Sunday, July 27, 2014

Timeline shows Flack’s path to trial

By The Herald Staff | 3/12/2014

Kyle Trevor Flack, 28, has been bound over for trial in connection with a quadruple homicide in spring 2013 at 3197 Georgia Road, west of Ottawa. The following is a timeline of the events leading up to the conclusion of Flack’s preliminary hearing noon Wednesday in Franklin County District Court, 301 S. Main St., Ottawa.

• Monday, May 2, 2005: Flack shoots Steven Dale Free five times with a small-caliber handgun on the evening of May 2 near a garage on Free’s property in Ottawa. Free reportedly had fired Flack earlier that day. Free would survive the attack but dies in December 2011. 

Kyle Trevor Flack, 28, has been bound over for trial in connection with a quadruple homicide in spring 2013 at 3197 Georgia Road, west of Ottawa. The following is a timeline of the events leading up to the conclusion of Flack’s preliminary hearing noon Wednesday in Franklin County District Court, 301 S. Main St., Ottawa.

• Monday, May 2, 2005: Flack shoots Steven Dale Free five times with a small-caliber handgun on the evening of May 2 near a garage on Free’s property in Ottawa. Free reportedly had fired Flack earlier that day. Free would survive the attack but dies in December 2011. 

• Monday, Sept. 12, 2005: Flack is sentenced to 59 months in state prison for intentional attempted murder in the second degree after pleading no contest in the shooting of Free in Franklin County District Court.

• Thursday, July 9, 2009: Flack is paroled after serving less than four years of a nearly five-year sentence, according to the Kansas Department of Corrections.

2013

• Between April 20 and April 28: Steven White is murdered.

• Between April 28 and May 6: Kaylie Bailey and Andrew Stout are murdered. Andrew Stout fails to report for work April 29 at American Eagle Outfitters.

Kaylie Bailey and her 18-month-old daughter, Lana Bailey, are last seen by a friend at about noon May 1 in the drive-thru line of Burger King in Ottawa and later are reported missing May 3. 

• Monday, May 6: Friends of Andrew Stout go to his residence at 3197 Georgia Road and call 911 at 12:16 p.m. and report the discovery of a body hidden under a tarp in the detached garage. The body later is identified as Steven White.

• Monday, May 6: Staff from the Franklin County Sheriff’s Office, Ottawa Police Department and Kansas Highway Patrol begin the initial investigation. The Johnson County Sheriff’s Office Crime Scene Unit responds to the Georgia Road property to assist in processing the crime scene.

• Monday, May 6: During the search of the modular home on the 4.7-acre Georgia Road property, investigators find an adult male body. The body later is identified as Andrew Stout.

• Tuesday, May 7: The Major Case Squad, known as the M-Squad, is activated to assist the Franklin County Sheriff’s Office. The squad includes more than 40 detectives from numerous area law enforcement agencies.

• Tuesday, May 7: Investigators discover a second adult body inside the residence about 8 a.m. The body later is identified as Kaylie Bailey. 

• Tuesday, May 7: About 6 p.m., Frontier Forensics lab begins conducting autopsies of the deceased to identify them and to try and determine causes or times of death. Dr. Erik Mitchell, a forensics pathologist, later would testify that an exact time of death could not be pinpointed because of the decomposition of the bodies. 

• Tuesday, May 7: Authorities identify Kyle Trevor Flack, who lived at the modular home with Stout and White, and Cyle Bailey, former brother-in-law of Kaylie Bailey, as persons of interest in the case. Authorities later speak with Cyle Bailey and eliminate him as a person of interest.

• Tuesday, May 7: The 2007 black Toyota Corolla, in which Bailey and her daughter were last seen in May 1, is found unoccupied 8:30 p.m. in Emporia.

• Wednesday, May 8: Flack is located at 12:19 a.m. at a friend’s apartment in Emporia. He is held on an outstanding Osage County warrant, and detectives begin to interview him. The friend, Kenneth Douglas, later would testify that Flack called him May 3 from the parking lot at the Walmart in Emporia and asked if he could stay at his apartment. Flack remains at Douglas’ apartment from May 3 until he is transported to the Emporia Police Department about 12:30 a.m. May 8. 

• Wednesday, May 8: The victims’ bodies are identified as Kaylie Bailey, 21, Andrew Stout, 30, and Steven White, 31. Lana Bailey remains missing.

