CLAFLIN – Trevor Robert Cates, 40, passed away September 17, 2018, in rural Stafford County. He was born in Great Bend, December 11, 1977, to Bob and Alvita (Tinkel) Cates. He married Megan Drake August 1, 2009 at Estes Park, Colorado. She survives.
A lifetime Claflin resident, Trevor was a member of Immaculate Conception Church. He was an ASE certified auto technician for his father, at Bob’s Service Center in Claflin. Trevor enjoyed golfing, cars, grilling and camping.
Survivors include, his wife, Megan Cates of the home; daughters, Sierra Drake of Salina, Emma Williams and Hadley Cates of the home; his parents, Bob and Alvita Cates of Claflin; one sister, Tamara Dody and husband Jason of Claflin; four nephews, Paxton, Peyton, Prycen and Parker Dody of Claflin and grandmother, Thelma Cates. He was preceded in death by his grandparents, Albert and Laura Tinkel and V. E. Cates.
Visitation will be held from 11:00 a.m. to 2:00 p.m., Thursday, September 20, 2018, at Bryant Funeral Home and from 4:00 p.m. to 8:00 p.m. at Immaculate Conception Church, Claflin, with Vigil Service at 7:00 p.m. Mass of Christian Burial will be at 10:00 a.m., Friday, September 21, 2018, at Immaculate Conception Church in Claflin with Father Terrance Klein presiding. Interment will be in the Claflin Cemetery.
Memorials are suggested to the Daughter’s Education Fund or Donor’s Choice, in care of Bryant Funeral Home
Condolences may be sent and notice viewed at www.bryantfh.net
Press Release from the Barton County Attorney’s Office…
Barton County Attorney Amy Mellor responded to a press release issued by Barton County Sheriff Brian Bellendir on September 14. Bellendir’s statement regarded the dismissal of an aggravated arson charge the previous day against Zachariah Dittrick at the beginning or what was scheduled as a “first setting” preliminary hearing in Barton County District Court.
Mellor stated that this charge was dismissed due to a miscommunication, not through the fault of her office. You can read the press release sent from the Barton County Sheriff’s Office here.
Dittrick was never released from jail, as he is also being held in another Barton County District Court case in which he is charged with aggravated domestic battery. His bond set at $20,000 in that case.
Mellor explained that in Kansas, when a person is charged with one or more felony crimes, the case is set for a preliminary hearing. At that hearing, a judge determines whether there is sufficient evidence, or probable cause, to hold the person for trial on those felony charges. The hearing judge does not, however, determine guilt or innocence.
“That’s what a trial will be about,” said Mellor.
Kansas law also dictates that the first preliminary hearing must be set within 14 days of a defendant’s first appearance before a judge. The first appearance is usually the time when a defendant is advised of the charges against him or her.
Mellor continued, “When the preliminary hearing is initially set, it’s usually added to a docket that is already crowded with other cases. Typically, there may be 15 to 20 preliminary hearings that are already set on a particular day prior to another case’s first setting being added to that docket. Since it is impossible to conduct even the 15 to 20 hearings that are previously set in the 7-hour period that a judge is available for hearings, it’s not unusual for a preliminary hearing on the docket for the first time to not be heard in favor of the other cases that have been there longer. Under those circumstances, for cases that are set for the first time, subpoenas are not normally issued.”
Mellor stated that the cases are moved along as quickly as possible, but the lack of time and the complexity of some of the cases often prevents that from happening. Additionally, the schedules of the defense attorneys are also crowded.
“It’s frustrating for us, for the judges, the defense attorneys, and for the people whom we call as witnesses,” Mellor said. “But, when we know that a case is not going to be heard due to an overcrowded docket or lack of time, we don’t issue subpoenas to avoid inconviencing people who would be required to take time away from their work. We don’t want to uncessarily take law enforcement officers away from their duties for the same reason.”
Judge Richard Burgess notified Sheriff Bellendir on Monday, September 17, that Dittrick’s case was dismissed due to a miscommunication, and that it was not the fault of County Attorney Mellor or her office.
Charges were refiled against Dittrick on the same day. His bond is set at $100,000 in this case, in addition to the $20,000 in his aggravated domestic battery case.
Dittrick and co-defendant Oliver Guyton, Jr., are both currrently facing charges of aggravated arson, arising from an incident in the Barton County jail, which occurred back in mid-August.
Mellor reiterated that many times when news releases are made regarding issues concerning court cases in which she or one of her assistant county atttorneys are prosecuting, she is not at liberty to refute accusations made against her or her office. Kansas attorneys must adhere to the Kansas Rules of Professional Conduct, a code of ethics, which oftentimes prohibits any response to comments, accusations, and criticism against a county or district attorney.
