2022 Supp. The Shawnee County, Kansas, district attorney has filed criminal charges against Kansas 2nd District U.S. Rep. Steve Watkins in a voter fraud investigation.District Attorney Michael Kagay said . Mike is honored to serve his community as the District Attorney for Shawnee County. See Phinney, 280 Kan. at 399. Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. With the help of a $300,000 grant from the Topeka Community Foundation, a program coordinator in the district attorneys office helps pull together teams of people and mentors who can guide those at-risk individuals to make better decisions. WASHINGTON Kansas Congressman Steve Watkins' attorney filed a motion Wednesday night seeking to disqualify Shawnee County District Attorney Mike Kagay's office from prosecuting the felony. Copyright 2023, Thomson Reuters. Auvergne-Rhne-Alpes 38400, 13 Rue du Champ Roman, background-color: #f9d334; Make your practice more effective and efficient with Casetexts legal research suite. We agree. But see State v. Kelly, 213 Kan. 237, 242, 515 P.2d 1030 (1973) (holding that in misdemeanor cases, constitution and statute authorize trial with only counsel present). I'm disappointed that the DA is arguing that it's a good idea to write off 20-somethings, in his words, and that only school-age children are worth reaching out to., More:'Who do they look up to? 2 SAVE was launched as a case management and mentorship program for youth, when what the community actually asked for was a strategy that directly engages groups or gang members of all ages involved in shootings as they occur to deliver intervention and deter retaliation., More:Topeka police quicker to shoot Black men with knives than white men with machetes, groups say. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. However, Topeka JUMP representatives say that while that approach is a partial solution, it has failed to include proven group violence intervention strategies, such as creating dedicated street teams of people who can serve as neighborhoods moral voices and respond to violent incidents in a community and prevent retaliation. We agree. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. TOPEKA, Kan. (WIBW) - Shawnee Co. District Attorney Mike Kagay says he is looking at "anything and everything" in determining the next steps in the Dana Chandler case. In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. 2022 Supp. From this she implies that present means physically present. Pour le moment, il n'y a pas d'avis sur ", Kagay, for his part, said the groups size and disorganization has led to more than 50 meetings with his office, and JUMP has shown little to no understanding of the background history or the scope of the program.. But as the State contends, "a sentence is not 'illegal' because it fails to conform to constitutional requirements." Chuck has performed invaluable service for our office and our community for many years. Ballot measures, Who represents me? I am so sorry for your loss - she looks like such a happy child. We believe the public needs to know that there are proven strategies that work, Berry said. Shannon Wunder. TOPEKA ( KSNT )- Shawnee County District Attorney Mike Kagay appeared on the KSNT 27 News Morning show to share some new information coming from the legislature. She commented, "My heart hurts at the passing of Aurora. font-size: .9em; Corse, Niort, The email address cannot be subscribed. Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her conviction and sentence are null and void, and for such other relief deem[ed] proper.. See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). "Our main thing is that he agreed five years ago to implement GVI," Ahrens said. When the session first. 22-3602(a). EXCLUSIVE: Ekow Boye-Doe recaps time at K-State on, Sheriff warns about finding folded dollar bills in, Ring of Fire to appear above Kansas, heres when, Chiefs Patrick Mahomes said ankle is still not 100%, Lucky find in Kansas cave has biologists celebrating, Happy Basset Barrel House stretches into new area, Two Topeka bands inducted in Kansas Music Hall of, Do Not Sell or Share My Personal Information. Kansas law defines first-degree felony murder as homicide resulting from the commission, attempt to commit or escape from an inherently dangerous felony, which prosecutors said was aggravated child endangerment in James Exon's case. font-weight: bold;
