Man sentenced to probation after threatening driver, kids on K-10

photo by: Johnson County Sheriff's Office

Seth Austin Kenney

A judge on Monday sentenced a Johnson County man to 24 months of probation for reportedly pointing a gun at a fellow driver on Kansas Highway 10 and asking him if he wanted to die.

Seth A. Kenney, 20, of Gardner, was initially charged with four felonies: three counts of aggravated assault and one count of fleeing or attempting to elude a police officer. He entered a guilty plea Nov. 22 to one count of aggravated assault and one count of fleeing or attempting to elude police, according to documents in his case file.

As a condition of the two years of probation, Kenney was remanded to serve 21 days of shock time in the Douglas County Jail.

The police affidavit supporting Kenney’s arrest says that traffic was slowed on K-10 because of a car accident on May 10. A man told police that Kenney had pulled up next to him in a white Jeep, pointed a gun at him and asked him, “Do you want to die?” The man had two 13-year-olds in the vehicle with him.

Kenney then led law enforcement on a brief chase, according to the affidavit. The chase was quickly terminated because of the traffic conditions.

At his sentencing hearing, Kenney’s attorney, Tyler Garretson of Olathe, said that Kenney was a “different kid” from who he was when he was charged. Kenney has gained about 50 pounds since the day of the incident, Garretson said, and that “it’s amazing what sobriety does.”

Garretson also said Kenney had received a drug and alcohol evaluation and a mental health evaluation. Kenney had written apology letters to the driver and passengers whom he had threatened.

As part of his probation, Kenney must submit to random drug and alcohol testing, follow all recommendations of his mental health evaluation and maintain employment, among other things. Judge Kay Huff told Kenney that if he did well and followed all the conditions of his probation, she would consider early discharge.

Contact Mackenzie Clark

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Related coverage

Sept. 3, 2019: Affidavit: Gardner man reportedly asked driver on K-10, ‘Do you want to get shot?’

Aug. 7, 2019: Man charged with aggravated assault, fleeing police

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