DERBY, Kan. – According to a spokesperson from the Sedgwick County Sheriff’s Office, the mother killed in Saturday’s shooting in Derby had an active protection from abuse order against her husband, Randy Gile.

Authorities believe 33-year-old, Randy Gile shot at his father-in-law causing minor injuries and then shot and killed his wife, Kristin Gile before turning the gun on himself.

Kristin’s family has said that she was trying to escape an abusive relationship.

Court documents show at least two protection from abuse (PFA) orders were filed against Randy Gile.

One was on July 31, 2016 and the other was active on the day Kristin was killed.

Police records also show that Randy Gile was arrested on September 16, 2018 on suspicion of seven counts of aggravated assault and one count of criminal threat.

There was also a report made to Wichita police alleging child endangerment on the same day.

Trevor Riddle, a Wichita attorney, said PFAs are typically issued for one year.

“In Sedgwick County, the petitions are granted on an emergency basis,” Riddle said.

Kristin’s family said she had no idea her husband was out of jail.

Riddle said there’s no requirement that victims be notified when a suspect is released.

“In Kansas, victims of crimes have a constitutional and statutory right to be notified of things like court appearances of the defendant,” Riddle said. “That constitutional and statutory right does not mandate that crime victims be notified when their assailant is released from jail.”

The Sedgwick County Sheriff’s Office said there is a program called Vine Link where victims can sign up to be alerted when someone is released from jail but couldn’t say if Kristin Gile had signed up for the service.

Divorce proceedings between Kristin and Randy Gile had been started back in 2016, but were not completed.

KSN is reaching out to find out more specifics about the PFA orders. Those documents were not available for release because of the national Columbus Day holiday.

For more information about Vine Link and its services to crime victims, click here.

For full interview, see KSN.com

WICHITA, Kan. – Who’s Who Legal: Business Crime Defense 2018 – a strategic research partner of the American Bar Association’s Section of International Law – has named Dan Monnat, of Monnat & Spurrier, Chartered, one of the world’s leading business crime defense attorneys for both corporations and individuals.

Monnat has practiced in Kansas for more than 40 years, handling criminal and white-collar criminal cases that have attracted worldwide attention, including the defense of late-term abortion provider Dr. George Tiller.

Monnat is a Fellow of the International Academy of Trial Lawyers, the American College of Trial Lawyers, the American Board of Criminal Lawyers, the American Bar Association and the Kansas Bar Association.

A graduate of California State University, Monnat received his J.D. from Creighton University School of Law and is a graduate of Gerry Spence’s Trial Lawyer’s College.

A frequent national lecturer and editorial contributor on criminal defense topics, Monnat is the author of “Sentencing, Probation, and Collateral Consequences,” a chapter of the Kansas Bar Association’s Kansas Criminal Law Handbook, 5th edition.  From 2007 – 2011, Monnat served on the Kansas Sentencing Commission as a Governor’s appointee. He currently sits on the Kansas Trial Lawyers Association’s Board of Editors.

Monnat served as a member of the National Association of Criminal Defense Lawyers Board of Directors from 1996 – 2004, and is a two-term past president of the Kansas Association of Criminal Defense Lawyers.

WICHITA, Kan. – Monnat & Spurrier, Chartered’s Dan Monnat – annually recognized by Best Lawyers in America for more than 30 years – was honored by Best Lawyers again this year in four distinct practice areas: Criminal Defense-General Practice; Criminal Defense-White Collar; Bet-the-Company Litigation; and Appellate Practice. Additionally, Trevor Riddle was recognized for a second consecutive year in the area of Criminal Defense-General Practice.

A nationally recognized trial lawyer, lecturer and author, Monnat currently sits on the Kansas Association of Justice’ Board of Editors and is the Criminal Law Chair.  He has been designated a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the American Board of Criminal Lawyers, and the Litigation Counsel of America.

Monnat has practiced in Wichita for more than 40 years. A graduate of California State University, Monnat holds a J.D. from Creighton University School of Law and is a graduate of Gerry Spence’s Trial Lawyer’s College.

Riddle has earned a statewide reputation for deftly handling scientific witnesses such as forensic laboratory technicians, doctors, biomechanical engineers and other expert witnesses in an array of important cases. He was the first attorney in Kansas to argue the admissibility of polygraph evidence under Kansas’ recently amended rules of evidence. Riddle’s practice focuses on the defense of those accused of white collar crimes, violent crimes, drug offenses, and sex offenses.

A graduate of Oklahoma State University, Riddle earned a bachelor’s degree in philosophy, with an emphasis in the philosophy of science. He earned his J.D. from the University of Kansas School of Law. While in law school, Riddle clerked for the Douglas County Kansas District Attorney and, after law school, prosecuted and tried cases as an Assistant Butler County Attorney.

