Archive for Saturday, June 14, 2008

DA wants teen tried as adult

16-year-old accused in 2 shooting deaths

The Douglas County District Attorney's office will seek to try the suspect in last weekend's double homicide as an adult.

June 14, 2008


Douglas County prosecutors are seeking to have a 16-year-old boy tried as an adult in the shooting deaths of two men last weekend in east Lawrence.

A motion filed by the district attorney's office calls for Kellam D. Jones to be tried as an adult because the deaths occurred while he was at least age 14 and in possession of a weapon.

The motion also states Jones is charged with offenses that if committed by an adult would be a felony.

Jones was charged as a juvenile earlier this week with two counts of felony first-degree murder and one count of attempted aggravated robbery.

The charges stem from a shooting early Saturday morning at 1311 Del. Killed were the occupant of the house, Roland Klundt, 20, and Gage Hauk, 18, McLouth. Prosecutors allege Hauk and Jones went to the residence to commit robbery. Hauk was shot by Klundt and Jones then shot Klundt, the charges allege.

Because Jones was allegedly attempting a robbery, which is a felony, he can be charged with both deaths.

A hearing on the motion will be June 23, which was when Jones was scheduled to be tried as a juvenile. He is being held in the Douglas County Juvenile Detention Center.

District Attorney Charles Branson declined to talk specifically about the Jones case. He did discuss in general the factors that are considered under the law in finding that a juvenile can be tried as an adult, including:

¢ Seriousness of the offense.

¢ Nature of the offense.

¢ Whether it was a physical crime against a person or involved property.

¢ The juvenile's criminal history, if there is one.

¢ Whether there are facilities or programs that could possibly rehabilitate the juvenile.

¢ The sophistication of the juvenile.

There is a presumption that favors the juvenile being tried as a juvenile, and the prosecution has to overcome that presumption.

Typically, juveniles convicted of crimes are held until they are age 18, although there are provisions for them to be held until they are age 23.

An adult convicted of one count of felony murder faces a sentence of 20 years to life in prison.


loki8025 10 years ago

¢ The sophistication of the juvenile.--Well he lost points on that one!

sizzleplate 10 years ago

how do you know how old the picture is?

notajayhawk 10 years ago

therealAI (Anonymous) says: "He doesn't need to spend the rest of his life in prison. A while, yes, but not forever."Okay, how about they keep him isolated from society and away from his family and loved ones for the same amount of time his victim, a young college student not much older than the perp, will be away?Oh, wait, that is forever, isn't it?

igby 10 years ago

With Branson's office in charge, this kid would get more time in JV court rather than in an adult court. He's going to do seven years in the jv system. Branson will lose any felony murder case in appeal. So, since the kid was shooting back at someone shooting at him; then the worst thing he could get convicted of is attemp agg burglury., second degree manslaughter. He'll be out in five as an adult.

Confrontation 10 years ago

Lock up his useless parents, too. They deserve more time than this kid does.

workinghard 10 years ago

Notice how the only picture of him is most likely from junior high and makes him look much younger. LJW needs to use a more current picture to reflect his true age so it doesn't look like they are trying to charge a little boy as an adult.

loki8025 10 years ago

btw therealal, he killed a man or was at least involved in the planning and execution's of the murder. What are you going to feel when armed teen agers come into your house and shoot you or a friend or family to rob you. What if that was planned out an you had been targeted? Don't care if anyone disagrees. Well then you won't care if I say that that idotic. He pulled the trigger, if not, he was involved in the execution of the plan. Eye for an eye. If the other kids can not spen the rest of their lives doing the things they want. We in H#$$ does the other get to live(as in life in prison) therealal whatever man. He should burn

