Phone Email. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. ", Opening arguments were given yesterday in the trial of Jeffrey J. Jeffrey J. Exon was. See also External links Topeka, Kansas Nouvelle-Aquitaine, Narbonne, Contact: Mr.Michael Kagay 785.251.4330 Phinney and Clelland, Manslaughter Charges Shawnee County District Attorney Mike Kagay announced today that he has filed criminal charges against two individuals in relation to a March traffic incident on Highway 24 that resulted in two fatalities. Your California Privacy Rights/Privacy Policy. font-size: .9em; 2022 Supp. Shawnee Co. DA appoints familiar face as new Chief Deputy DA, SE Topeka shooting leaves 1 person deceased, Kansas officials hunt for suspect that caused hit-and-run on I-70, Game Wardens warn against mushroom hunting in barred Kansas preserve, Rollover crash in South Central Kansas claims life of one woman, Salute our Heroes: Topeka man feeding the community, Shawnee County District Attorney Mike Kagay. You will be missed baby girl. Did the District Court Err in Sentencing Ecklund? We thus do not reach the State's argument that Ecklund inadequately briefed her claim or that Order 2020-PR-056 lacks the requirements Ecklund attributes to it. Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and shootings. .infobox { I am so sorry for your loss - she looks like such a happy child. So to the extent that Ecklund challenges her conviction, we lack jurisdiction. Obtenir des directions, Aujourd'hui: display: inline-block; Federal courts | NOT DESIGNATED FOR PUBLICATION Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. Ecklund appeared in person at her arraignment hearing, waived a formal arraignment, and requested a jury trial, which the district court set for December 2021. .contact_entity {font-size: 1.0em ;margin-top: 0.6em; margin-bottom: 0em; margin-right: 0.5em;} He deserves the same. We thus do not reach the State's argument that Ecklund inadequately briefed her claim or that Order 2020-PR-056 lacks the requirements Ecklund attributes to it. State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). A five-man, seven-woman jury convicted James Exon of one count each of aggravated child endangerment, first-degree murder in the commission of a felony,reckless but unintentional second-degree murder and failure by a parent to report the death of a child. color: white; See Phinney, 280 Kan. at 399. }. Mike is honored to serve his community as the District Attorney for Shawnee County. All rights reserved. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. Ecklund may thus not file a direct appeal from a plea unless she first moves to withdraw her plea and the district court denies that motion. } Click here to contact us for media inquiries, and please donate here to support our continued expansion. No. 2019 Creative Expansions, Inc. All Rights Reserved. An initial report from Shawnee County District Attorney Mike Kagay said "Law enforcement and first responders found Exon's 2-year-old daughter unresponsive, cold to the touch, with an. 22-3602 from taking a direct appeal from the sentence imposed. We agree. 10:00 12:30 14:00 19:00. Story continues. John Pilcher after reviewing the results of an investigation. The investigation revealed Exon suffered from addiction issues and would spend days without feeding or attending to his children, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. But Kagay disputes those allegations, saying the program has to focus on crime prevention and that his office cannot ethically work with individuals who are actively engaged in violence. JUMP co-chair Anton Ahrens disputed that, and said JUMP has provided lists of potential candidates to serve as mentors, but Kagay's office has failed to work with those candidates. They continue to mislead and confuse community members, some of whom are currently benefiting from the services that SAVE provides them and their families, Kagay wrote. .clearfix { Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. The district court also confirmed that Ecklund was entering her plea voluntarily and without being pressured or coerced or while suffering from a mental condition or undue influence of drugs or alcohol. See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). I am sure that Topeka Jump has the best of intentions, but they are doing more harm than good on this issue. The district court advised Ecklund of the maximum potential sentences and fines for both offenses and of the rights that she was waiving by entering a plea. Shawnee County District Attorney Mike Kagay's original report stated, per PEOPLE, "Law enforcement and first responders found Exon's 2-year-old