Kansas
Kansas court upholds death sentence, ruling man wasn’t clear about wanting to remain silent
Kansas’ top court on Friday upheld the death sentence for a man convicted of fatally shooting three adults and a toddler, ruling that he didn’t clearly invoke his right to remain silent before making statements crucial to his conviction.
The state Supreme Court’s lone dissenter in the case of Kyle Trevor Flack argued that the 6-1 majority was requiring a “proper incantation” and forcing suspects wanting to remain silent to apply “arcane philosophies” of law. Even though she called for a new trial for Flack, she called the evidence against him “overwhelming.”
Flack was sentenced to die for the April 2013 deaths of Kaylie Bailey, 21, from the Kansas City area; her 18-month-old daughter, Lana; Andrew Stout, 30, of Ottawa, about 50 miles southwest of Kansas City, and Steven White, 31, also from Ottawa. The adults’ bodies were found on a farm, while the toddler’s body was found in a suitcase in a rural creek.
The state-appointed attorney for Flack’s appeal argued that prosecutors in Franklin County built their case against him on incriminating statements he made during police interviews. Prosecutors argued they also had strong circumstantial evidence against Flack.
The attorney argued that the trial judge should have refused to allow prosecutors to use the statements as evidence. During his interrogation, Flack repeatedly made statements suggesting he wanted to end the questioning, including, “Take me to jail! Take me to jail! Take me to jail!”
But in its unsigned opinion, the court’s majority said his statements could have been interpreted by police in a variety of ways: an insistence he didn’t know about what they were asking, a recognition that he was in a difficult circumstance, an effort to negotiate with officers or an attempt to bolster his credibility. The court also upheld his convictions for capital murder and other crimes.
“Isolated or combined, his statements did not unambiguously and unequivocally assert his right to silence,” the majority wrote.
Dissenting Justice Evelyn Wilson, a former district judge, said the videos of Flack’s interviews — and not just the transcripts — were the best evidence for whether Flack was invoking his right to remain silent. She said the videos showed that Flack wanted to end the police interrogation and return to jail, so clearly that no officer could have misinterpreted them.
In many cases, police, prosecutors and courts have resorted to using a “mastery of speculative mental gymnastics” to justify a conclusion that a suspect is not invoking their right to remain silent, she wrote.
“A ‘right’ to silence which cannot be exercised in practice — even by actual silence — is no right at all,” Wilson wrote.
Flack’s attorney raised numerous other issues, which all of the justices, including Wilson, rejected. When the court heard from attorneys in Flack’s case in January 2022, those arguments focused heavily on whether prosecutors should have been allowed to use his incriminating statements as evidence.
More: Kyle Flack wants Kansas Supreme Court to overturn death sentence over statements made to police
Flack is one of nine men on death row in Kansas, and the last one to be sentenced to lethal injection. The state has not executed anyone since 1965.
Even after Flack’s trial, it wasn’t clear what led to the shootings, which detectives believe happened over separate days. The defense argued that Flack, who was 28 at the time of the crimes and is now 38, suffered from a severe mental illness that caused him to hear voices throughout adulthood.
Kansas
Kansas City barbecue pitmaster Arthur Lee Sr. killed in hit-and-run crash while riding his scooter
KSHB 41 reporter La’Nita Brooks covers stories providing solutions and offering discussions on topics of crime and violence. She also covers stories in the Northland. Share your story idea with La’Nita.
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Kansas City barbecue pitmaster Arthur Lee Sr. was killed in an early morning hit-and-run crash while riding his scooter March 21.
Kansas City barbecue pitmaster Arthur Lee Sr. killed in hit-and-run crash
Lee was turning left from Dr. Martin Luther King Jr. Boulevard onto Eastwood Trafficway when a car ran a red light and hit him. A small memorial now grows at the intersection.
Chris Morrison
“Devastated. Everybody’s hurt, it was really unexpected,” his son Arthur Lee Jr. said. “I loved him to death. My dad was like my best friend.”