Sigmund 10 years ago

igby (Anonymous) says: "With Branson's office in charge, this kid would get more time in JV court rather than in an adult court. He's going to do seven years in the jv system. Branson will lose any felony murder case in appeal."Branson will lose one felony murder charge but there is no reason to believe the other would not be upheld on appeal. If he shot back and killed someone who was lawfully defending himself against Kelly's unlawful acts, that is NOT self defense nor "second degree manslaughter," that is First Degree Murder and he will not be out in 5 years.21-3401. Murder in the first degree. Murder in the first degree is the killing of a human being committed: (a) Intentionally and with premeditation; or (b) in the commission of, attempt to commit, or flight from an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto. Murder in the first degree is an off-grid person felony.

therealAI 10 years ago

sizzleplate (anonymous) says...."how do you know how old the picture is?"This is a picture from Central Junior High. Might be a year or maybe two, old.Anyway, DA's office.......don't charge him as an adult. I'm not saying that his crimes aren't serious enough to warrant some hard time, but it'd just be show-boating on your part.He doesn't need to spend the rest of his life in prison. A while, yes, but not forever.Don't care who disagrees here, btw....

notajayhawk 10 years ago

I don't really like cross-posting, but then, I hate it when the award-winning LJW sees fit to post two instances of virtually the same article.Well, this is interesting. From the Baldwin Signal's story on the murder (the victim was a Baker grad):""Unfortunately, all it takes is meeting one bad person to make something go bad in his life," she said. "He is a good-hearted, good kid who has a strong, loving family behind him.""That was the aunt of one of the two would-be robbers, describing how their nephew was such a good kid until he met the wrong person. Funny thing is, it wasn't 'little Kelly's' aunt, it was the aunt of Gage Hauk. Seems to be some dissension on who led who down the wrong path. might just be that not only was 'little Kelly' the leader, not the follower, but that he's going to try to put it all on his dead friend to try and save his skin.

notajayhawk 10 years ago

Why does the award-winning LJW print multiple instances of the exact same story? This 'article' is virtually the same as this one: with the same byline, with the only 'new' information added being pretty much what was provided by Sigmund in his last post to that message board.

ksdivakat 10 years ago

no kidding about the brandie comment, that hurt my head to try and read it and decode it!Im glad that the DA is charging him as an adult, especially considering he had a weapons charge at age 14!But oh noooo, hes a good kid????!!!!!!And she says that if he did do it, then he learned his lesson???? WHAT?? IS she completely dullisional???She also states that: "what gets me is we have been robbed a gun poin so many times"hummmmmmmmm, this is one family that anyone with half a brain would stay away from, and if she has a child by the older brother, with the statements shes been making I hope SRS is investigating this!!!!!

loki8025 10 years ago

Gage may have been a criminal but he sure as heck wasn't a follower. I do agree that Kelly is using the death to create his own version. I am interested in the forensic evidence and what that reveals.

Noneshallbe 10 years ago

Retarded that better, sorry if i am trying to do a million things at once

brandie785 10 years ago

This comment was removed by the site staff for violation of the usage agreement.

littlegrace 10 years ago

I cannot listen to anymore of the Gage supporters in this. Look at the obit for Roland. Graduated with honors from LHS, started the chess club, scholarship to Baker, participated in two boy scout troops. Anyone who would suggest a 16 year old was the master mind in all this must be completely irrational. I wouldn't pay a plug nickel to hear anymore versions of how Gage Hauk's family wants to twist this story. Gage got what he deserved.

Noneshallbe 10 years ago

well then my best advice for you is to get over it.

Kam_Fong_as_Chin_Ho 10 years ago

For all of you that are mad at the "Gage Suppoters" I think you are seriously retarted. ====="Retarted"?Do you see the irony here?

Noneshallbe 10 years ago

Does anyone realize that the same point has been argued in almost every post. And it appears that it has gotten no where...

slickmick 10 years ago

Brandie, you're a fine girl.What a good wife you would be but my life, my love and my lady is the sea.

