Monday, December 22, 2014

Detective: Flack admitted killing Steven White, but said someone else fired first shot

By DOUG CARDER, Herald Senior Writer | 3/11/2014

A hush fell over the courtroom Tuesday morning as a detective with the Franklin County Sheriff’s Office described how Kyle T. Flack said Steven White was killed with a shotgun in late April inside a detached pole barn that served as a garage at Andrew Stout’s farmstead on Georgia Road.

The preliminary hearing for Flack, 28, Ottawa, who is accused of committing a quadruple homicide in May 2013, began Tuesday in Franklin County District Court, 301 S. Main St., Ottawa. The proceeding is scheduled to last two days.

Flack faces charges of capital murder, first-degree murder, attempted rape and criminal possession of a firearm in connection with the deaths of Kaylie Bailey, 21, Andrew Stout, 30, White, 31, and Kaylie Bailey’s 18-month-old daughter, Lana Leigh Bailey. The bodies of Kaylie Bailey, Stout and White were discovered May 6 and May 7 at 3197 Georgia Road, west of Ottawa. Lana Leigh Bailey’s body was discovered about dusk May 11 in Osage County by an Osage County Sheriff’s deputy.

Flack was arrested by Franklin County Sheriff’s officers May 8 after being apprehended in Emporia. He is being held in Franklin County Jail on $10 million bond.  

During an evidentiary hearing Tuesday morning before the start of the preliminary hearing in Franklin County District Court, Detective Jeremi Thompson, with the Franklin County Sheriff’s Office, said he was conducting an interview with Flack May 8 at the Ottawa Police Department when Flack told him that Andrew Stout and Steven White had been feuding because White had not been paying rent to stay at Stout’s farm. After White left Stout’s residence on that day in late April, Stout grabbed a shotgun and followed White out of the home to the detached garage, Thompson testified that Flack told him. Thompson said Flack then told him that Stout shot White in the chest and that White fell to the ground. Stout handed the shotgun to Flack, Thompson testified. Thompson said Flack told him that White was still alive so he fired a shot and killed him. 

“Mr. Flack said, ‘I shot him, he dies,’” Thompson told Vic Braden, Kansas deputy attorney general who is leading the prosecution team in the case. 

Thompson testified that the interview had lasted about four hours, starting at about 11:30 p.m. May 8 and ending around 3:30 a.m. when Flack requested a lawyer and the interview stopped. Before the interview concluded, Thompson said Flack told him that he and Stout covered White’s body with a tarp in the garage and placed cinder blocks on top of the tarp.

Ronald Evans, a Topeka-based court-appointed lawyer who is handling Flack’s defense, challenged the validity of Flack’s interview.

“Isn’t it correct that 23 minutes into the interview [which was before Flack described White’s death], Mr. Flack said, ‘Don’t you think I ought to get a lawyer?’” Evans asked Thompson.

“Yes, something to that effect,” Thompson told Evans.

Evans argued that Flack’s statement was in fact a request for an attorney.

Thompson said he took it as Flack asking him for advice, and Thompson said he doesn’t provide legal advice.

District Judge Thomas H. Sachse said he would allow Flack’s interview to be used as testimony in the preliminary hearing because Flack was not being coerced into making a statement and that Flack himself had told detectives he was interested in helping find the baby, Lana Bailey.

The preliminary hearing began late Tuesday morning with witnesses establishing the last time that the four victims had been seen alive, which ranged from late April for White and Stout to Kaylie Bailey and her daughter being spotted in the drive-through lane of the Burger King in Ottawa over the noon hour on May 1.

The preliminary hearing was to resume Tuesday afternoon.

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