“By saying what I’m saying now, I’m not commenting on the particular details of any case,” Mellor stated. “However, the working of the court system and the administation of justice can often seem confusing to everyone not familiar with them.
After reading the sheriff’s press release last week, I felt that a response was needed in order to clear the air and help everyone understand that we are working as hard as possible to file and keep cases on track.”
According to the Barton County Attorney’s Office, over 400 criminal cases have been filed in 2018 alone; many of them have already been closed with pleas taken and sentences issued.
“At this moment we also have an active trial docket, with 21 jury trials currently set to be heard in the next couple of months,” Mellor said. “Jury trials require an enormous amount of time for preparation, and take the attorney handling the case away from their other duties, such as preliminary hearings. In addition to these cases, we still must continue to
deal with our traffic and juvenile case loads, not to mention the criminal docket.”
And, she added, the County Attorney’s Office is representing the State of Kansas in over a dozen cases that are currently being appealed by defendants who have been convicted and sentenced.
“That’s a lot for four attorneys and a staff of nine support persons,” Mellor said. “Most counties with the case load that Barton County has employs five or six attorneys, and several additional support staff. But, we’re working as hard as possible with the resources we have to continue with the administration of justice.”
RILEY COUNTY — Riley County Police Department Director Brad Schoen was injured in an accident just before 1p.m. Tuesday in Riley County.
The Kansas Highway Patrol reported a 2005 Chrysler Town and Country driven by Rafael Cuevas Huerta, 57, Manhattan, emerged from a private drive in the 2700 Block of Mohlman Road and failed to yield right of way.
Schoen, 58, Manhattan, was westbound on a bicycle when the van and bike collided.
Schoen was transported to Via Christi. He was wearing helmet, gloves and protective glasses.
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MANHATTAN — The Kansas Highway Patrol is investigating an injury accident involving Riley County Police Department Director Brad Schoen.
Director Brad Schoen -photo RCPD
Just before 1p.m. Tuesday, the Riley County Police Department Dispatch Center received a call regarding an injury accident in the 2700 block of Moehlman Road in Manhattan, according to public information officer Hali Rowland.
When officers arrived on scene, they found a vehicle vs. bicyclist crash had occurred involving a member of the Riley County Police Department.
The bicyclist, Director Brad Schoen, was transported to Via Christi for treatment of his injuries.
The RCPD released no additional details.
In February, Schoen announced he will retire this year after 36 years with the RCPD.
JACKSON COUNTY — Law enforcement authorities are investigating a suspect for alleged murder.
Bohnenkemper -photo Jackson County
Just after 3a.m. Tuesday, deputies received a 911 call from a residence located at 26985 Q.4 Road north of Holton, according to Jackson County Sheriff Tim Morse.
The caller advised that her son had shot her husband twice in the head and she was baracaded inside a bedroom.
Deputies responded to the scene and observed a man inside the residence armed with a long gun.
Deputies were able to approach the house and extricated the woman from a bedroom window while the suspected shooter tried to break down the bedroom door. Deputies were able to move the woman to safety without injury.
The sheriff made contact with the suspect by telephone and spoke with him for several hours. The suspect refused to follow directives and refused to exit the residence.
Deputies propelled gas into the residence at which time the suspect allegedly fired a shotgun towards deputies striking a vehicle they were using for cover.
Just after 8:30a.m., the suspect exited the residence and surrendered to law enforcement around.
Deputies found a deceased man inside the residence. The name of the victim is not yet being released pending the notification of family.
The suspect Derrick G. Bohnenkemper was evaluated by EMS and transported to the Jackson County Jail where he is being held on murder charges, according Sheriff Morse.
Barton County Commissioners Monday went with a local firm and not the low bid in choosing an auditor for the next three years. Commissioners voted 5-0 to continue doing business with Adams, Brown, Beran and Ball for the next three years to provide auditing of the county’s funds. Here’s Barton County Financial Officer Matt Patzner.
Matt Patzner Audio
The bid from Adams, Brown, Beran and Ball was for $102,000 which will include $33,000 for 2018, $33,900 for 2019 and $35,010 for 2020. That total was higher than the $98,005 bid from Mize Houser, an accounting firm out of Lawrence.
Adams, Brown, Beran and Ball’s fee to conduct the 2017 audit was $39,000, $6,000 more than what it will cost the county in 2018. Commission Chair Jennifer Schartz attributed the lower rate to the work done by Patzner in preparing for the annual audit last year.
