Archive for Saturday, March 1, 2014

Prosecutors seeking Hard 50 sentences in Franklin County quadruple murder case

March 1, 2014

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Amended Flack Complaint ( .PDF )

Prosecutors have announced plans to pursue a Hard 50 sentence for two first-degree murder charges against an Ottawa man accused of killing four people in rural Franklin County last year.

Franklin County Attorney Stephen Hunting filed an amended complaint on Feb. 21 in which plans to pursue a Hard 50 sentence for two counts of first-degree murder against Kyle Trevor Flack were laid out.

Flack was arrested in May and is accused of killing Andrew Adam Stout, 30; Steven Eugene White, 31; Kaylie Kathleen Bailey, 21; and Bailey’s 18-month-old daughter, Lana-Leigh, between April 20 and May 1.

The amended complaint also still includes the charge of capital murder, alleging that Flack killed Kaylie Bailey and Lana-Leigh Bailey “in two or more acts connected together” on May 1.

The two first-degree murder charges stem from the killings of White, alleged to have occurred between April 20 and April 29, and Stout on April 29. Both charges reference Flack’s prior conviction of attempted second-degree murder, for which he served four years in prison for the 2005 shooting of Ottawa resident Steven Dale Free. Prior to Flack confronting Free and shooting him five times at his home, Free had fired Flack from a job helping him with handyman work.

Flack is also still being charged with criminal possession of a firearm, but a previous rape charge has been reduced to attempted rape in the state’s amended complaint. The new charge filed by Hunting alleges that on May 1, Flack bound and gagged Kaylie Bailey before Flack either failed or was prevented from carrying out the rape.

Deputy Attorney General Victor J. Braden is leading the prosecution in the case, alongside Hunting and Deputy County Attorney James T. Ward. The defense is being led by Ron Evans, who heads the Kansas Death Penalty Defense Unit in Topeka.

Flack is being held in Franklin County on a $1 million bond and will return to court for a two-day preliminary hearing set to begin on March 11. An additional evidentiary hearing will be heard just before the first day of the preliminary hearing. The evidentiary hearing was previously scheduled for Feb. 13 and was to be closed to the public, but on Jan. 30 prosecutors withdrew their request to close the hearing and moved to continue it to March 11.

The state also moved to endorse an additional 829 witnesses in the case in January. In the new complaint filed last month, 39 total witnesses are named.

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