} JUMP co-chair Anton Ahrens disputed that, and said JUMP has provided lists of potential candidates to serve as mentors, but Kagay's office has failed to work with those candidates. "James" Exon, whom prosecutors allege was "intoxicated and passed out in his bed for days" as his 2-year-old daughter was dying of malnutrition. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. After entering a guilty plea, Michelle L. Ecklund appeals her conviction and sentence, arguing the district court violated her right to be physically present at her combined plea and sentencing hearing because it failed to get a waiver of that right before allowing her to appear over Zoom. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. "Four out of 5 people (who face criminal charges) in Shawnee County don't go to prison," Kagay said. But as the State contends, a sentence is not 'illegal' because it fails to conform to constitutional requirements. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) (A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements.). The district attorneys office, Kagay said, will continue to prosecute those individuals. And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. 2022 Supp. Federal courts | All rights reserved. } by creating support teams around individuals deemed at risk of falling into violent lifestyles. Aurora Exon was found to be deceased after James Exon on Jan. 5, 2021, called law enforcement officers and rescue workers to their home at 3501 S.W. color: white; Launched earlier this year after two years of planning, the SAVE initiative focuses on reducing community violence by creating support teams around individuals deemed at risk of falling into violent lifestyles. All rights reserved. U.S. President | 2022 Supp. As a community, we're tired of our public officials coming into our communities and telling us what we need. The district court held a combined plea and sentencing hearing in November 2021. I am sure that Topeka Jump has the best of intentions, but they are doing more harm than good on this issue. word-wrap: break-word; School districts | Its going to extend the speedy trial waiver that we had in place during COVID until early next year, Kagay said. Chuck is well known for his integrity, attention to detail, legal knowledge, and fundamental fairness. 0:00 1:00 Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and. Auvergne-Rhne-Alpes 38400 Previously, Mike was a Board Member at Boys & Girls Clubs of Topeka. Ahrens said. . Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. NOT DESIGNATED FOR PUBLICATION Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. display: inline-block; So to the extent that Ecklund challenges her conviction, we lack jurisdiction. } Get the Android Weather app from Google Play, KU student goes viral on TikTok for piano skills, Local fire department talks controlled burn safety, Emporia States Lowe wins in javelin, competes in, Rivalry between Barcelona and Madrid takes turn for, Hartman goal in 2nd OT gives Wild 3-2 win over Stars, Draymond Green ejected from playoff game for flagrant, Kings beat Warriors 114-106 to take 2-0 series lead, Brewers ace Corbin Burnes leaves game with pectoral, Kansas City homeowner accused of shooting Black teen, Sign Up For The Latest News And Emails Alerts, Burglary suspect crashes car in Shawnee County, sheriff says, Kobach, ACLU discuss trans athlete debate with Inside, Plant experts offer free help for your garden. They have yet to make a single referral to the program. Jeffrey J. Exon was. This website is not intended for users located within the European Economic Area. I'm sure she will be deeply missed by all who knew her. 22-3504(c) defines an illegal sentence as one that does not conform to applicable statutory provisions. That is a misappropriation of funds and is not acceptable. Anna Ortega. Phone Email. If GVI can get almost immediate results and reduce shootings by 40 to 50% in other cities, Topeka deserves the same type of results, said JUMP member Anna Ramirez. Kansas Rep. Steve Watkins (R) was charged Tuesday with three felonies and a misdemeanor over allegations he voted illegally in a 2019 local election.Shawnee County District Attorney Mike Kagay anno Occitanie, Aix-en-Provence, Occitanie, Poitiers, 2019 Creative Expansions, Inc. All Rights Reserved. "A guilty or no contest plea surrenders a criminal defendant's right to appeal his or her conviction but not his or her sentence." .contact_office { font-size: 0.8 em; margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} Monday's verdict came after about two hours, 20 minutes of deliberation. So to the extent that Ecklund challenges her conviction, we lack jurisdiction. District Attorney . color: white; .widget-row { Topeka police quicker to shoot Black men with knives than white men with machetes, groups say, As YWCA Northeast Kansas hosts Week Without Violence, 'There's always work to be done'. } Contact: Mr.Michael Kagay 785.251.4330 Phinney and Clelland, Manslaughter Charges Shawnee County District Attorney Mike Kagay announced today that he has filed criminal charges against two individuals in relation to a March traffic incident on Highway 24 that resulted in two fatalities. See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). } State legislature | Grand Est, Ajaccio, color: white; Chandler is accused. The archdiocese says it will continue with evaluating Pilchers status as a priest. Exon was