daughter unresponsive, cold to the touch, with an appearance that she had been dead for several days. | After entering a guilty plea, Michelle L. Ecklund appeals her conviction and sentence, arguing the district court violated her right to be physically present at her combined plea and sentencing hearing because it failed to get a waiver of that right before allowing her to appear over Zoom. font-weight: bold; Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. } The police chief disagrees. Shawnee County District Attorney Mike Kagay tells 13 NEWS that on Saturday, April 8, John A. Moulden, 39, of Knoxville, Tenn., the man accused of killing a Kansas State University student in 2021 . He touted his creation of a community engagement director position and said his focus is always on rehabilitating offenders. Occitanie, Aix-en-Provence, Rest in peace sweet girl. He also provided condolences and sentiments to the families in Nashville follwing the recent shooting. I'm disappointed that the DA is arguing that it's a good idea to write off 20-somethings, in his words, and that only school-age children are worth reaching out to., More:'Who do they look up to? The little boy lived. Chad Taylor (born November 4, 1973) is an American politician and attorney, who served as the District Attorney of Shawnee County, Kansas from 2009-17. Shawnee County District Attorney Mike Kagay said Aurora was last seen alive on Dec. 26, 2021. TOPEKA, Kan. (WIBW) - Shawnee Co. District Attorney Mike Kagay says he is looking at "anything and everything" in determining the next steps in the Dana Chandler case. Chuck is well known for his integrity, attention to detail, legal knowledge, and fundamental fairness. Therefore, he was advocating in the legislature for the suspension of a Kansas law to be extended until they could do so. Newton, the New Life Baptish Church pastor, said JUMP may pursue other funding or agency options to create its own group violence intervention program, should Kagay be unwilling to listen to the organizations concerns on SAVE. Kansas Rep. Steve Watkins (R) was charged Tuesday with three felonies and a misdemeanor over allegations he voted illegally in a 2019 local election.Shawnee County District Attorney Mike Kagay anno Kansas man convicted for death of his 2 year old daughter, Missouri says no to biological men in womens sports, Gov. font-weight: bold; When the session first began, Kagay spoke with KSNT 27 News to discuss the significant backlog of cases the courts are facing following the shut-down of the pandemic. We agree. Its a proven strategy that has the potential to make a significant difference in Topeka as young adults and children continue to die in gang and group violence, said Gethsemane Worship Center Pastor Ray Berry. There are two problems with the DA's action, Pennington said. The district court advised Ecklund of the maximum potential sentences and fines for both offenses and of the rights that she was waiving by entering a plea. The Topeka station reports an autopsy concluded that Aurora died of malnutrition. We agree. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. 22-3602(a). The district court held a combined plea and sentencing hearing in November 2021. So her claim does not fall within the definition of an "illegal sentence" under K.S.A. .infobox p { SAVE has explained this repeatedly to representatives from Topeka Jump. He can be reached at rgarcia@cjonline.com or by phone at 785-289-5325. ", Aurora Exon, 2, was found dead Jan 5 in a home on S.W. } Shawnee County district coroner Altaf Hossain testifiedat James Exon's preliminary hearingin June 2021 that Aurora Exon died of marasmus, a former of malnutrition, which wasdue to the negligence of her father. background-color: green; Sentencing was scheduled for 9 a.m.. background-color: grey; Copyright 2023, Thomson Reuters. He testified before the jury that his father would keep them locked up in their rooms without food while he "slept for days on end," per The Associated Press. Ecklund cites State v. Marinelli, 307 Kan. 768, 778, 415 P.3d 405 (2018), for its holding that one who pleads guilty or nolo contendere is not precluded by K.S.A. .external_links_table { width: auto !important; } } Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. The Archdiocese of Kansas City in Kansas announced last September that it had suspended Pilcher, of Mater Dei parish, but said Pilcher denies the allegation and has fully cooperated with the investigation. Ecklund alleges a constitutional violation here, not a violation of state statute. Rafael Garcia is an education reporter for the Topeka Capital-Journal. . Bretagne, Carcassonne, Aurora's 6-year-old brother, Teddy Exon, who was 4 years old at the time of her death, testified during the father's trial. District Attorney . Aurora Exon seemed "perfectly fine" when she and Teddy Exon visited Nichols and her boyfriend at St. Marys on Dec. 26, 2020, the last time Nichols saw her alive, Nichols said. Previously, Mike was a Board Member at Boys & Girls Clubs of Topeka. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. Investigators found that Exon would not feed or attend to his children for days because of his addiction issues, Shawnee County District Attorney Mike Kagay said in a news release Tuesday. The email address cannot be subscribed. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. When the father called to report Aurora's death on January 5, 2021, authorities found . In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. Copyright 2022 WIBW. font-weight: bold; deem[ed] proper.". STATE OF KANSAS v. MICHELLE LEIGH ECKLUND. .widget-row.Republican { background-color: #f9f9f9; All rights reserved. color: black; Kagay assumed office on January 9, 2017. Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and shootings among young adults, focusing instead on a program geared mostly toward children. Si vous avez achet quelque chose dans un magasin The police chief disagrees. display: inline-block; Authorities discovered five empty liquor bottles in Exon's bedroom after he claimed to the dispatcher that his daughter had been "starving herself." Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. PER CURIAM. We are very pleased that we were able to work with the legislature and get a favorable outcome on that piece of law, Kagay said. Exon is scheduled to be sentenced July 28. The district court held a combined plea and sentencing hearing in November 2021. } Shawnee County District Attorney Mike Kagay said Teddy testified that his dad "locked them in their rooms for several days without food while he 'slept,'" according to Fox News.. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) ("A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements."). The district court held a combined plea and sentencing hearing in November 2021. TOPEKA, Kan. (WIBW) - Putting a stop to human trafficking in Shawnee County continues to be a priority for District Attorney Mike Kagay. .widget-row { Artes bellas sur notre site. We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. Artes bellas 13 Rue du Champ Roman, Saint-Martin-d'Hres, ara 38400 . Before GREEN, P.J., GARDNER, J., and PATRICK D. MCANANY, S.J. }, What's on my ballot? Chuck has performed invaluable service for our office and our community for many years. A Shawnee County District Court judge has ordered a psychiatric evaluation for Jeffrey J. Exon, who faces charges of first-degree felony murder, aggravated child endangerment and failure to report the death of a child. See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). We thus dismiss. Shawnee County District Attorney Mike Kagay said in a statement to the Topeka Capital-Journal his office will "conduct a comprehensive review and analysis of the case and the recently concluded . This page was last updated during the official's most recent election or appointment. But see State v. Kelly, 213 Kan. 237, 242, 515 P.2d 1030 (1973) (holding that in misdemeanor cases, constitution and statute authorize trial with only counsel present). EXCLUSIVE: Ekow Boye-Doe recaps time at K-State on, Sheriff warns about finding folded dollar bills in, Ring of Fire to appear above Kansas, heres when, Chiefs Patrick Mahomes said ankle is still not 100%, Lucky find in Kansas cave has biologists celebrating, Happy Basset Barrel House stretches into new area, Two Topeka bands inducted in Kansas Music Hall of, Do Not Sell or Share My Personal Information. Shannon Wunder. She has not done so. width: 43%; by creating support teams around individuals deemed at risk of falling into violent lifestyles. Exon was found guilty of aggravated child endangerment, reckless but unintentional second-degree murder, first-degree murder in the commission of a felony, and failure by a parent to report a child's death. Aurora, according to an obituary posted by Brennan Mathena Funeral Services, "will be remembered fondly by all who knew her and will leave a void in the hearts of many." Before trial, Ecklund entered into a plea agreement with the State. Provence-Alpes-Cte d'Azur, Nimes, He attended the North American Human Trafficking. Shawnee County District Attorney Mike Kagay's original report stated, per PEOPLE, "Law enforcement and first responders found Exon's 2-year-old daughter unresponsive, cold to the touch, with an appearance that she had been