Suspect in hit-and-run to stand trial

KU student, 22, was killed while crossing Kentucky Street

A Douglas County judge ruled Friday that Joshua Walton should stand trial for a Sept. 23, 2006, hit-and-run that killed a Kansas University student.

Judge Robert Fairchild said enough evidence exists for Walton, 25, to go to trial on charges of involuntary manslaughter while driving under the influence and leaving the scene of an accident. The judge scheduled a jury trial to begin Feb. 4.

The student, Ryan M. Kanost, 22, was killed when he was struck by a car as he walked across Kentucky Street at 13th Street.

Fairchild’s ruling came at the conclusion of Walton’s preliminary hearing. The hearing started in early June but was continued to Friday.

During testimony Friday, Lawrence Police Detective Lance Flachsbarth said he was called to the Douglas County Judicial and Law Enforcement Center on the afternoon following the accident to interview Walton. Walton was taken to the police department by his girlfriend and told an officer there he thought he might be involved in the 13th and Kentucky incident, Flachsbarth said.

After the interview ended, Walton willingly went with Flachsbarth and Detective M.T. Brown to Lawrence Memorial Hospital to give a blood sample, Flachsbarth said. At the hospital Walton asked Brown about the “good and bad” implications of giving a sample, Flachsbarth said.

Walton’s interview with detectives was recorded.

Walton’s attorney, Tom Bath, raised questions about whether his client was aware he was being recorded, even though there are signs posted in the police department stating that anyone who enters the area is subject to being recorded.

“Do you know if (Walton) saw the signs?” he asked Flachsbarth.

Flachsbarth said he did not know. He also said there is no police policy that requires officers to tell someone they are being recorded.

Walton was not under arrest during the interview and left the law enforcement center after returning from the hospital. Bath, however, noted Walton twice said during the interview that he wanted to get an attorney. Bath argued that anything Walton said after asking for an attorney should not be used in court. Fairchild has taken the issue under advisement.

During the hearing in June, Walton’s roommate, James Andrade, said Walton was concerned after hearing about Kanost’s death. Walton said he was driving on Kentucky Street and struck something with his car but didn’t see anything, Andrade said during his testimony.

Walton is free on $25,000 bond.