• Jun 25, 2017
  • KSN.com
  • -
  • by KSN.com

WICHITA, Kan. – Wichita police said a 28-year-old man was arrested on a terrorism charge Monday. Around 5:10 a.m., Brendon Tyler May was booked into the Sedgwick County Jail.

911 dispatchers received multiple calls in reference to a post allegedly made by the suspect on social media.

“Officers began quickly investigating this case. The investigation led them to a business in the 10000 block of East Kellogg. Officers contacted the 28-year-old male at the business. He was taken into custody without incident,” said Officer Charley Davidson, Wichita Police Department.

Wichita Police have confirmed that this post on social media led to the investigation.

Police said there wasn’t a specific targeted area or person.

“It was more of a listed event that he was claiming that was going to occur,” said Davidson.

Police also wanted to thank the public for the calls about the threat.

“This was a great example of if you see something say something,” said Davidson.

“We were able to investigate to make sure this community stays safe.”

KSN took this case to an attorney who says it’s not uncommon to see threats on social media.

Defense attorney Dan Monnat says a terroristic threat is considered a felony, but he says prosecutors must prove beyond a reasonable doubt the criminal intent necessary to commit the crime.

“Was this the cry for help of an extremely alienated person under the influence of mental disease or defect, alcohol or drugs?”

See full interview at KSN.com

  • Jun 23, 2017
  • by Monnat & Spurrier

WICHITA, Kan. – America’s Top 100 Attorneys® has honored two Monnat & Spurrier, Chartered attorneys for Lifetime Achievement designations:

Firm President Dan Monnat received the designation in the practice areas of Appellate Law, Criminal Defense Litigation and White-Collar Criminal Defense. Firm Shareholder Sal Intagliata received his designation in the area of Criminal Defense Litigation. Less than one-half percent (0.5%) of active attorneys in the U.S. will receive this honor in any single practice area.

Selection to the Top 100 list is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime career demonstrating professionalism, ethical standards and community enrichment. Candidates for the award are screened for professional experience, lifetime achievements, significant case results, peer reputation, and community impact.

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

Monnat currently sits on the Kansas Trial Lawyers’ Association’s Board of Editors and is the Criminal Law Chair.  He is a Fellow of the Kansas Bar Foundation, the American College of Trial Lawyers, the Litigation Counsel of America, the International Academy of Trial Lawyers and the American Board of Criminal Lawyers. He is a Life Member and past Board Member of the National Association of Criminal Defense Lawyers, as well as a two-term past president of the Kansas Association of Criminal Defense Lawyers.

Sal Intagliata has practiced for more than 20 years, including 18 years in private practice and 4 years as Sedgwick County Assistant District Attorney prosecuting crimes in the Gangs/Violent Crimes Division. His practice at Monnat & Spurrier focuses on criminal, white-collar criminal, and DUI offenses, in federal, state and municipal courts throughout Kansas, at both the trial and appellate levels.

Intagliata serves on the Kansas Judicial Council Criminal Law Subcommittee. He is a member of the Kansas Association of Criminal Defense Lawyers and served on its Board of Governors from 2012 until April 2017. He is a past vice president of the Wichita Bar Association, a past member of its Board of Governors, and past Chair of its Criminal Practice Committee.

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 Juris Doctorate from the University of Kansas School of Law. He is also a graduate of the National Criminal Defense College.


For more information go to www.AmericasTop100Attorneys.com

  • Jun 12, 2017
  • KSNW TV
  • -
  • by John Asebes

WICHITA, Kan. – People caught with marijuana in the city of Wichita could now face less serious penalties if a new ordinance gets final approval tomorrow.

“Potentially, it is not a guarantee,” says Vice Mayor Wichita Janet Miller.

Vice Mayor Janet Miller says for someone caught for the first time with a small amount of pot and has no recent felonies or charges, the penalty could just be $50 and a court appearance, resulting in the possibility of no misdemeanor.