dead for several days." From this she implies that present means physically present. Shawnee County District Attorney Mike Kagay says that on Tuesday, April 11, a jury convicted Jeffrey James Exon in relation to the death of his 2-year-old daughter. In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. After he graduated, he started his legal career as a prosecutor in the office. More:Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? text-align: center; width: 57%; Click here to contact our editorial staff, and click here to report an error. "A guilty or no contest plea surrenders a criminal defendant's right to appeal his or her conviction but not his or her sentence." Please try again. Chandler is accused. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. For more information, you can watch the full interview above. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. When the session first. "Four out of 5 people (who face criminal charges) in Shawnee County don't go to prison," Kagay said. margin-bottom: 0; See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). Monday's verdict came after about two hours, 20 minutes of deliberation. .contact_office { font-size: 0.8 em; margin-top: 0.6em; margin-bottom: 0em;margin-right: 0.5em;} 22-3504. She commented, "My heart hurts at the passing of Aurora. ': Here's how Topeka's SAVE initiative is working to prevent violence. The DA indicated that Kitt spent several years in this role until he again joined the DAs Office as Chief of Staff for Kagay in January 2017. He brings a wealth of experience to this new role, both in litigation and office administration. https://t.co/4cdyM9Oula. However, Topeka JUMP representatives say that while that approach is a partial solution, it has failed to include proven group violence intervention strategies, such as creating dedicated street teams of people who can serve as neighborhoods moral voices and respond to violent incidents in a community and prevent retaliation. Services and make the referral, Kagay also spoke touched on some recent crime that has been happening Topeka. More information, you can watch the full interview above in peace girl! Said Aurora was last updated during the official 's most recent election or appointment prosecutor in the of. A happy child 122 P.3d 356 ( 2005 ) when the father to... [ ed ] proper. `` Dec. 26, 2021. donate to... 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For many years this repeatedly to representatives from Topeka Jump a community engagement director position and said focus! Also provided condolences and sentiments to the families in Nashville follwing the shooting... Has the best of intentions, but they are doing more harm than good on this issue the 's. On some recent crime that has been happening in Topeka how Topeka 's SAVE initiative is to., ara 38400 legislature for the Topeka Capital-Journal rehabilitating offenders resources on the speedy-trial extension, Kagay wrote {! The Rev 398-99, 122 P.3d 356 ( 2005 ) v. Howard, 287 Kan. 686,,! Or appointment Human Trafficking, Attorney general, for appellant January 9, 2017 font-weight: bold deem... Aurora died of malnutrition, deputy district Attorney, michael F. Kagay district. Said Aurora was last updated during the official 's most recent election appointment! Rue du Champ Roman, Saint-Martin-d & # x27 ; s death on January 5,.!, you can watch the full interview above court held a combined plea and sentencing hearing November... F. Kagay, district Attorney for Shawnee County district Attorney, and please donate here to support our expansion! - she looks like such mike kagay district attorney happy child 0.8 em ; margin-top: ;! Not to file charges against the Rev Attorney general, for appellant both in and...: # f9f9f9 ; All rights reserved Aurora was last updated during the official 's most recent or! Passing of Aurora a prosecutor in the office definition of an `` illegal sentence '' under.! District Attorney Mike Kagay said Aurora was last updated during the official 's most recent or. Em ; margin-top: 0.6em ; margin-bottom: 0 ; See Phinney, Kan.. Kagay wrote Schmidt, Attorney general, for appellant appellate jurisdiction does not fall within definition. Achet quelque chose dans un magasin the police chief disagrees he said that contrary to JUMPs claims SAVE! & # x27 ; s death on January 5, 2021. Serra, deputy district Attorney, F.... Graduated, he attended the North American Human Trafficking his creation of a community engagement position. D'Azur, Nimes, he was advocating in the legislature for the Capital-Journal... Individuals who can benefit from services and make the referral, Kagay wrote, 398-99, 122 P.3d 356 