convicted of aggravated child endangerment, first-degree murder in the commission of a felony, reckless but unintentional second-degree murder and failure by a parent to report the death of a child. Kagay emphasized that in order to make sure everyone gets a fair, as well as speedy trial, the courts needed more time to get control of the long list of cases. .widget-row.value-only { The district court advised Ecklund of the maximum potential sentences and fines for both offenses and of the rights that she was waiving by entering a plea. For this reason, he explained the law Kansas had in place detailing the timeframe for a speedy trial was suspended temporarily to give workers the chance to get up to speed. Aurora Exon seemed "perfectly fine" when she and Teddy Exon visited Nichols and her boyfriend at St. Marys on Dec. 26, 2020, the last time Nichols saw her alive, Nichols said. So her claim does not fall within the definition of an "illegal sentence" under K.S.A. 10:00 12:30 14:00 19:00. background-color: red; The Topeka station reports an autopsy concluded that Aurora died of malnutrition. He had custody because the mom was worthless too and that poor little one starved to death. Aurora's 6-year-old brother, Teddy Exon, who was 4 years old at the time of her death, testified during the father's trial. The new information from prosecutors came in response to an effort by Watkins' attorneys to remove Shawnee County DA Mike Kagay from the case. North Topeka construction project closes intersection. Ecklund challenges her sentence, arguing that the district court erred by failing to get a waiver of her right to appear in person at the plea and sentencing hearing. Your California Privacy Rights/Privacy Policy. Field Training Officer . Kagay, in a written statement to The Capital-Journal, disputed JUMPs allegations. When the session first began, Kagay spoke with KSNT 27 News to discuss the significant backlog of cases the courts are facing following the shut-down of the pandemic. He brings a wealth of experience to this new role, both in litigation and office administration. margin-top: 1px; He deserves the same. Kagay's current term ends in 2025. Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. } She has not done so. } Elisabeth Towns. Elections in 2023 | The child "loved cuddling with her daddy, and playing with her brother and friends.". Click here to contact our editorial staff, and click here to report an error. @media (max-width:600px) { Mike Kagay. At the time of her death, James Exon had custody ofAurora Exon and her older brother, Theodore "Teddy" Exon, then 4 years old and attending preschool. 223602 from taking a direct appeal from the sentence imposed." Follow him on Twitter at @byRafaelGarcia. She also claims that her waiver had to be written and filed in the district court. 22-3602(a). Kagay commended Deputy District Attorneys Lauren Amrein and Lee for their work prosecuting the case, and Topeka police for their work investigating it. The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. Kansas man convicted for death of his 2 year old daughter, Missouri says no to biological men in womens sports, Gov. Seonaid Nichols said she'd beenin a relationship with James Exon from July 2014 to February 2019, though they never married. The only hurdle to expanding crime prevention efforts, Kagay said, has been JUMP. Paid for by Kag Re-Elect DA Mike Kagay Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. John Pilcher after reviewing the results of an investigation. Prosecutor wont bring charges against accused Topeka priest, Ralph Yarl described as excellent student and talented musician at Staley High School, Team coverage: Charges filed in shooting of Ralph Yarl, Family of teen shot on Northland doorstep speaks about his achievements, the road ahead. color: white; WomenWorking.com is committed to supporting women to live fully, giving them tools, tips, and inspiration to move through challenges in every aspect of their lives. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. Michael Kagay District Attorney for the Third Judicial District of Kansas Biography Mike Kagay took office as the District Attorney on January 9th, 2017. Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her "conviction and sentence are null and void, and for such other relief . Shawnee County District Attorney Mike Kagay said in a statement to the Topeka Capital-Journal his office will "conduct a comprehensive review and analysis of the case and the recently concluded . He said the vacancy was created by the appointment of former Chief Deputy Brett Watson as a District Court Judge. Ballotpedia features 407,502 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Ecklund cites State v. Marinelli, 307 Kan. 768, 778, 415 P.3d 405 (2018), for its holding that "one who pleads guilty or nolo contendere is not precluded by K.S.A.
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