Noneshallbe 10 years ago

For all of you that are mad at the "Gage Suppoters" I think you are seriously retarted. As far as i have seen none of them said that what he did was right. He payed for his actions. That doesn't mean that the people who cared about him are any less hurt. I have never read comments that were so disrespectful in my life. I mean he wasn't a bad person, he did bad things yes but he also did good things for alot of people. Like i said i am not supporting his actions in going to the house to rob someone. But i do think people need to look at things from more then one standpoint and need to get off their highhorses.

kugrad 10 years ago

workinghard, they ARE trying to try a "little kid" as an adult. He is 16 years old, no where near adulthood. Add a year, maybe 2 to the face in that picture and you still have a kid.What he did is wrong, but two wrongs won't make a right.

ksdivakat 10 years ago

Keep in mind the low life who killed the KU student out at Jefferson commons a few years back, in fact , he appealed the conviction and just had a new trial not to long ago and was found guilty again, BUT, the guy had a juvinile conviction for homicide, did his juvy time and got out, and look what happened.....he killed again.Dont let this guy get the soft 7, 7 yrs max of him being coddled by the juvy system, then hes out, also keep in mind that this guy has had a previous weapons charge when he was 14!He knew exactly what he was doing, and should pay just as an adult would.

littlegrace 10 years ago

Noneshallbe (Anonymous) says: "well then my best advice for you is to get over it."Maybe I will when the Gage team stops making him out to be anything more than a thief. I just returned from Roland's funeral where everyone was in tears over the loss of someone who was going places in his life.

kugrad 10 years ago

Informed, do you see me make that argument? No. The issue isn't ability to know right from wrong; young children can tell you what he was doing was wrong. It is a more complex issue than that. He does need to live with the consequences, but he is not an adult. Trying him as an adult won't help anyone. Kids don't belong in prison with adults. That's my opinion.

Noneshallbe 10 years ago

Thanks KcSlumper.Oh and littlegrace. Yes he was a theif and i doubt anyone would deny that. I mean i would have trusted him with my life but would not have trusted him to watch my house and not take something. But people are more then just one thing you can't just put them into to one group. I went to gage's funural...and there were tears there too, there are people that loved him just as much. You never know how people could turn out later and if they could turn their lives around. I am sorry for his family and friends and Rolands family and friends. Neither of them should have died.

loki8025 10 years ago

Trust him with your life. You must not like life very much to trust someone like that. Two persons should have died and that does not include Roland. Two people going into a house like that deserves nothing less. Trust him with you life but not your property? Nice. No respect for murdering thieves and no mercy for the incarcerated

geoismeo 7 years, 8 months ago

Darkhaze, You just made a criminal threat of violence. I think the LJW should report you to the police and they should prosecute you.

ltownlovin07 10 years ago

To begin with I think all of this that is going on is very tragic and such a terrible mess. I personally know the juvenile who is being charged. He was always such a nice kid and maybe a little quiet but in my own opinion I do not believe that he himself was the only one who devised this plan, I know that Gage had a huge part in it because its not like Kelly to do something like this, although I could be wrong as I do not know him that well, but my better instinct tells me otherwise. I think its sad that he is being charged with double murder because Yes he was breaking into Roland's house, aggravated robbery he deserves, Roland then shot and killed his friend and in desperation to keep his own life he shot and killed Roland. Truly tragic, but I do not think that he deserves to be charged with both deaths because he was only defending his own life, I do believe he should be charged with the aggravated robbery. Also, being that he is 16 years old, i do not care what any of you have to think about it, HE IS A JUVENILE! He is not even old enough to make any legal, financial, or educational decisions on his own! Actually none for that matter. So what about the mother, what does she get for all of this! I think she deserves way more than this kid is going through. If it wasnt for her, maybe he would have not turned out this way. Hopefully she doesn't have any more children to destroy!my thoughts and prayers go out to all three of these boys!

