No statute, no hate crime

Questions still remain about charges filed against a man accused of kicking a toddler and yelling racial slurs in a grocery store. 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….

Employee of neighboring business reacts to deadly south Wichita shooting

Wichita police say a 16-year-old robbery suspect died after being shot by an armed citizen during a robbery at a convenience store. Under Kansas law, a person is justified in standing their ground and using deadly force if the person reasonably believes such force is needed to prevent imminent death or great bodily harm to themselves or someone else. KSN Legal Expert Dan Monnat says, “If a person is justified in using force in that fashion, the person, under Kansas law, is immune from prosecution….”

Pranking, booby trapping Porch Pirates could land you in jail

It is frustrating when a Porch Pirate has the audacity to steal from you but attempting to prank would-be thieves is a bad idea. “Property owners are too angry, too biased, and too invested to fairly mete out how much punishment is due the thief or trespassers,” Dan Monnat tells KSN TV. Worse, the prankster could face a potential endangerment charge…

Convicted murderer asks for new evidence

Convicted murderer Elgin Robinson is asking the Kansas Supreme Court for new evidence of whether the detective in his case was on the Brady/Giglio list at the time of the investigation, thereby potentially compromising the detective’s testimony. KSN Legal Analyst Dan Monnat says, “If 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….”

Why charges took so long in Dalrymple case

WICHITA – 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. Legal analyst Dan Monnat tells KSNW TV, “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….”

Wichita home owner says law enforcement disabled camera inside his home

A Wichita man claims police disabled his security cameras inside his home after they were searching for a shooting suspect. KSNW TV asks . Dan Monnat if police can disable security cameras when they enter your house. “…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,” Monnat says.

Video of armed couple’s confrontation over missing vehicles prompts legal questions

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… they’re seen holding someone at gunpoint, while police are called. 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….

Attorney advises against speculation in death cases

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….”