Riddle is a member of the National Association of Criminal Defense Lawyers (NACDL) and is a graduate of the NACDL White Collar Criminal Defense College sponsored by Stetson University College of Law. He also is a member of the Kansas Association of Criminal Defense Lawyers, the American Bar Association, the Kansas Bar Association, the Wesley E. Brown Inn of Court and the Wichita Bar Association.

Inclusion on the Best Lawyers list is based on a confidential, nationwide peer survey that rates attorneys on professional competency, legal scholarship, pro bono service, and achievement.

Monnat & Spurrier was founded in 1985 by Monnat and legal scholar Stan Spurrier. The firm has seven lawyers and has earned a reputation for its work in criminal defense, white-collar criminal defense and appellate practice.

WICHITA, Kan. – Best Lawyers in America® has named Sal Intagliata, of Monnat & Spurrier, Chartered, Wichita’s “Lawyer of the Year” in the area of Criminal Defense: White Collar.

Inclusion on the Best Lawyers list is based on a confidential, nationwide peer survey that rates attorneys on professional competency, legal scholarship, pro bono service, and professional achievement.

“I am proud of my profession, and I consider it an honor to be recognized by my peers for my work,” Intagliata said.

Intagliata’s career includes 17 years as a distinguished criminal defense attorney in private practice, as well as four years as a Sedgwick County Assistant District Attorney, where he prosecuted cases in the Gangs/Violent Crimes Division from 2005-2009.

Intagliata was named a shareholder of Monnat & Spurrier in 2016. His practice focuses on criminal, white-collar criminal, and appeals in federal and state courts throughout Kansas. He holds an AV Preeminent rating from Martindale-Hubble.

Intagliata currently serves on the Kansas Judicial Council Criminal Law Subcommittee. He previously served as Vice President of the Wichita Bar Association and as a member of its Board of Governors, and on two separate occasions he served as the Chair of the Association’s Criminal Practice Committee. Intagliata also served two terms on the Board of Governors of the Kansas Association of Criminal Defense Lawyers.

Intagliata earned his bachelor’s degree, with distinction, from the University of Kansas, graduating with dual majors in political science and Spanish. He earned his J.D. from the University of Kansas School of Law in May 1995. Intagliata is also a graduate of the National Criminal Defense College.

Founded in 1985, Monnat & Spurrier is one of the state’s premier firms in the sectors of criminal defense, white-collar criminal defense, and appellate practice. The firm has seven attorneys.


WICHITA, Kan. (KSNW) – A Wichita man is asking questions after he claims police disabled his security cameras inside his home after police say they were searching for a shooting suspect.

Can police disable your security cameras when they enter your house?

“Then they just want to toss my stuff around so that I cannot see anything else going on in my house,” says Rogers. “Mad, you know, disappointed and angry that they would even do that.”

What his security camera footage appears to show is someone with a law enforcement agency knocking his security unit to the ground. He says during the video law enforcement did not have a warrant to be in his home. Something neither the sheriff’s office or police department is able to confirm right now.

Rogers claims in another video his camera system was disabled. Law enforcement was looking for Eli Mendoza, who Rogers says has been staying at his home. It is unknown right now if a warrant had been served. Wichita police will only say it was a multi-agency response, and they were lawfully at the home. But even if law enforcement was there legally was what Rogers is claiming happened legal?

“What authorized them to turn off the camera and why in the world would they need to be turned off in an era of transparency?” asks Defense Attorney Dan Monnat.

Monnat says just because officers can lawfully be in your home the homeowner still has a right to privacy.

“In the modern era it is difficult to imagine a warrant or an exception to the warrant requirement that would permit the disarming or unplugging of a private homeowner’s security camera,” says Monnat.

We are still asking both the sheriff’s office and police department questions to find out which agency was responsible for turning the camera off.

See full video at KSN.com

WICHITA, Kan. – There’s a video circulating online of a Wichita couple going live on Facebook as they claim they’ve found their stolen vehicles at a residence in the city.

In the video, they’re seen holding someone at gunpoint, while police are called. Things escalate, and at one point the couple, both armed with handguns, confronts a man about their missing trucks.

Wichita police say that man was not arrested, but they did arrest a woman on four counts of suspicion of criminal deprivation of property. The video online has been viewed thousands of times.

Nina Smith says she reported two of her trucks stolen over the weekend.

“We came home from vacation Friday night, and the Yukon is missing from my driveway so I call and make a police report on it,” said Smith. “We left to pick up our dogs from my mom’s house, we come back and my Dodge pickup is now gone, so now I’m down two vehicles.”