• Wednesday, May 8: The sheriff’s office requests an Amber Alert be activated for Lana Bailey, but the Kansas Bureau of Investigation denies the request, citing the fact the toddler’s disappearance and photo had been widely publicized since the investigation began Monday.

• Wednesday, May 8: A worker at the waste treatment station in Emporia discovers a discarded shotgun among refuse. 

• Thursday, May 9: After a four-hour interview that ends about 3:30 a.m. at the Ottawa Police Department, Flack is arrested and booked into Franklin County Jail on suspicion of first degree murder.

• Thursday, May 9: Sheriff Jeff Richards tells reporters at a press conference in front of his office 305 S. Main St., Ottawa, that information developed overnight indicates Lana is presumed dead and to be a victim of homicide. The investigation is upgraded from a triple homicide to a quadruple homicide.

• Thursday, May 9: The M-Squad continues to follow up on hundreds of tips and leads in the case.

• Thursday, May 9: Search teams involving more than 150 law enforcement officers — some mounted on horseback while others walk shoulder-to-shoulder — continue to search the 3197 Georgia Road property and surrounding countryside for Lana.

• Thursday, May 9: The National Center for Missing and Exploited Children assists with the search for Lana.

• Thursday, May 9: The Federal Bureau of Investigation offers its assistance with the investigation.

• Thursday, May 9: Search of Georgia Road property and surrounding countryside is suspended at dusk.

• Friday, May 10: The search for Lana resumes Friday morning and is extended to Emporia, where the car associated with Kaylie Bailey and Lana was recovered. “We have dive teams in ponds, rivers and streams,” Richards said. “We’re searching anywhere that we can.”

• Friday, May 10: Stephen Hunting, Franklin County attorney, files eight charges against Flack that include two counts of capital murder, four counts of murder in the first degree, one count of rape and one count of criminal possession of a firearm.

• Friday, May 10: Flack makes his first court appearance 4 p.m. before District Judge Eric Godderz in Franklin County District Court. Godderz assigns Topeka attorney Ronald Evans to represent Flack and sets his bond at $10 million.

• Saturday, May 11: Blake Reker, Osage County Sheriff’s deputy, spots items that caused him to pause and investigate further at the Tequa Creek bridge on Stubbs Road in Osage County, near the Franklin County line — leading to the discovery of a body in the creek thought to be that of Lana Bailey, Franklin County Sheriff Jeff Richards announced during a 1 a.m. press conference May 12 in front of his office, 305 S. Main St., Ottawa. 

• Friday, May 17: Vic Braden, Kansas deputy attorney general, takes the lead on the prosecution team at the request of Stephen Hunting, Franklin County attorney, to make the additional resources of the state attorney general’s office available to Franklin County prosecutors.

• Friday, July 5: The body found in Tequa Creek is positively identified as that of Lana Bailey, the Kansas Attorney General’s Office announces.

• Monday, July 8: District Judge Thomas H. Sachse schedules a series of status conferences over the course of the next seven months to consider motions being filed by the prosecution and defense leading up to Flack’s preliminary hearing March 11-12, 2014.

2014

• Thursday, Feb. 21: The prosecution amends the charges against Flack to one count of capital murder in the deaths of Kaylie Bailey and Lana Bailey, one count of first degree murder in the death of Andrew Stout, one count of first degree murder in the death of Steven White, one count of attempted rape and one count of criminal possession of a firearm.

• Tuesday, March 11: During an evidentiary hearing before the scheduled preliminary hearing in the quadruple homicide case, District Judge Sachse rules statements made by Flack to Det. Jeremi Thompson, with the Franklin County Sheriff’s Office, admissible in the court proceedings. Thompson testifies that Flack admitted during an interview after his arrest to shooting White, but says Stout fired the first shot.

• Wednesday, March 12: At the conclusion of the two-day preliminary hearing, Sachse determines the prosecution provided sufficient evidence to bind Flack over for trial on one count of capital murder, two counts of first degree murder and one count of criminal possession of a firearm. The judge dismisses the one count of attempted rape because of insufficient evidence.

• Tuesday, April 22: Flack’s arraignment is scheduled to be heard before District Judge Eric Godderz. Flack is expected to enter a plea at the arraignment. If he enters a plea of not guilty, a jury trial will be scheduled.

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