WICHITA – Questions still remain about the charges filed against a man accused of kicking a toddler and yelling racial slurs while in a Dillon’s store in December.

The Sedgwick County District Attorney’s Office said the case will not be investigated as a hate crime because the state of Kansas doesn’t have a hate crime statute.

On the surface, it may seem like a hate crime, but criminal defense lawyer Dan Monnat, with Monnat & Spurrier Chartered, said it’s not that cut and dried.

“The first question to ask about a proposed hate crime is: were such factors as race, religion, ethnicity, sexual orientation really the motivation for the crime,” said Monnat. “Or, was the crime just motivated by such extraneous things as alcoholism, drug addiction, mental illness — the usual motives for crime?”

While the statute may not exist in Kansas, there is a federal law on the books.

“If a hate crime escapes state prosecution, the person may also be prosecuted federally,” Monnat said.

The local branch of the NAACP has stated publicly that it wants the case investigated as racially motivated.

“There were the reports of racial epithets being spoken by this guy,” said Larry Burks, president of the Wichita branch of the NAACP. “He had self-proclaimed to be a white supremacist. On the surface, that seemed like an incident that was fully uncalled for.”

Burks said that even though Riff has been charged with attempted aggravated battery, disorderly conduct and interference with law enforcement, the NAACP is keeping tabs on the case.

“We’re going to be supporting the family and stay in close touch with the DA’s office and our police department to make sure things work the way they’re supposed to work,” said Burks.

Riff will be back in court on January 24.

Monnat said in cases like these, if the federal government seeks its own hate crime charges, it will investigate independently but will consult with the state regarding jurisdiction.

See full story at KSN.com

WICHITA – Wichita police say a 16-year-old robbery suspect died after being shot by an armed citizen during a robbery at a south Wichita convenience store on Friday.

It happened around 2:45 p.m. the B&H Fast Trip on south Seneca.

Police say four males walked into the store and demanded money at gunpoint. A customer in the store was also robbed before pulling out his own firearm and shooting toward the suspects, killing the teen.

The other suspects fled the scene and police are still looking for them.

Employees at a nearby business that was open when the robbery took place said the situation was scary so close to home. Employees at the Fantastic Sams hair salon located right next door to the convenience store said all the commotion made for some frightening moments.

“First I was like what’s going on, then I heard lock the door, lock the door so I ran back there and I locked the door,” said Charlotte Ann, Fantastic Sams employee.

Charlotte Ann was busy working at the hair salon Friday when the B&H Fast Trip next door got robbed by four armed suspects.

“It was kinda scary though at first seeing all those cop cars kind of piling in,” said Ann. “Didn’t know what was going on just kind of worried about the people’s safety next door too. ”

A convenience store Ann says she and her coworkers visit often.

“We didn’t know them personally, but we know them as business partners kinda like we go get snacks over there like what if one of us was over there that’s just kind of terrifying,” said Ann.

Police say an armed 42-year-old male customer fired several shots at the four suspects hitting the teen. The 16-year-old suspect later died.

Under Kansas law a person is justified in standing their ground if the person believes deadly force is needed to prevent death or harm to themselves or someone else.

“If a person is justified in using force in that fashion the person under Kansas law is immune from prosecution,” said attorney Dan Monnat.

“That’s just kind of something scary, you don’t picture something like that actually happening until you actually see it happen,” said Ann.

The investigation is still ongoing. If you have information, you are asked to call crime stoppers at 267-2111.

See full interview at KSN.com

WICHITA, Kan. – There is an old saying, what’s mine is yours.

“It is super frustrating that somebody had the audacity to steal from you,” says Danny Mason. “Coming home and realizing that something is gone.”

That saying does not apply here.

“It was super violating,” says Mason.

“It is easy to understand the property owner’s frustration,” says defense attorney Dan Monnat.

Two years ago, a Porch Pirate struck Mason and stole his projector screen.

“It is not funny, but it was almost comical seeing this idiot carrying this giant package and putting it in his little car,” says Mason.

People like Mason are getting tired of this. By now, you have probably heard of people putting cat litter in a package, waiting for a thief to steal a nasty prize. Something else that has popped up on social media is a glitter bomb. A device created by an Ex-NASA engineer who had a package stolen from him. The package explodes with glitter to shame the victim.

“I love it,” Mason says. “I think everyone should do it.”

“Property owners are too angry, too biased, and too invested to fairly mete out how much punishment is due the thief or trespassers,” says Monnat.

What if the thief gets hurt? What if they wreck their car after opening the glitter bomb?

“Imagine the same thing but now the thief collides with a small child riding his or her bicycle and kills the child?” Monnat asks.

Monnat says depending on what happens, you could face an endangerment charge which carries up to a year in jail and $2,500 fine. Worst case? An aggravated reckless battery charge. A level 5 charge with no criminal history carries 31, 32 or 34 months in prison. A level 8 charge with no criminal history carries 7, 8 or 9 months in prison.

“I could not imagine very many judges siding with the thief,” says Mason.

