Jury recommends death for Kyle Flack in Ottawa quadruple murder case

Kyle Trevor Flack, 30, Ottawa, listens Thursday morning, March 31, 2016, at the Franklin County District Court, as a jury recommends that he be sentenced to death. Flack was sentenced to death Wednesday morning, May 18, 2016.

? A Franklin County jury on Thursday recommended the death penalty for Kyle Trevor Flack.

Flack, 30, was convicted last week in the deaths of Kaylie Bailey, 21, her daughter, 18-month-old Lana-Leigh Bailey, Steven White, 31, and Andrew Stout, 30.

The jury found Flack was guilty of capital murder in the deaths of Bailey and her daughter. The jury also found Flack guilty of premeditated murder in the death of White, and second-degree murder in the death of Stout.

After hearing closing arguments on the sentencing phase Wednesday afternoon, the jury deliberated about two hours before recessing for the night.

Jurors resumed deliberations Thursday without an appearance in court. They announced a verdict around 11 a.m.

Flack, dressed in a white dress shirt and green slacks, sat quietly at the defense table as Franklin County District Judge Eric W. Godderz read the jury’s verdict.

The jury decided that the aggravating factors in the case — Flack killed four people in a “heinous, atrocious and cruel” way — outweighed the mitigating factors in the case, including evidence that Flack suffered childhood trauma and had serious mental illnesses.

Flack’s mother, who sat behind him, sobbed quietly while her husband hugged her.

As deputies put handcuffs on Flack, he blew a kiss to State Deputy Attorney General Victor Braden and Franklin County Attorney Stephen Hunting, who declined to comment.

Some of the family members of the victims sat across the aisle from Flack’s mother and were also crying.

“Yes, I do think he should have got the death penalty,” Jackson Anderson, the older brother of Andrew Stout, who was engaged to marry Bailey, said outside the courtroom after the hearing. “It’s not just adults. Why should you kill a baby?”

The murders in the Flack case took place between April 20 and May 1, 2013, at a farmhouse in rural Franklin County, 8 miles west of Ottawa. All the victims were shot at close range with a 12-gauge shotgun. The body of Lana-Leigh, the toddler, was put in a suitcase and dumped by Flack into an Osage County creek.

Because the jury recommended death in the case of the mother and toddler, Godderz can either impose the death penalty or sentence Flack to life in prison without parole. A final decision will take place May 18, at which time Godderz will also sentence Flack for the first-degree and second-degree murders of White and Stout and for a felony gun charge.

The state of Kansas has not executed anyone since 1965, although 10 people are on death row, some of whom have been there for decades.