But it’s up to the judge, she says.

“The judge has the discretion to go with this presumptive penalty of a $50 fine, but could decide to do something different, up to and including charging the misdemeanor, finding you guilty of a misdemeanor.”

Miller says the idea is to over-punish someone who needs a second chance.

“For one possession they can end up with so many fines that they can’t pay that they end up in jail, which can cause you to lose your job, or can cause you to lose your license, which can cause you to lose your job.”

But if a sheriff’s deputy makes the stop, even within the city limits of Wichita, expect state law to be enforced, not the city ordinance.

“It is a misdemeanor violation under state law. Our deputies have the discretion as to whether or not they want to arrest in that situation, or seize the evidence and then write up a case to present it to the District Attorney’s for prosecution,” says Lin Dehning of the Sedgwick County Sheriff’s Office.

Defense attorney Dan Monnat says while it ultimately is up to the judge — the prosecutor has some discretion in the case.

“If the sheriff’s officer brings a state accusation of possession of marijuana to the district attorney, it is perfectly within the district attorney’s prosecutorial discretion to say, ‘we don’t want to handle that here, take that over to the city.’”

The ordinance will go into final reading Tuesday morning and will then go into effect on June 16.

See full interview at KSN.com

  • Jun 06, 2017
  • KSNW TV
  • -
  • by Emily Younger

WICHITA – A Wichita mom is fighting for a change in the Kansas legal system after she said her teenage son was left to die in a pool.

“It was the end of the world because you never think that you would bury your own child, it’s usually children burying their parents,” said Velarie Wallace.

Wallace lost her son, Phillip Harris, on July 1, 2016.

“It was just heartbreaking, just unbelievable,” Wallace said.

Wichita police said Harris, 17, and three girls went for a late-night swim at the Horizons East Apartments. Police said a maintenance worker found Harris at the bottom of the pool in the early morning of July 1. They told KSN at the time, the three girls Harris went swimming with never called 911, even after they found his dead body, because they were scared.

“It was hurtful to me because I have a 4-year-old that sometimes when we play because I have diabetes, and when we play he will say I need to call 911 for mom if something happens, so even at 4 years old he knows. It’s just the values of morals and the thing to do,” Wallace said. “It would have been the right thing to do, to call 911, even if they left him, call the cops to let someone know that he was there,” Wallace said.

Wichita police said the three girls were later charged with trespassing in the case. Wallace, however, believes they should have been held responsible for her son’s death.

“I think as human beings you should value other people’s lives. Do the right thing to help. This being the summer time, this could possibly happen to someone else,” she said.

KSN asked a Wichita criminal defense lawyer about rescue laws in the State of Kansas. While the lawyer would not speak directly to the Harris case, he did give KSN insight into state law.

“Generally in the United States, the law regulates actions and codes of morality regulate the less clear area of omissions to act. So generally in Kansas there is no legal duty to rescue or render aid to someone in peril,” said Criminal Defense Lawyer and KSN Legal Expert Dan Monnat.

Monnat said there is not a civil or criminal law in Kansas stating someone must help another person in distress. He said, however, there are circumstances including special relationships, like parent to child, and cases related to car crashes where a legal duty is created.

“For instance, the criminal law of the State of Kansas requires a person operating a motor vehicle involved in an automobile accident involving death, injury or damage to render reasonable assistance which may include carrying an injured person to the doctor or hospital,” Monnat said.

While Wallace said she understands the law, she said she wants to change it. The mom of five is now pushing to add a law making it so people must render aid no matter the circumstance. She said her ultimate goal is to prevent another person from losing their life, the way her son did.

“I made him a promise until the day that I go to my grave, I am going to see that law changed. I’m going to see it changed and I think he’s smiling down saying ‘Go mom, go mom, I know you can do it,’” Wallace said.

Wallace said she’s in the beginning stages of talking with local law enforcement about how to move forward with the petition to change the law. She said she’d like to have her plan to the senate by the next legislative session.