“Who gets hurt?” asks Monnat. “How badly do they get hurt?”

Monnat has some strong advice, don’t be the person who finds out.

“Let us leave it to the law,” he says.

See the full story at KSN.com

WICHITA – In 2008, Elgin Robinson was convicted of capital murder of his girlfriend, 14-year-old Chelsea Brooks.

Brooks was nine months pregnant when her body was discovered in a shallow grave in Butler County.

At issue in the case is Brady/Giglio disclosure. It refers to a ruling from the U.S. Supreme Court in Brady v. Maryland; Giglio v. United States. It requires the disclosure of information that could potentially compromise the testimony or evidence from the prosecution. It typically includes information that could impeach a witness, including law enforcement, or disclose some sort of a conviction or dishonesty in their past.

In Robinson’s case, attorneys are asking specifically if Detective Tim Relph was on a Brady/Giglio list at the time he testified in the Robinson murder case. In court proceedings today, it was not revealed if Det. Relph was ever on such a list. That is the issue that Robinson’s attorneys are asking to find out.

“Was detective Relph on Brady Giglio list at the time of Mr. Robinson’s trial?” asked Appellate Attorney Kristen Patty on Tuesday to Kansas Supreme Court justices.

Sedgwick County District Attorney Marc Bennett tried the Robinson case. He would not specifically talk about this case, but said he’s not surprised by a convicted murderer asking for new evidence.

“They’ve got a lot of time on their hands, and it’s not infrequent when we have people that are fairly litigious sitting in prison because they frankly don’t have much else to do,” said Bennett. “And so they will look for anything they can to breathe new life into their cases.”

Legal analyst and Wichita defense attorney Dan Monnat says there are many issues to be considered in a request like Robinson’s but, he says it’s an interesting legal question.

“If in this case law enforcement or the prosecution had evidence about police misconduct or the motivations for which witnesses might lie, or evidence that contradicted other prosecution witnesses and they failed to turn it over to the defense, that was a constitutional violation and Mr. Robinson could get a new trial,” said Monnat. “Brady/Giglio material has been litigated so much that it’s pretty well accepted that if Brady/Giglio material is discovered as new evidence post-trial, either the accused could win his or her appeal or obtain post-conviction relief.”

The Supreme Court justices asked questions for about a half hour of both the State and Patty. Justices are expected to have an answer in 60 to 90 days.

WICHITA, Kansas – The 2018 Missouri & Kansas Super Lawyers list has honored three Monnat & Spurrier, Chartered attorneys:

Dan Monnat has practiced in Wichita for more than 40 years, concentrating on criminal defense, white-collar criminal defense, and appellate defense. 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 American Bar Association, the Kansas Bar Association, the American College of Trial Lawyers, 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 law more than 20 years, including 19 years in private practice and 4 years as Sedgwick County Assistant District Attorney prosecuting crimes in the Gangs/Violent Crimes Division. His practice focuses on criminal, white-collar criminal, and DUI offenses, as well as appeals in federal, state and municipal courts throughout Kansas.

Intagliata serves on the Kansas Judicial Council Criminal Law Subcommittee and the Board of Governors of the Kansas Association of Criminal Defense Lawyers. 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 Division.

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.

Matt Gorney joined Monnat & Spurrier as an associate in 2016 and was named for the first time this year to the Missouri & Kansas Super Lawyers’ “Rising Stars” list. Formerly a professional journalist,

Gorney graduated from the University of Kansas School of Law in 2013 where he earned certificates in both Advocacy Skills and Media, Law and Technology. He simultaneously earned a Master of Science Degree in Journalism from the William Allen White School of Journalism and Mass Communications after successfully defending his thesis: Social Media and Kansas Courtrooms: Assessing Kansas Supreme Court Rule 1001 and Exploring Possible Improvements. He earned a bachelor’s degree from Kansas State University majoring in journalism with a minor in Leadership Studies.

While in law school, Gorney joined the American Bar Association’s Law Student Division and served a year as one of the division’s four national officers. Gorney also worked as a graduate teaching assistant and later adjunct instructor for KU’s journalism school during his time in Lawrence.

Gorney serves on the board of directors for both the Delta Chi Fraternity and Music Theatre Wichita.

Kansas Courts News Release

TOPEKA—The Kansas Supreme Court has formed an ad hoc task force to examine pretrial detention practices in Kansas district courts and report its findings and recommendations to the court within 18 months.

The 15-member task force was created by a November 7 Supreme Court order signed by Chief Justice Lawton Nuss. Its membership includes judges, defense attorneys, prosecutors, and court services and community corrections officers. It will have its first meeting December 13 and 14 in Topeka.

The task force is charged with examining current pretrial detention practices for criminal defendants in Kansas district courts, as well as alternatives to pretrial detention used to ensure public safety and encourage an accused to appear for court proceedings.

The task force will also compare Kansas practices to effective pretrial detention practices and detention alternatives identified by other courts. This comparison could be used to develop best practices for Kansas district courts.