Lee was well known in the barbecue community, working as a pitmaster at Gates Bar-B-Q for the past eight years after spending two decades at Arthur Bryant’s Barbeque.
“He loved working at Gates,” Rose Qualls, Lee’s sister-in-law, said. “He was always making us slabs and turkey sandwiches.”
Chris Morrison
The morning of the incident, Lee was preparing to move into a new home with his wife and children, getting ready for a fresh start before a tragic end.
“He was really special, you know. He was one of a kind and everybody that he was around just loved him,” Qualls said. “It’s just a sad situation.”
Lee was 60 years old. His family said while his life was cut short, his flame will burn forever.
“My sister, she is really going through it, we all are,” Qualls said. “And I’m here for her, whatever she needs, when she need a shoulder to cry on, I’m here.”
Courtesy of Arthur Lee Jr.
The family is pleading for answers and for the driver, who fled the scene, to come forward.
“I would pray that they would have some type of compassion, some type of heart, possibly turn themselves in,” Lee Jr. said.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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Kansas
Kansas felon sold meth to undercover officer multiple times
WICHITA, KAN. – A Kansas man was sentenced to 120 months in prison for selling methamphetamine to an undercover police officer, according to the United State’s Attorney.
According to court documents, Wayne F. Fleming, 41, of Wichita pleaded guilty to one count of distribution of a controlled substance.
In May 2021, Fleming sold drugs multiple times to an undercover officer with the Wichita Police Department. Testing by the Sedgwick County Regional Forensic Science Center showed the total amount Fleming sold to the officer to be more than 200 grams of pure methamphetamine.
“Mr. Fleming was federally indicted in 2021, but before a plea agreement was reached, Mr. Fleming went to state prison to serve time for offenses unrelated to the federal case,” said U.S. Attorney Ryan A. Kriegshauser. “The Department of Justice doesn’t forget. Not long after his release from a state prison, Mr. Fleming is now an inmate in a federal prison.”
The Wichita Police Department investigated the case.
Kansas
Extra slice, extra time: Kansas inmate’s pizza grab lands him 16 more months in prison
LEAVENWORTH, Kan. (KCTV) – A Kansas inmate will spend more time behind bars after a dispute over an extra slice of pizza turned physical.
Leavenworth County Attorney Todd Thompson announced on Wednesday, March 25, that Wyatt C. Parnell, 42, an inmate at Lansing Correctional Facility, was sentenced to 16 additional months.
Prosecutors indicated that the sentence is the result of an attempt to assault a corrections officer during a December 2019 dining hall confrontation.
What Happened
Court records noted that the incident happened around 6:30 p.m. on Dec. 26, 2019 – the day after Christmas – in the facility’s maximum-security dining room.
According to prosecutors, Parnell entered the dining hall, picked up a dinner tray and grabbed an extra slice of pizza from a separate tray.
A corrections officer repeatedly ordered him to put the tray down and leave the area; however, court documents revealed that Parnell refused.
When the officer moved to retrieve the tray and again ordered Parnell to leave, prosecutors said he yanked the tray away and threw it on the floor.
Parnell then tried to push past the officer to reach the serving line for another tray, according to court records.
The officer reported that they attempted to detain Parnell, but he resisted, leading to a physical fight.
The Charges & Sentence
Court records indicated that Parnell pleaded no contest to attempted aggravated battery. His new sentence will run consecutively – meaning it is added to the sentence he is already serving.
“Correctional facilities rely on order and compliance to maintain safety for both staff and inmates,” Thompson said. “This sentence reflects the seriousness of disregarding lawful commands and engaging in behavior that puts others at risk.”
Parnell’s Criminal History
Corrections records show that Parnell was already serving time for:
- Kidnapping
- Aggravated battery
- Two counts of criminal threat
Prison records also show a lengthy disciplinary history, including violations for:
- Contraband possession
- Fighting
- Threats
- Lewd acts
- Entering restricted areas
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