Archive for Friday, April 12, 2013

Kansas Supreme Court rules in two cases involving indecent liberties with minors

April 12, 2013

Advertisement

— The Kansas Supreme Court on Friday issued decisions in two local cases dealing with indecent liberties with minors.

In a Douglas County case, Zachary Toahty-Harvey pleaded no contest to a charge of aggravated liberties with a child and was sentenced to five years in prison and then lifetime supervision after his release.

The charge stemmed from allegations that in 2009, Toahty-Harvey, then 26, fondled a 12-year-old girl.

Toahty-Harvey claimed that post-release lifetime supervision was cruel and unusual punishment, but the court rejected his arguments and affirmed the sentence.

In a Jefferson County case, Mark Waggoner, who at the time was 58, was convicted in 2010 of aggravated indecent liberties with a child under 14.

He was sentenced to life imprisonment with a mandatory term of no less than 25 years. The court also sentenced him to lifetime post-release supervision and electronic monitoring.

The Supreme Court upheld his conviction and sentence, but said that because he was sentenced under Jessica's Law, which imposes a harsher sentence on defendants, he could only leave prison if granted parole, at which time the terms of his release would be set.

Commenting has been disabled for this item.

loading...