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Archive for Friday, May 10, 2013

Suspect in Ottawa killings charged with four counts of first-degree murder; could face death penalty

May 10, 2013

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Kyle Flack makes his first appearance in court. He was charged in the Ottawa homicides. Photo by Bobby Burch/The Ottawa Herald

Kyle Flack makes his first appearance in court. He was charged in the Ottawa homicides. Photo by Bobby Burch/The Ottawa Herald

Kyle Flack makes his first appearance in court. He was charged in the Ottawa homicides. Photo by Bobby Burch/The Ottawa Herald

Kyle Flack makes his first appearance in court. He was charged in the Ottawa homicides. Photo by Bobby Burch/The Ottawa Herald

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Flack indictment ( .PDF )

Franklin County Sheriff Jeff Richards addresses the media Friday afternoon shortly following Kyle T. Flack's first court appearance where he was charged with murder and rape.

Franklin County Sheriff Jeff Richards addresses the media Friday afternoon shortly following Kyle T. Flack's first court appearance where he was charged with murder and rape.

Kyle T. Flack was charged with four counts of first-degree murder Friday of a woman and two men whose bodies were found in rural Ottawa earlier this week, as well as a toddler whose is still missing but presumed dead. He could face the death penalty if convicted.

Bond in the case was set at $10 million.

The 27-year-old Ottawa man made his first court appearance at the Franklin County courthouse Friday afternoon to hear the charges, which also included a count of rape, a count of criminal possession of a firearm and two counts of capital murder, which opens up the possibility that Flack could face the death penalty if convicted.

Franklin County Attorney Stephen Hunting said his office had not yet decided whether to seek the death penalty in the case.

Flack who served four years in prison for attempted murder in the 2005 shooting of an Ottawa man and is said to have had mental and drug problems, appeared in court Friday wearing an orange- and white-striped prison uniform. He asked the judge “Do I get an attorney?” and was assigned Ron Evans, head of the Kansas Death Penalty Defense Unit in Topeka.

Flack told the judge he was eager to talk to Evans, saying, “The sooner I can see him, the sooner I can wrap this up.” His next court appearance, at which he could enter a plea, is scheduled for Monday at 1:30 p.m.

Even as Flack was read the charges, law enforcement officers were combing the area around the murder scene at 3197 Georgia Road, about five miles west of Ottawa, looking for clues and for the body of one of the victims, 18-month-old Lana-Leigh Bailey.

“Mr. Flack has not indicated where Lana is," Hunting said.

The bodies of Lana-Leigh’s mother, Kaylie Kathleen Bailey, 21, of Olathe; Bailey’s boyfriend, Andrew Adam Stout, 30, of Ottawa; and Steven Eugene White, 31, of Ottawa; were found on the property earlier this week.

Officials continued to decline to say why they believe Lana-Leigh is dead, but they said all the victims had been shot.

The officials offered a bit more detail about when the homicides had occurred, saying they believe that White, who lived at the house with Stout, was killed between April 20 and 28, and that Lana-Leigh, her mother and Stout were all killed at the same time between April 28 and May 6. Bailey also was raped, according to the charges.

The bodies were found earlier this week. Flack, who apparently took Bailey’s black Toyota from the house, was detained Wednesday as a “person of interest” and arrested a day later. His relationship to the victims is not clear.

Franklin County Sheriff Jeff Richards said that because the Toyota was found in Emporia, investigators are looking for clues between there and Ottawa, about 55 miles away.

Richards said more than 150 law enforcement officers are working the case, including investigators from the KBI, the Federal Bureau of Investigation and area police departments.

Searchers on horseback could been seen Friday on either side of Georgia Road, where the Ottawa property is located, and along Highway 68, which goes past the property. Officials have also used dogs and aircraft in the search over the past couple of days.

At one point Friday afternoon, several police vehicles with small boats on trailers were seen heading north on Florida Road, just west of Georgia Road, but it was unclear where they were headed. There aren’t many significant bodies of water in the area, and it was unclear why the searchers might be using boats.

Comments

Scut Farkus 1 year, 7 months ago

I could never understand the low sentencing for attempted murder. Just because someone failed to finish the job it makes the crime no less evil. We need to start releasing non-violent criminals and incarcerating these sociopaths for life. How could our justice system NOT see this coming.

Bob Forer 1 year, 7 months ago

Precisely. But part of the fault lies with the former prosecutor. he guy is an unmitigated sociopath. If the County Attorney would have done his job the first time around and took Flack to trial and convicted him of Attempted First Degree Murder, instead of allowing him to plead guilty to attempted second degree murder, Flack would still be in prison and four dead people would still be enjoying their lives.

it was clearly an attempted first degree murder. Flack lay in wait until the victim went outside, and then he emptied his revolver into the victim.

Absolutely outrageous.

Grump 1 year, 7 months ago

Was the prosecutor a woman or man?

