Barton County Attorney Amy Mellor announced Wednesday that Tracy Driscoll entered pleas of no contest to six counts of breach of privacy this morning in Barton County District Court. Driscoll waived his right to a preliminary hearing and then entered his please to the charges. Two other counts of breach of privacy were dismissed by the prosecution.

Driscoll remains free on bond pending sentencing, now set for November 9. The judge ordered that a pre-sentence investigation take place with information from that investigation presented to the court and to the parties prior to the sentencing date.

The entry of pleas and the resulting convictions resulted from an investigation that began when officers were called to the E-Z Tanning salon in Great Bend following complaints that the defendant had been photographing or taking videos of customers while they were undressed. An officer contacted Driscoll and seized his cell phone when it became apparent that the device contained evidence of crimes.

A later examination of the phone’s contents revealed photographs of other individuals who were undressed while tanning. A list of customers showed that while they were in one room, Driscoll was in the next room over and used his phone camera to take the photographs or videos.

The Great Bend Police Department investigated the case while the Kansas Bureau of Investigation provided technical assistance.

We’re just a week away from one of the biggest weekend’s in many years in Great Bend. The 2018 Great Bend Airfest begins next Friday at the airport, two separate Lucas Oil Drag Races will get started next Thursday, then on Friday, it’s the Hahn Brothers Supercross Shootout at the motocross track on the grounds of the Great Bend Expo Complex. All city departments are being brought in to prepare for the four big days including the Public Works Department. Here’s Assistant Public Works Director Simon Wiley.

Simon Wiley Audio

Wiley says the work at the dragstrip was not on the track itself but areas around the facility that hopefully will keep big Lucas Oil Races coming back to Great Bend for years to come.

Simon Wiley Audio

To find a complete list of events and times for the Airfest, visit greatbendairfest.com. For information on the Lucas Oil Races, visit srcadragstrip.com, and to get info on the Hahn Brothers Supercross Shootout go to gbmxpark.com.

In May 2010, the Kansas Legislature passed Transportation Works for Kansas, known as T-WORKS, an $8 billion, 10-year transportation program. T-WORKS was designed to create jobs and preserve highway infrastructure. T-WORKS and the Kansas Department of Transportation has seen large amounts of funding from their departments taken out to help balance the state’s budget over the recent years, causing scheduled projects to be cancelled or postponed.

Great Bend City Administrator Kendal Francis says the K-96 Highway project between Wichita and Hays was stalled, but hopefully is rescheduled.

Kendal Francis Audio

The Great Bend City Council approved a letter of support to the Kansas Transportation Task Force that makes the case to reschedule the K-96 corridor project.

Great Bend plans to send representatives to Newton on October 4 to testify in support of the project before the Task Force.

USD 428 announces its nominees for the 2019 Kansas Horizon Award. They are Alden Adams, Helping Hands Preschool teacher, and Jason Drouillard, Great Bend Middle School English teacher.

The Kansas Horizon Award program offers Kansas school districts an excellent opportunity to honor exemplary first-year teachers. Both teachers are beginning their second year in the district.

The program, sponsored by the Kansas State Department of Education, recognizes and rewards teachers who have served as outstanding representatives of excellent teaching in the elementary and secondary classrooms of the state during their first year of teaching.

Adams and Drouillard will now apply for Kansas state honors. Horizon Award winners receive special recognition during the KEEN State Education Conference, which takes place each February in Topeka.

BOOKED: Nathan Myers of Ness City on Great Bend Municipal Court case for DWS, illegal tag, and no proof of insurance, bond is set at $500 C/S or 48-hours in jail.

BOOKED: Skyler Lohr on Great Bend Municipal Court case for driving while suspended bond at $500 C/S. GBMC case for failure to appear, bond of $658.50 cash only.

BOOKED: Alia Lucas of Great Bend on BTDC case for contempt of court, no bond.

BOOKED: Juvenile of Great Bend on Barton County District Court case for battery with no bond.

BOOKED: Juvenile of Great Bend on Barton County District Court case for battery with no bond.

RELEASED: Nathan Myers of Ness City on Great Bend Municipal Court case for DWS, illegal tag, and no proof of insurance, after posting a $500 surety bond through Ace Bail Bonding.

RELEASED: Alia Lucas after receiving order of release from Judge Johnson.

RELEASED: Juvenile of Great Bend on Barton County District Court case for battery after being released to JJA.

RELEASED: Juvenile of Great Bend on BCDC case for battery after being released to JJA.

RELEASED: Joshua Miller to Rice County on their warrant.

Whether or not the City of Great Bend decides to place AstroTurf on the ballfields at the Great Bend Sports Complex is still unclear. City Administrator Kendal Francis told the Great Bend City Council Monday night it is time to organize a committee to research the pros and cons of doing so.

When the Sports Complex opened in 2012 there were no intentions of placing turf on the fields in the master plan.

Kendal Francis Audio

The City Council and City Administration have received encouragement from a number of entities to turf the fields recently, mostly to keep the complex a topnotch facility and remain competitive in recruiting tournaments to Great Bend.

The City of Great Bend transferred $1.3 million into a fund for the possibility of installing turf at the fields, but there are other options that could be done to the Complex instead of turf, such as adding football or soccer fields to the west.

Francis feels the City Council needs to conduct their own research and come to a plan of action.

Kendal Francis Audio

City Administration along with representatives from USD 428 and the Great Bend Recreation Commission met on August 29 to discuss the turf possibilities. Francis says no entity has come out and pledged an exact dollar amount and further research will need to be done.

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.”

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.