WACO, Texas – Fort Hays State is ranked No. 18 in the latest edition of the AFCA Top 25 Poll, released on Monday (Sept. 17). The Tigers move down one spot in the poll after a pair of unranked undefeated teams made a leap past them this week. The Tigers are 2-1 overall after a 30-24 win over Washburn this past Saturday.
Fort Hays State remains one of four MIAA schools ranked in the Top 25 of the poll. Northwest Missouri State remains No. 4 this week, while Pittsburg State jumped from No. 23 to No. 15 this week. The Bearcats and Gorillas are the only remaining undefeated teams in the MIAA. Fort Hays State and Central Missouri hover in the same area of the poll, FHSU down one spot from No. 17 to No. 18, while UCM moves up one spot from No. 20 to a tie for No. 19.
The top seven teams in the poll remain the same. Undefeated teams, both 3-0, making a leap past the Tigers from unranked status this week are No. 16 Valdosta State and No. 17 Colorado School of Mines. Valdosta State posted a blowout win over No. 8 ranked West Alabama by a score of 58-24. That pushed West Alabama all the way down to No. 23 this week. Colorado School of Mines upended No. 9 ranked CSU-Pueblo 35-21. That pushed CSU-Pueblo down to No. 22 in the rankings.
TOPEKA, Kan. – Law enforcement authorities are investigating a shooting.
Police on the scene of Tuesday’s shooting investigation -photo courtesy WIBW TV
Just after 9:00 a.m. Tuesday, officers responded to reports of gunshots heard in the 2600 Block of SE 11th Street in Topeka, according to a media release.
Officers were unable to locate any individuals, but did locate shell casings in the area.
Approximately 30 minutes later, an individual arrived at a local hospital with a non-life threatening gunshot wound. The victim is uncooperative and has extensive past criminal history, according to police.
USD 501 placed Pine Ridge Prep School in a secure campus status while officers investigate.
BOOKED: Spencer Wolfkill of Hoisington on Great Bend Municipal Court serve sentence.
BOOKED: Fernando Acosta, hold for ICE transport.
BOOKED: Christle Estabrook of Hutchinson for Great Bend Municipal Court case for contempt, bond is $836.78.
BOOKED: BJ Corter of Hoisington on a Barton County District Court warrant for failure to appear, no bond. Russell County District Court warrant for failure to appear, bond was set at $158 cash only.
BOOKED: Luis Diaz, hold for ICE transport.
BOOKED: Jason Payne of Great Bend on Barton County District Court warrant for possession of controlled substance with a bond set at $10,000 C/S. Probation violation with no bond. Probation violation, no bond. Flee and elude with a bond set at $5,000 C/S.
BOOKED: Curtis Rosas of Great Bend on Great Bend Municipal Court case for habitual violator, no proof of insurance, and illegal tags with a bond set at $1,000 C/S.
BOOKED: Elijah-River Gerbitz on Ellinwood Municipal Court case for criminal damage to property, bond in lieu of $1,000 C/S.
RELEASED: Jose Santana of Great Bend on GBMC case for serve sentence.
RELEASED: Luis Diaz of Wichita on Barton County District Court case for aggravated assault on LEO, DUI, criminal damage to property, ITOL, and interference with LEO. Released to ICE custody.
RELEASED: Fernando Acosta to ICE.
RELEASED: Luis Diaz to ICE.
RELEASED: Curtis Rosas of Great Bend on Great Bend Municipal Court case for habitual violator, no proof of insurance and illegal tags after posting a $1,000 surety bond through Ace Bail Bonding.
RELEASED: Elijah-River Gerbitz on Ellinwood Municipal Court case for criminal damage to property after posting a $1,000 surety bond through Ace Bail Bonding.
CLAFLIN – Trevor Robert Cates, 40, passed away September 17, 2018, in rural Stafford County. He was born in Great Bend, December 11, 1977, to Bob and Alvita (Tinkel) Cates. He married Megan Drake August 1, 2009 at Estes Park, Colorado. She survives.
Barton County Commissioners Monday went with a local firm and not the low bid in choosing an auditor for the next three years. Commissioners voted 5-0 to continue doing business with Adams, Brown, Beran and Ball for the next three years to provide auditing of the county’s funds. Here’s Barton County Financial Officer Matt Patzner.
WACO, Texas – Fort Hays State is ranked No. 18 in the latest edition of the AFCA Top 25 Poll, released on Monday (Sept. 17). The Tigers move down one spot in the poll after a pair of unranked undefeated teams made a leap past them this week. The Tigers are 2-1 overall after a 30-24 win over Washburn this past Saturday.