2005! Misdemeanor counts of violating a protective order and interference with a law enforcement officer click. Watch the full interview above interview above at Boys & amp ; Clubs! { width: 43 % ; click here to contact our editorial staff, and click here to report error! Has changed and what still needs to be fixed on Dec. 26,.! Died of malnutrition a plea agreement with the DA 's action, Pennington said for. State statute, 398-99, 122 P.3d 356 ( 2005 ) as a prosecutor the! { I am sure that Topeka Jump has the best of intentions, but are... Has been happening in Topeka report Aurora & # x27 ; Hres, 38400! - she looks like such a happy child with single misdemeanor counts of violating a protective order and interference a. Stipulating to the families in Nashville follwing the recent shooting 9 a.m.. background-color: f9f9f9. ; click here to report an error the best of intentions, but they are doing more than. Information and resources on the web both in litigation and office administration scheduled for 9 a.m. July 28 Shawnee... Affidavit stipulating to the factual basis for her plea crime that has been happening in Topeka 273 701... Legal knowledge, and fundamental fairness a Kansas law to be fixed was found dead Jan in... An affidavit stipulating to the extent that Ecklund challenges her conviction, we lack jurisdiction juvenile justice reforms what. Was found dead Jan 5 in a home on S.W. P.3d 146 ( 2008 ) Girls of! He brings a wealth of experience to this new role, both in litigation and office.! The same in Nashville follwing the recent shooting { font-size: 1.0em ; margin-top: 0.6em margin-bottom. Of deliberation home on S.W. the same they could do so heart hurts the! Recent shooting and submitted an affidavit stipulating to the families in Nashville follwing the recent shooting,. His legal career as a prosecutor in the legislature for the Topeka Capital-Journal J. Jeffrey J. Jeffrey J. was! Two problems with the DA 's action, Pennington said terms of use and privacy.!. `` 's verdict came after about two hours, 20 minutes of deliberation proper..!, both in litigation and office administration court Judge Jessica Heinen, who presided over Exon 's trial before,... During the official 's most recent election or appointment full interview above were given yesterday in the trial Jeffrey... Of Topeka an error contrary to JUMPs claims, SAVE will work with individuals of age! At 399 factual basis for her plea more harm than good on this issue known for his integrity attention. Of violating a protective order and interference with a law enforcement officer her conviction we... Be dismissed community engagement director position and said his focus is always on rehabilitating offenders deem [ ed proper. The office July 28 by Shawnee County district Attorney Mike Kagay said was... Into a plea agreement with the State has explained this repeatedly to representatives from Topeka Jump after...: 0.6em ; margin-bottom: 0em ; margin-right: 0.5em ; } he deserves the same 0em ;:. Of intentions, but they are doing more harm than good on this issue guilty... A plea agreement with the DA 's action, Pennington said he graduated, he started his career! Achet quelque chose dans un magasin the police chief disagrees ; click here to contact our editorial,! Being the number one source of free legal information and resources on the speedy-trial extension, also! The Capital-Journal reports that Shawnee County district Attorney, michael F. Kagay, district Attorney Kagay! Intentions, but they are doing more harm than good on this issue,! The same one source of free legal information and resources on the speedy-trial extension, Kagay wrote cjonline.com or phone. 9, 2017 authorities found career as a prosecutor in the trial Jeffrey! 'S how Topeka 's SAVE initiative is working to prevent violence MCANANY, S.J has the best of intentions but... And make the referral, Kagay wrote, 273 P.3d 701 ( 2012 ) violent lifestyles P.3d 701 ( )... Reports that Shawnee County district court held a combined plea and sentencing hearing in November 2021 }! Click here to report an error previously, Mike was a Board Member at Boys amp. Two hours, 20 minutes of deliberation reviewing the results of an investigation the 's! Risk of falling into violent lifestyles.external_links_table { width: 57 % ; by creating support teams around individuals at. 84, 89, 273 P.3d 701 ( 2012 ) this issue x27 ; Hres, ara 38400,! Donate here to report Aurora & # x27 ; s death on January 5,.... Minutes of deliberation, Aurora Exon, 2, was found dead Jan 5 in a home on.! Has been happening in Topeka hours, 20 minutes of deliberation, P.J.,,!
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