The next day, Smith says a friend told her about an online post where stolen vehicles may have been found. She and her husband decided to check out the location and said they found their vehicles. That’s when things started to escalate.

The pair confronted a man at a North Wichita home, both pointing their guns.

“We were on the phone with 911 whole time — the whole 17 minutes,” said Smith.

She says when police arrived, the intensity continued.

“All three got on hands and knees with handcuffs, and they had to put us in back of vehicle and detain us until they got whole story, they didn’t know if we were lying or not they did what they had to do,” said Smith.

Wichita police confirm that Saturday morning, 911 received multiple calls of a disturbance at a north Wichita residence. Police say four stolen vehicles were recovered at the home, and a 38-year-old woman was arrested for four counts of criminal deprivation of property. Police say they’re still investigating.

“They said we did citizen’s arrest, we feared for our safety, and we retrieved stolen vehicles,” said Nina.

Nina and her husband say they were eventually let go, and they stand by their actions.

“Couple elements I would have changed, but I would have definitely held him at gunpoint again,” said Nina.

Defense Attorney Dan Monnat says it can be dangerous when individual citizens take the law into their own hands, but it can be legal depending on the circumstances.

“We have laws in the state of Kansas that allow people to use such force as a reasonable person would use to recover their property, and we have laws in the state of Kansas that allow people to make citizens arrests,” said Dan Monnat, Defense Attorney. “There may be some discussion about whether or not in modern day Wichita we want gun-toting vigilantes making arrests like in the wild, wild west, but the law is what the law is.”

Police say every situation is unique, the best bet is to call 911 to report a theft or any crime.

“It’s important to notify authorities if you do see your stolen vehicle so that we can respond, and investigate the situation appropriately,” said officer Charley Davidson, Wichita Police Department.

Police say if you know anything about this investigation to contact them or call Crime Stoppers at 316-267-2111.

See full interview at KSN.com

WICHITA, Kan. (KAKE) –

For months, the disappearance of Lucas Hernandez has been on the minds of many in this community, including criminal defense attorney Dan Monnat.

“Speculation in these cases is always to be avoided. Science and medicine will tell us the manner in which Lucas Hernandez died, whether that’s by criminal means or by natural causes or accident,” said Monnat.

In this case, Monnat said to stick with the facts:

February 17 at 6:14 p.m., Emily Glass called police and reported her boyfriend’s five-year-old son missing from their home in the 600 block of South Edgemoor, in southeast Wichita. She told police that she last saw Lucas that afternoon when she took a nap at their home.

February 21, Emily Glass was arrested. She was eventually charged with one count of child endangerment regarding her one-year-old daughter.

May 16, Emily Glass was found not guilty in the child endangerment case and was released from jail.

May 24, Emily Glass led a private investigator Lucas’ body under a bridge in Harvey County. She was arrested and booked for felony obstruction of justice.

May 30, Emily Glass was released from jail. The district attorney announced that no charges would be filed “while investigators continue to follow up on newly developed leads and await the results of forensic examinations.” The statement also stated, “The autopsy report in particular, will not be final until the result of the toxicology exam is complete.”

June 8 at 1:38 a.m., Emily Glass is found dead inside the South Edgemoor house. Officers found a rifle near her feet, and three suicide notes in the house.

“Some may regard the suicide of Emily Glass as permitting some kind of inference of guilt. But again, thorough law enforcement investigation, medicine and science will tell us what really happened; speculation never will,” said Monnat.

See full story at KAKE.com

WICHITA, Kan. (KSNW) – Released without prejudice.

The stepmother of Lucas Hernandez walked out of the Sedgwick County Jail again. This, after District Attorney Marc Bennett announced he wouldn’t be filing charges against Emily Glass yet.

Many in the community left with questions.

“I don’t find why they released her. It is like a joke,” says Candace Gallegos-Serna, who stood in protest of the release.

Sunglasses on, head down, and surrounded by family, Glass walked out of the jail.

“No charges are being filed today as we continue to follow up on newly developed leads,” explains District Attorney Marc Bennett.

“In Sedgwick County, we have diligent law enforcement officers and a wise and cautious district attorney,” adds Defense Attorney Dan Monnat.

By law, if you don’t charge someone within 72 hours of arresting them, they have to be released.

Monnat says he believes that Bennett is waiting for the autopsy and toxicology report before jumping to conclusions.

“They have to be able to prove beyond a reasonable doubt that the child died of criminal means rather than natural causes,” says Monnat.

“How are you going to know exactly where the body is?” asks Gallegos-Serna.

A question asked by man after police arrested Glass a few hours after finding Lucas’s body, saying it was Glass who led a private investigator to exactly where the body was.

Monnat says that isn’t proof of anything.

