Prosecutor says police had good cause to stop and arrest driver in solicitation case

Attorney attacks 'time' defense: Solicitation case revolves around student encounter

A prosecutor says a 13-year-old West Junior High School student felt threatened enough to call 911 in December when a man in a red sports car asked her to come closer to tell him the time.

The West Junior High School student also saw the car drive by her twice more as she tried to walk home that day, Assistant Kansas Attorney General Kevin Graham wrote in a motion recently filed in Douglas County District Court.

Authorities later arrested Stephen R. Stout, 47, after a short vehicle chase, and prosecutors, in five felony charges, accuse Stout of indecent solicitation, exposing himself to three other students and eluding police.

His attorney, Sarah Swain, has argued in a court filing that Stout only asked the girl for the time and that police made an illegal arrest in the case.

In response, Graham wrote that in her 911 call, the girl said the man was following her and “kept asking” her to come closer “to tell him the time.” She also saw the red sports car with tinted windows three times, including once while she called 911 and had started to walk home.

“(The girl) was alarmed and scared enough to call 911 and report the original incident and the continuing following,” Graham wrote.

Minutes later, detectives in a car that had emergency lights spotted the car at Iowa Street and Harvard Road. Graham wrote that Stout twice accelerated away from officers even when they turned on the light and sirens.

He finally stopped at the corner of Hilltop Drive and Harvard Road. Detectives arrested him and found a loaded handgun in the car, according to Graham’s written motion.

Swain has argued for the charge on eluding police to be dismissed and has said police had no grounds to pull him over. But Graham said the fact the car had no license plate and because he did not stop when police used lights and sirens warranted enough for an arrest.

Graham is prosecuting the case because Douglas County District Attorney Charles Branson – before he was elected in 2004 – once represented Stout in a 2000 Douglas County exposure case. Stout received diversion in that case.

District Judge Michael Malone is scheduled to hear arguments about the motions in September before the trial begins Sept. 8.