Jared Paslay 1 year, 7 months ago

He should have the right to a fair trail and if he is convicted on all counts he should be hang that way it would save us taxpayers $$$$ instead of locking him up for life.

Maracas 1 year, 7 months ago

Pursuing the death penalty is a much, much more expensive process.

just_another_bozo_on_this_bus 1 year, 7 months ago

What does "streamline" mean in this context? Summary execution would certainly be a "streamlined" process. Is that what you have in mind?

jhawkinsf 1 year, 7 months ago

No, I did not mean summary execution. On the other hand, an execution should not take multiple decades either. Or in the case of Kansas, the death penalty should not be in name only. Either use it or not. But what we have now is a charade, a hoax, a game.

riverdrifter 1 year, 7 months ago

Flack has that bemused look on his face like something quizzical happened to HIM, such as getting rear-ended at a 4-way stop. Though he should be given the dirt nap juice if found guilty he'll probably be cell neighbors with Scott Roeder well into this century. That's a shame as both should be neighbors with Dick Hickock and Perry Smith long before then.

riverdrifter 1 year, 7 months ago

"At one point Friday afternoon, several police vehicles with small boats on trailers were seen heading north on Florida Road, just west of Georgia Road, but it was unclear where they were headed. There aren’t many significant bodies of water in the area, and it was unclear why the searchers might be using boats"

Shucks, that's not hard to figure out: from Google Earth there's a large watershed pond just to the west of the property.

jonas_opines 1 year, 7 months ago

Seems like his brain wasn't wired properly. Pretty clear complete sociopath here. This is a really sordid story in all of its details. Last few articles sounded like a laundry list of jailtimes and killing. Gonna guess there was drugs or money involved with one of the men who lived at the house, and she was just there because she was dating the guy. Sad.

question4u 1 year, 7 months ago

“Kansas is building a culture of life. All human life is sacred, beautiful, precious. No matter who, no matter where.”

--Sam Brownback

jhawkinsf 1 year, 7 months ago

Sam Brownback rarely chooses his words well. Sam Brownback rarely speaks the truth. This quote highlights that fact very well.

StirrrThePot 1 year, 7 months ago

The so-called pro-lifer is nothing more than a lying hypocrite if that person is also in favor of the death penalty. Flack should spend life in prison in the state that claims all life is beautiful and precious and shouldn't be terminated.

Deb Engstrom 1 year, 7 months ago

Where does the death penalty fit into this????

Deb Engstrom 1 year, 7 months ago

I'm sure these problems didn't just surface in the last 7-8 years. One of those kids with significant needs that falls through the cracks. A very sad story.

verity 1 year, 7 months ago

Flack was obviously another tragedy waiting to happen. At this point, his punishment is rather a moot point---unless he is allowed out into society again.

The real question here is, what are we going to do to try to stop this sort of thing in the future? Obviously, we can't stop every incident, but the cracks that Flack fell through were in plain sight and very large.

We need to have an intelligent conversation on this, not knee-jerk reactionism. What I "feel" works doesn't mean a thing. We need to look at facts and put them together in some coherent manner.

verity 1 year, 7 months ago

Question for an authority on the law:

It seems the first person he shot died some years later from the consequences, although the article doesn't make that clear. If so, could Flack not have been prosecuted for murder?

"Free was taken by air ambulance to a hospital, and placed in a medically induced coma. He survived, but was unable to work because of nerve damage to both arms. He died in 2011."

I agree with Perses above, attempted murder should be treated much more seriously than we do currently.

just_another_bozo_on_this_bus 1 year, 7 months ago

Sentences are based on rather narrow definitions of the criminal acts committed, and the criminal background of the perpetrator.

They are not based on any estimation (however determined) of how likely it is for a convicted criminal to commit further criminal acts.

Flack almost certainly has biochemical and/or neurological deficiencies that limit his impulse control and ability to feel empathy. That in itself is not a crime, but it's likely the cause of his criminal actions. How do we identify people like that, and should they be imprisoned or otherwise placed under close supervision before they've been able to commit heinous criminal acts? If so, that raises all kinds of constitutional questions.

shaunepec 1 year, 7 months ago

Verity, Flack was already convicted and sentenced by that time, so they couldn't have gone back and prosecuted him again.

Shaun Hittle Reporter LJW

jhawkinsf 1 year, 7 months ago

Flack had been convicted of "attempted" murder. If it could be shown that the victim later died of those injuries, a new charge of murder could be filed. Different charge means no double jeopardy.

jafs 1 year, 7 months ago

Double jeopardy applies to those who've been acquitted, not convicted.

meggers 1 year, 7 months ago

So is he claiming he didn't do it? How can they presume the child is dead, then? I assumed he confessed, but it doesn't sound like it based on his statements in court.

Bob Forer 1 year, 7 months ago

I was in Ottawa on Friday. According to a reporter I spoke with, the scuttlebutt is that he confessed to all four murders, which is why the police are assuming the child is dead.

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