“I think it is dangerous to leap to conclusions about the allegation that a person supposedly led a private investigator to the child’s body, and, therefore, the person is guilty,” says Monnat. “That sounds like speculation.”

See full story at KSN.com

A former Wichita third-grade teacher caught dealing cocaine out of her kitchen won’t go to prison for now — but she will have to serve a 60-day jail sanction as a condition of her probation.

Heather K. Jones, 49, pleaded guilty on March 16 to one count of distributing cocaine and one count of using a phone for drug sales or purchases. Other drug distribution charges she originally faced were dismissed as part of her plea agreement with prosecutors.

Sedgwick County District Court Judge Bruce Brown on Thursday granted Jones’ request for probation after hearing a lengthy argument for it from her defense attorney, and testimony from several women who painted her as a gifted educator and generous friend.

But, he said in court, he was doing so “with some hesitancy.” Prosecutors asked that she be sent to prison.

“You’re a teacher. You know the issues drugs have in schools,” Brown told Jones before announcing her sentence.

“This is a very serious crime. … The effects of the crime of distribution of cocaine has on this community and on the individual lives of people — it’s horrendous. It’s a scourge on this community,” he said, adding that drug use and sales is the driving force behind much of Wichita’s crime.

Document: Wichita teacher sold cocaine to undercover deputy 7 times

Jones was teaching at Enders Open Magnet Elementary School in south Wichita when she was arrested in the drug case on July 11, 2017. By then she had worked for Wichita Public Schools for just shy of 10 years.

Law enforcement say she sold more than 100 grams of cocaine for just over $3,700 to an undercover Sedgwick County Sheriff’s Office detective who met her seven times at her home between June 7 and July 11.

During one of the sales, Jones told the detective that she liked to pack cocaine for her customers into pink jewelry boxes that sometimes included a necklace, according to a law enforcement affidavit that provided justification for the criminal charges filed against her.

Once she gave the detective a Kit Kat candy bar bag filled with packets of the drug, the affidavit said.

According to court documents, Jones started buying cocaine for her own use in 2012 – while she was a Wichita public schools employee. Later she started providing it to a male friend, the documents say.

That friend eventually introduced her to the undercover detective, her defense attorney, Trevor Riddle, said in court.

A psychologist hired by Jones also testified Thursday that childhood abuse and trauma involving men that carried into her adulthood played a key role in her decision to buy and sell cocaine.

In Jones’ mind, she was providing the drugs to men so they would like her, the psychologist, Lance Parker, testified.

“Heather truly believed the only way to keep these men in her life was to do what they asked — which was to obtain cocaine,” Riddle said.

Sedgwick County Assistant District Attorney Mandee Schauf argued that money was the reason Jones sold drugs.

“This is about $3,000. … It’s not about pleasing these men,” Schauf said.

When it was her turn to speak, Jones apologized and blamed herself for her crimes. “I honestly believe in myself that I can be better,” she said.

In addition to serving probation and the sanction, the judge told Jones she had to pay $3,730 to the Sheriff’s Office’s narcotics restitution fund – which is the amount of money she accepted from the undercover detective during the drug deals.

He also ordered her to attend substance abuse treatment meetings three times a week for at least 90 days.

Jones is no longer a teacher with Wichita public schools and lost her teaching certification. If she violates the terms of her probation, she could be sent to prison for 25 months.

See full story at Kansas.com

WICHITA – What can police do, and not do, when they visit your home?

It’s a conversation many are having after Wichita police intentionally turned and blocked a camera on Sunday night.

“Due to safety concerns, one of the officers turned the camera away from where officers were standing on the porch,” explains Office Charley Davidson.

Defense Attorney Dan Monnat says, “It is an invasion of your privacy.”

In a report filed following the incident. One of the responding officers says they turned the camera to gain tactical advantage. Adding “and hoped that the occupants inside the residence would not see that it was the police there and open the door….”

“In our policy we can do what we need to stay safe,” says Officer Davidson. This was a violent known offender.”

Of course, safety is a top priority for police. But Monnat says what this officer did violated the homeowner’s rights.

“Police officers can’t go on your porch and do to your private property what would inspire most of us to, well, call the police.”

Without a warrant Monnat thinks this was a clear violation of the 4th amendment. The right of the people against unreasonable searches and seizures.

He says the amendment serves two purposes, to protect your rights, and the officers’.

“Officer safety is always a concern. It is a concern that the 4th amendment takes care of. It requires them to do what is reasonable. Obtain a warrant; if they are going to do more than an invitee, or social visitor is entitled to do…come on the porch.”

Police say they are going to do an internal investigation of the incident, which includes the officers body cam footage from that night.

See full interview at KSN.com