Harris was about to begin at Job Corps, before he died. Wallace said he wanted to be an engineer.

See full interview at KSN.com

  • Jun 06, 2017
  • KSNW TV
  • -
  • by Emily Younger

WICHITA – A Wichita mom is fighting for a change in the Kansas legal system after she said her teenage son was left to die in a pool.

 
“It was the end of the world because you never think that you would bury your own child, it’s usually children burying their parents,” said Velarie Wallace.

 
Wallace lost her son, Phillip Harris, on July 1, 2016.
“It was just heartbreaking, just unbelievable,” Wallace said.

 
Wichita police said Harris, 17, and three girls went for a late-night swim at the Horizons East Apartments. Police said a maintenance worker found Harris at the bottom of the pool in the early morning of July 1. They told KSN at the time, the three girls Harris went swimming with never called 911, even after they found his dead body, because they were scared.

 
“It was hurtful to me because I have a 4-year-old that sometimes when we play because I have diabetes, and when we play he will say I need to call 911 for mom if something happens, so even at 4 years old he knows. It’s just the values of morals and the thing to do,” Wallace said. “It would have been the right thing to do, to call 911, even if they left him, call the cops to let someone know that he was there,” Wallace said.

 
Wichita police said the three girls were later charged with trespassing in the case. Wallace, however, believes they should have been held responsible for her son’s death.

 
“I think as human beings you should value other people’s lives. Do the right thing to help. This being the summer time, this could possibly happen to someone else,” she said.

 
KSN asked a Wichita criminal defense lawyer about rescue laws in the State of Kansas. While the lawyer would not speak directly to the Harris case, he did give KSN insight into state law.

 
“Generally in the United States, the law regulates actions and codes of morality regulate the less clear area of omissions to act. So generally in Kansas there is no legal duty to rescue or render aid to someone in peril,” said Criminal Defense Lawyer and KSN Legal Expert Dan Monnat.

 
Monnat said there is not a civil or criminal law in Kansas stating someone must help another person in distress. He said, however, there are circumstances including special relationships, like parent to child, and cases related to car crashes where a legal duty is created.

 
“For instance, the criminal law of the State of Kansas requires a person operating a motor vehicle involved in an automobile accident involving death, injury or damage to render reasonable assistance which may include carrying an injured person to the doctor or hospital,” Monnat said.

 
While Wallace said she understands the law, she said she wants to change it. The mom of five is now pushing to add a law making it so people must render aid no matter the circumstance. She said her ultimate goal is to prevent another person from losing their life, the way her son did.

 
“I made him a promise until the day that I go to my grave, I am going to see that law changed. I’m going to see it changed and I think he’s smiling down saying ‘Go mom, go mom, I know you can do it,’” Wallace said.

 
Wallace said she’s in the beginning stages of talking with local law enforcement about how to move forward with the petition to change the law. She said she’d like to have her plan to the senate by the next legislative session.

 
Harris was about to begin at Job Corps, before he died. Wallace said he wanted to be an engineer.

 
See full interview at KSN.com

  • Jun 01, 2017
  • by Monnat & Spurrier

WICHITA, Kan. – Chambers USA 2017 has ranked Dan Monnat in the top tier of Kansas attorneys in the Litigation: White-Collar Crime and Government Investigations sector. The publication, which conducts independent surveys of both lawyers and their clients, writes that Monnat garners “particular praise for his exceptionally detail-oriented” approach to cases.

Monnat has practiced criminal law, white-collar criminal law and appellate law in Wichita for more than 40 years. A graduate of California State University, Monnat received his J.D. from Creighton University School of Law. He also 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.  He was the Governor’s appointee to the Kansas Sentencing Commission from 2007 – 2011.

Monnat has earned distinction as a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the American Board of Criminal Lawyers, the Litigation Counsel of America and the Kansas Bar Foundation.  He currently sits on the Kansas Association of Trial Lawyers’ Board of Editors.

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