“Every day Kansas judges decide whether to detain criminal defendants and under what circumstances. These decisions are made amid a national discussion about alternatives to pretrial detention and the need to ensure no person is unnecessarily deprived of his or her liberty,” said Nuss. “This is the perfect time for Kansas to examine its pretrial detention practices to identify if and where improvements can be made.”

Judge Karen Arnold-Burger, chief judge of the Kansas Court of Appeals, who will serve as chair of the task force, agrees.

“We’ve seen a lot of change in pretrial detention practices across the nation the last few years. We have an opportunity to learn from other jurisdictions, what they have tried and how it has worked for them,” Arnold-Burger said. “We won’t know what is useful to us until we take a closer look at it, and that’s what this task force will do.”

The Supreme Court created the task force under authority granted to it by the Kansas Constitution to oversee all courts in Kansas.

Creation of the task force follows closely a report from the ad hoc committee on municipal courts fines, fees, and bonding practices that in September made its recommendations to the Kansas judicial administrator and the executive director of the League of Kansas Municipalities. Judge Brenda Stoss of the Salina Municipal Court chaired that ad hoc committee, and she has been appointed to serve on this task force.

The municipal court ad hoc committee recommended that areas in need of additional study included bail and pretrial detention practices.

Members of the task force are:

  • Nancy Dixon, judicial administrator, Kansas judicial branch, Topeka
  • District Judge Mary Mattivi, 3rd Judicial District, Topeka
  • District Judge Lori Bolton Fleming, 11th Judicial District, Pittsburg
  • District Judge Wendel Wurst, 25th Judicial District, Garden City
  • District Judge Jared Johnson, 28th Judicial District, Salina
  • District Magistrate Judge Keith Collett, 8th Judicial District, Abilene
  • Judge Brenda Stoss, Salina Municipal Court
  • Charles Branson, district attorney, Douglas County
  • Todd Thompson, county attorney, Leavenworth County
  • Tom Drees, county attorney, Ellis County
  • Sal Intagliata, defense attorney, Wichita
  • Justin Barrett, defense attorney, Colby
  • David Harger, defense attorney, McPherson
  • Robert Sullivan, corrections director, Johnson County

Anita Cash, chief court services officer, 29th Judicial District, Kansas City, Kan.


Contact:

Lisa Taylor
Public Information Director
785-296-4872
taylorl@kscourts.org

WICHITA, Kan. – James Dalrymple was taken into custody the night of a crash that killed Wichita police officer, Stacy Woodson and his son, Braeden, but it wasn’t until this week, six months later, that charges were filed.

Dalrymple was charged with two counts of involuntary manslaughter and one charge of failing to yield the right of way.

“The complaint in this case says that the two people were killed by the accused while the accused was either committing, attempting to commit or in flight from a violation of KSA-8-1567, the DUI statue,” said Dan Monnat, Wichita criminal defense attorney.

KSN spoke to criminal defense attorney, Dan Monnat. He is not connected to this case but reviewed the court documents to help break them down.

According to the complaint, Monnat said the district attorney will have to present evidence that Dalrymple was under the influence at the time of the deadly accident.

“The prosecution has to prove beyond a reasonable doubt that indeed the accused committed the offense of operating a vehicle under the influence of alcohol, drugs or both,” Monnat said. “Two, the prosecutor has to prove beyond a reasonable doubt that that DUI offense caused the death of another human being as accused in this involuntary manslaughter prosecution.”

Another raised questions is why so long between the crash and charges?

Monnat said the district attorney has to wait for the results of the investigation, which likely included blood tests and engineering reports of the reconstruction of the accident.

“The fact that there is a death in April, and we get the results of the toxicology report in October is not unusual,” Monnat said.

Dalrymple is scheduled to appear in court on November 28.

See full video at KSN.com

(WICHITA, Kan.) – A joint survey conducted by U.S. News & World Report and Best Lawyers has
awarded Monnat & Spurrier, Chartered, three “Best Law Firms” Tier 1 Rankings in the areas of
General Practice Criminal Defense, White-Collar Criminal Defense, and Appellate Practice.

Rankings are based on a rigorous process that includes client evaluations, peer review by leading
attorneys in their practice areas, and Best Lawyers’ independent analysis of the firms. Clients were
asked to rank firms regarding their expertise, responsiveness, cost-effectiveness, civility, and
whether they would refer others to the firm.

Defense attorney Dan Monnat and legal scholar Stan Spurrier founded Monnat & Spurrier in 1985.
The firm has gained an international reputation for its defense of such high-profile clients as late-
term abortion provider Dr. George Tiller; the unfortunate innocent person whose home was
mistakenly raided by police as being that of serial killer BTK; and most recently, the Western
Kansas man wrongly accused of murdering a four-year-old child by cruelly beating or shaking her.

In addition to Monnat and Spurrier, the firm includes shareholders Trevor Riddle and Sal Intagliata,
and associates Matt Gorney, Eli O’Brien and Sarah Ellen Johnson.

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.