Thursday, July 24, 2014

Flack case: What are the charges?

By DOUG CARDER, Herald Senior Writer | 3/12/2014

Kyle Trevor Flack, 28, Ottawa, faces four charges in connection with a quadruple homicide that occurred in spring 2013 at 3197 Georgia Road, west of Ottawa. He was bound over for trial Wednesday at the conclusion of a two-day preliminary hearing in which District Judge Thomas H. Sachse determined the prosecution team of Vic Braden, Kansas deputy attorney general, Stephen Hunting, Franklin County attorney, and James Ward, assistant Franklin County attorney, had provided sufficient evidence to support probable cause in four of five counts listed in the criminal complaint against Flack. Flack’s arraignment is scheduled for 9 a.m. April 22 in Franklin County District Court, 301 S. Main St., at which time Flack will be expected to enter a plea. If he pleads not guilty, a date will be set for his jury trial.

• Capital Murder — Flack faces one count of capital murder in connection with the deaths of Kaylie Bailey, 21, and her 18-month-old daughter, Lana Leigh Bailey. Prosecutors contend Kaylie Bailey and Lana Bailey were killed at about the same time as part of the same criminal action, which would make their deaths eligible for the capital murder charge under Kansas law. The count of capital murder is punishable by death. Prosecutors have yet to decide if they will seek the death penalty in the case. Kaylie Bailey’s body was discovered May 7 in the master bedroom of the modular home on the Georgia Road property. Her daughter’s body was recovered May 11 from Tequa Creek in Osage County, near the Osage-Franklin County line, but the medical examiner in the case testified during the preliminary hearing that Lana was killed in the same bedroom as her mother at about the same time. Both died as the result of wounds from single shotgun blasts.

• First Degree Murder — Flack faces one count of first degree murder in the death of Steven White. White’s body was discovered in a detached garage on the property. The medical examiner determined White died as the result of wounds from two shotgun blasts, either of which would have been fatal. Prosecutors are seeking a Hard 50 sentence for this count, the maximum sentence for a first degree murder charge. If convicted and sentenced to Hard 50, Flack would not be eligible for parole for 50 years.

• First Degree Murder — Flack faces one count of first degree murder in the death of Andrew Stout. Stout’s body was found in the same bedroom where the shootings of Kaylie Bailey and Lana Bailey took place. The medical examiner testified that Stout was shot at least five times by a shotgun and died as a result of those wounds. Prosecutors also are seeking a Hard 50 sentence for this count.

• Criminal Possession of a Firearm — Flack faces one count of criminal possession of a firearm. A forensics scientist with the Johnson County Sheriff’s Office Crime Lab testified at the preliminary hearing that Flack’s DNA was found on a shotgun that a firearms expert with the crime lab linked to the crime scene. The range of sentence for this crime would be dependent on the defendant’s previous criminal history.

• Attempted Rape — District Judge Sachse dismissed the single count of attempted rape against the defendant at the conclusion of the preliminary hearing because of a lack of sufficient evidence to establish probable cause.

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