Judge finds probable cause to send Flack to trial; attempted rape charge dismissed
By The Herald Staff | 3/12/2014
It’s official. Kyle T. Flack will face a jury in the killings of four people in May 2013.
Judge Thomas Sachse bound Flack, 28, Ottawa, over for trial Wednesday at the conclusion of Flack’s preliminary hearing in Franklin County District Court. He will head to trial on four of the five counts he was facing in the case. A court date has not yet been set.
Flack is charged with capital murder, first-degree murder, and criminal possession of a firearm in connection with the deaths of Kaylie Bailey, 21, her 18-month-old daughter Lana Bailey, Andrew Stout, 30, and Steven White, 31. The judge determined the prosecution had presented probable cause to head to trial on those counts.
Sachse dismissed an attempted rape charge against Flack Wednesday.
The bodies of Kaylie Bailey, Stout and White were discovered May 6 and May 7 at 3197 Georgia Road, west of Ottawa. Lana Bailey’s body remained missing until May 11, as law enforcement agents and other search parties combed the area for the baby.
Earlier Wednesday, testimony revealed all four victims had died as a result of gunshot wounds.
The deaths of Lana and Kaylie Bailey are listed under the one count of capital murder on an amended complaint released last month by the Franklin County Attorney’s Office. If convicted, Flack could face the death penalty in the capital murder charge. Prosecutors have yet to indicate if they will seek the death penalty in the case.