Noneshallbe 10 years ago

loki8025 I would trust him with my life because he had saved my life. So yeah i would and i do vaule my life and because of him i still am alive.

ksdivakat 9 years, 12 months ago

First of all, kellam, if you expect us to believe that you are indeed the criminal that the story is about, then you take us all for fools.Secondly, ltownlovin07 if he wouldnt have been there to rob the place then nobody would have died.What we do know is this, that 2 people went to this address with the intention of robbing the homeowner, One of the robbers was then shot by the homeowner and then it is the DA's contention that the juvinile then turned the gun on the homeowner shooting him and killing him.DO you understand that these people are DEAD DEAD DEAD????!!!!!!What do you mean we are not one to say what is right or wrong??And who cares if they were selling pot or not, if thats what their extravagant career was, the boy still went there to rob them and then he killed the homeowner, so should he be tried as an adult? Absolutely, he became a man when he blew another mans head off! Hes acted like a man now he needs to take his medicine like a man.

kellam 9 years, 12 months ago

I ask that you and everybody that posts comments on my case not talk badly of my mom or of any one else for it is not our decision to decide what is wrong or right good or bad, because in my opinion if im a bad person then there are monster living in our world im not saying im a saint or angel don't get me wrong ive done my amount of misdeeds in my time on earth but as far as ive heard levi or his brother roland one of them shared the same extravagant career as I once had but that I do not know for sure its just hearsay and if I was to believe it then id be no better then anyone else assuming they know and can judge do to hearsay when they don't actually know the truth.

ltownlovin07 9 years, 12 months ago

i do not come on this page to be criticized against. i am just merely stating my own opinion. he is a juvenile no matter what and should be charged as one. and yes people are dead because of his actions but once again what would you do if you saw your friend shot dead and the guy who killed him was aiming a gun at your head, dont say you wouldn't kill to save your own life. i believe that kelly was wrong for breaking into the man's house in the first place but i do not think he was wrong for being scared for his own life. Now is his judgement day and only God himself shall judge him. He will get what God thinks is best for him. And as for the other men. R.I.P.

Noneshallbe 9 years, 11 months ago

well i know if i had a gun to my head and one in my hand...i would def shoot. i wouldn't drop it and pled for my life. that would just be stupid reguardless of the "legal" thing to do.

Armored_One 7 years, 8 months ago

Little waste of oxygen came into my house with a gun, little waste of oxygen wouldn't be wasting anything anymore. I have a nice double barrel that would cut him in half at close range, a shepard I wouldn't have to feed for a few days, and a wet/dry vac for the clean up.

I'd be more upset about fixing the hole in the wall behind the little moron than I would be about putting him 6 foot under.

If he wasn't willing to commit violence, then he wouldn't have had a firearm on him at the time. His choice to commit the crime absolves him of the claim of childhood innocence, mainly because violence dissolves innocence, both in victim and in the criminal.

I could care less that he is 16. I could care less that he made a bonehead move. People are dead because of his choices. The dead robber is dead because he chose to follow this moron on his quest to be stupider. The dead home owner is dead because this moron pulled the trigger.

Just don't lock him up for life. We'll all get to pay for his punk self for the however long he lives. Put his stupid butt to work. Road work, waste removal, and janitorial work would be perfect. Pay him a wage, then give it to the victim's family, to pay for the funeral, plus any loans the home owner might have taken out for college. Once that is done, the rest goes towards paying for his own incarceration.

There is, and always should be, a cost and penalty for being stupid. The stupider the action, the higher the price.

And I don't care if you are friends with him. I helped lock away one of my half brothers for 12 and a half to 25 for second degree murder. He did the crime, he should pay the penalty, and he was family. This moron I wouldn't know if I hit him with my car, although if he was stupid enough to pit his 150-200 pounds, if he's that big, against the 3000-4000 pounds of my car, then he earns that as well.

broadpaw 7 years, 8 months ago

Okay, LJWorld, I've seen it twice now and it's my turn to call you out on it. "1311 Del" is not an address and it's just more distracting than anything. Use the full word for the street name, and abbreviate the street, road, avenue, etc. People live there and they probably don't call Delaware "Del." Also, it looks tacky.

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