dead.

The fatal shooting of David Montano by Cpl. Levi Minkevitch was entirely warranted and justified under the circumstances in which he was presented during the early morning hours ofFebruary 23, 2017. Cpl. Minkevitch was aware from previous personal law enforcement contacts that David Montano was a known violent drug offender. He was provided with credible information from other law enforcement officers that Montano had killed at least one person, and was armed with possibly two firearms, including a shotgun. David Montano was personally observed by Cpl. Minkevitch attempting to flee the scene, armed with a shotgun. David Montano refused to comply with multiple commands by Corporals Hawpe and Minkevitch, who repeatedly instructed Montano to drop his weapon and show his hands. Corporals Hawpe and Minkevitch were in clearly identified law enforcement uniforms and Montano also personally knew the officers from prior law enforcement contacts. David Montano posed an immediate threat to both officers, and made an aggressive move toward Cpl. Hawpe while holding a shotgun. Cpl. Minkevitch had to make a split-second decision, and was justified in the use of lethal force in order to remove an immediate and imminent threat to Cpl. Hawpe, to himself, to the safety of other law enforcement officers at the scene, and to known citizen survivors at the scene.

Unknown to Cpl. Minkevitch at the time, information learned later through investigation by KBI interviews with law enforcement and witnesses substantiate the imminent lethal threat posed by David Montano.

Three victims were shot and killed by David Montano inside the residence: Michael John Lemmons, Nelton Dean Lemons, and Jason Stubby.

Multiple surviving witnesses at the scene provided consistent and credible information that David Montano drove to that location with the specific intent of murdering those individuals.

One witness, whose name shall remain offthis report for privacy purposes, reported that she was forced to accompany Montano to the scene. She informed the KBI that while being driven against her will to 2111 N. Spencer Road, she observed Montano behaving in a very violent and angry manner. She observed him anned with a shotgun and a handgun, and with what she described as a machete-type knife. She reported that while driving to the scene Montano kept saying, “Mother Earth is thirsty, she needs

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blood.” She described Montano as being shirtless, wearing black leather pants, and that he had rubbed either paint or mud all over his torso.

Although Cpl. Minkevitch could not have known all ofthis information prior to fatally shooting Montano, this information substantiates Cpl. Minkevitch’s belief in the violent and dangerous mindset of Montano at the scene, and confirms that his actions in shooting Montano likely saved more innocent lives.

It is clear from the totality of the circumstances that the decisive actions of Corporal Levi Minkevitch were well within the scope of his lawful authority as a law enforcement officer, and were entirely warranted.

 

 

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