Saturday, August 30, 2014

Flack case: Four things to know

By DOUG CARDER, Herald Senior Writer | 3/13/2014

JURY TRIAL AHEAD

At the conclusion of a two-day preliminary hearing Wednesday, District Judge Thomas H. Sachse found there was sufficient evidence to bind over Kyle T. Flack, 28, Ottawa, for trial in connection with a quadruple homicide in spring 2013 at 3197 Georgia Road, west of Ottawa. Sachse set Flack’s arraignment for 9 a.m. April 22, at which time Flack would be expected to enter a plea to the charges of one count of capital murder, two counts of first degree murder and one count of criminal possession of a firearm in connection with the deaths of Andrew Stout, 30, Steven White, 31, Kaylie Bailey, 21, and Bailey’s 18-month-old daughter Lana Bailey. If Flack enters a not guilty plea at arraignment, a jury trial would be set.

JURY TRIAL AHEAD

At the conclusion of a two-day preliminary hearing Wednesday, District Judge Thomas H. Sachse found there was sufficient evidence to bind over Kyle T. Flack, 28, Ottawa, for trial in connection with a quadruple homicide in spring 2013 at 3197 Georgia Road, west of Ottawa. Sachse set Flack’s arraignment for 9 a.m. April 22, at which time Flack would be expected to enter a plea to the charges of one count of capital murder, two counts of first degree murder and one count of criminal possession of a firearm in connection with the deaths of Andrew Stout, 30, Steven White, 31, Kaylie Bailey, 21, and Bailey’s 18-month-old daughter Lana Bailey. If Flack enters a not guilty plea at arraignment, a jury trial would be set.

NEW JUDGE

After binding quadruple homicide defendant Kyle T. Flack over for trial Wednesday, District Judge Thomas H. Sachse set Flack’s arraignment for 9 a.m. April 22. Flack faces criminal charges in connection with the deaths of Andrew Stout, 30, Steven White, 31, Kaylie Bailey, 21, and Bailey’s 18-month-old daughter Lana Bailey. 

Sachse announced in court Wednesday that District Judge Eric Godderz would preside over the arraignment — where Flack is anticipated to enter a not guilty plea — and the remainder of the case. The judge did not offer an explanation for why he would not be presiding over the arraignment and likely jury trial. 

Sachse presided over Flack’s 2005 trial in which the defendant was sentenced to 59 months in state prison for intentional attempted murder in the second degree after pleading no contest in the shooting of then 47-year-old Ottawa resident Steven Dale Free May 2, 2005. Flack was paroled in July 2009 from prison after serving less than four years of his 59-month sentence.

When asked by reporters at a press conference after Wednesday’s preliminary hearing if Flack might have received too light of a sentence for that 2005 shooting, Stephen Hunting, Franklin County attorney, defended the judge’s actions and said Flack’s sentence had been appropriate. Hunting described the judge as “fair and thoughtful,” and said he sentenced Flack in accordance with Kansas sentencing guidelines at that time, based on Flack’s criminal history at the time.

FIVE SHOTS

Kyle T. Flack is no stranger to crimes in which a lethal weapon was used. In September 2005, Flack was sentenced to 59 months in prison for shooting Ottawa resident Steven Dale Free five times with a small-caliber handgun, according to Herald archives. Free would survive the attack but died in December 2011. Dr. Erik Mitchell, a forensics pathologist who performed autopsies on the four victims of the Georgia Road shootings last spring, testified during Flack’s preliminary hearing Wednesday that one of the victims, Andrew Stout, had been shot five times with a shotgun.

HOLD THE STARCH

Marciel Hernandez, a backhoe operator at the City of Emporia’s waste transfer station, spied a partial shotgun covered in mashed potatoes and spaghetti as he was pushing refuse at the transfer station May 8. Firearm and forensics experts with the Johnson County Sheriff’s Office Crime Lab have since linked the mashed potato-covered Winchester 12-gauge shotgun to Kyle T. Flack. The accused Ottawa man’s DNA was found on the shotgun, and a spent shotgun shell at the scene of the crime was positively identified as having been fired from that shotgun, according to expert testimony Wednesday at Flack’s preliminary hearing. Flack has been bound over for trial in the case.

comments powered by Disqus