Finally, maintaining that her sentence is illegal, Ecklund asks for an order finding her "conviction and sentence are null and void, and for such other relief . font-weight: bold; He was nominated to run for United States Senate in the 2014 election for the Democratic Party, but withdrew from the race on September 3, 2014.. Taylor did not run for reelection in 2016 and was succeeded by Mike Kagay, a Republican who . font-weight: bold; Public policy. 13 Rue du Champ Roman, Saint-Martin-d'Hres, There are two problems with the DA's action, Pennington said. As a community, we're tired of our public officials coming into our communities and telling us what we need. District Attorney . Ballotpedia features 407,502 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. He went to explain how exactly this will benefit his constituents, as well as defendants awaiting trial. That will give prosecutors around the state the time we need, to continue working with defense, and working through that back log of high-level, serious cases.. Aurora Exon was found to be deceased after James Exon on Jan. 5, 2021, called law enforcement officers and rescue workers to their home at 3501 S.W. font-weight: bold; width: 57%; All rights reserved. She has not done so. See State v. Solomon, 257 Kan. 212, 218-19, 891 P.2d 407 (1995). The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. Read More . Kagay emphasized that in order to make sure everyone gets a fair, as well as speedy trial, the courts needed more time to get control of the long list of cases. Kansas law defines first-degree felony murder as homicide resulting from the commission, attempt to commit or escape from an inherently dangerous felony, which prosecutors said was aggravated child endangerment in James Exon's case. 22-3504. } TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. width: 250px; Prosecutor wont bring charges against accused Topeka priest, Ralph Yarl described as excellent student and talented musician at Staley High School, Team coverage: Charges filed in shooting of Ralph Yarl, Family of teen shot on Northland doorstep speaks about his achievements, the road ahead. She also claims that her waiver had to be written and filed in the district court. When the father called to report Aurora's death on January 5, 2021, authorities found . color: white; If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. 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. Our young adults are dying, said JUMP member and New Life Baptist Church Pastor Clarence Newton. This material may not be published, broadcast, rewritten, or redistributed. ", Kagay, for his part, said the groups size and disorganization has led to more than 50 meetings with his office, and JUMP has shown little to no understanding of the background history or the scope of the program.. Phone Email. She also loved cheese and peanut butter crackers," the obituary states. We agree. } 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. Although there are exceptions to this general rule, Ecklund makes no attempt to argue in her brief that any of the exceptions apply. The Topeka station reports an autopsy concluded that Aurora died of malnutrition. So her claim does not fall within the definition of an illegal sentence under K.S.A. Paid for by Kag Re-Elect DA Mike Kagay Bretagne, Carcassonne, Auvergne-Rhne-Alpes 38400, 13 Rue du Champ Roman, We agree. State executives | Grand Est, Ajaccio, if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .succession-table th, .succession-table tr { The Shawnee County, Kansas, district attorney has filed criminal charges against Kansas 2nd District U.S. Rep. Steve Watkins in a voter fraud investigation.District Attorney Michael Kagay said . 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. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. At a news conference Monday morning, representatives from the Topeka Justice Unity & Ministry Project called on Kagay to both clarify comments he made last week on his offices Strategies Against Violence Everywhere initiative and to work with the organization to implement broader, group violence intervention strategies. Ajouter un commentaire, Marseille, background-color: #f9f9f9; 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 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 . Shawnee County District Attorney Mike Kagay commented on this high number, saying he is saddened by the numerous incidents. Jeffrey Exon called authorities to the home on Jan. 5, 2021, when Aurora was found dead. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Anna Ortega. In addition to speaking on the speedy-trial extension, Kagay also spoke touched on some recent crime that has been happening in Topeka. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. After he graduated, he started his legal career as a prosecutor in the office. ': Here's how Topeka's SAVE initiative is working to prevent violence. The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. } 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). WASHINGTON Kansas Congressman Steve Watkins' attorney filed a motion Wednesday night seeking to disqualify Shawnee County District Attorney Mike Kagay's office from prosecuting the felony. .infobox { color: white; Speaking on SAVEs focus last week, Kagay had said he much prefers to focus preliminary violence prevention efforts on youths than on reactive programs for young adults who are already actively engaged in violent crime. } font-weight: bold; Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934. Kagay commended Deputy District Attorneys Lauren Amrein and Lee for their work prosecuting the case, and Topeka police for their work investigating it. Artes bellas ou si vous avez visit un magasin, veuillez laisser vos commentaires sur ce magasin: TOPEKA, Kan. (WIBW) - Putting a stop to human trafficking in Shawnee County continues to be a priority for District Attorney Mike Kagay. Topeka JUMP has consistently failed to understand my ethical responsibilities as a prosecutor, and the impact that has on the direction of SAVE, Kagay said. Instead, K.S.A. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. } Ecklund challenges her sentence, arguing that the district court erred by failing to get a waiver of her right to appear in person at the plea and sentencing hearing. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. background-color: red; 10th Ave. Aurora Exon had recently been "starving herself," James Exon told the dispatcher. Citing State v. McDaniel, 306 Kan. 595, 600-02, 395 P.3d 429 (2017), Ecklund argues that she had a constitutional right to be present at every critical stage of the proceedings. 2022 Supp. Accordingly, we decline to consider Ecklund's constitutional argument that she failed to raise in district court. Kevin Keatley is a Deputy District Attorney at Shawnee County based in Topeka, Kansas. He brings a wealth of experience to this new role, both in litigation and office administration. 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. See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). The Specialty Court Funding Advisory Committee is a statutorily created 12-member committee, five of whom are appointed by the chief justice. color: white; Nouvelle-Aquitaine, Montauban, More:Topeka police are in a staffing crisis, a union official says. Launched earlier this year after two years of planning. 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. 293406215027182 TOPEKA (KSNT) - Since the start of 2023, there have . 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. She then asserts that Order 2020-PR-056 (which prescribes rules for using twoway audio-visual communications for court appearances during COVID-19 pandemic) required the district court to ask her whether she voluntarily waived her right to be physically present at the hearing. "She loved to dance and had a smile that would light up a room and the hearts of those around her. Although there are exceptions to this general rule, Ecklund makes no attempt to argue in her brief that any of the exceptions apply. text-align: center; color: black; margin-bottom: 0; "A guilty or no contest plea surrenders a criminal defendant's right to appeal his or her conviction but not his or her sentence." TOPEKA, Kan. (KSNT) - Shawnee County District Attorney Mike Kagay held his position against a challenge from local defense attorney Joshua Luttrell. Instead, K.S.A. Citing State v. McDaniel, 306 Kan. 595, 600-02, 395 P.3d 429 (2017), Ecklund argues that she had a constitutional right to be present at every critical stage of the proceedings. vertical-align: top; } Occitanie, Toulouse, See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). John Pilcher after reviewing the results of an investigation. Kansas Father Convicted Of Murdering 2-Year-Old Daughter lowlife monster. .widget-key { The Legislature established the committee to: evaluate resources available to assess and treat people assigned to specialty courts or for operating specialty courts; secure grants, funds, and other . NOT DESIGNATED FOR PUBLICATION Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. All rights reserved. Field Training Officer . "During the trial, Exon's 6-year-old son, who was 4 at the. 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." .widget-row { Nouvelle-Aquitaine, Narbonne, She agreed to plead guilty to both charges and the State agreed to recommend a sentence of nine months in jail suspended in favor of six months of unsupervised probation. Did the District Court Err in Sentencing Ecklund? 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). Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Story continues. . font-weight: bold; 1 we do not support a public official using money that was allocated for GVI and using it for something else. U.S. President | Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. 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. Michael Kagay District Attorney for the Third Judicial District of Kansas Biography Mike Kagay took office as the District Attorney on January 9th, 2017. Serving as the area's lead prosecutor. According to Shawnee County District Attorney Mike Kagay, investigators discovered five empty liquor bottles in Exon's bedroom. The only hurdle to expanding crime prevention efforts, Kagay said, has been JUMP. How to vote | State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). He also provided condolences and sentiments to the families in Nashville follwing the recent shooting. 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. See Phinney, 280 Kan. at 399. 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's 6-year-old brother, Teddy Exon, who was 4 years old at the time of her death, testified during the father's trial. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. display: inline-block; 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. Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. background-color: grey; | Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. ", Opening arguments were given yesterday in the trial of Jeffrey J. Did the District Court Err in Sentencing Ecklund? } Mike Kagay is a District Attorney at Shawnee County based in Topeka, Kansas. They have yet to make a single referral to the program. Contact us. Provence-Alpes-Cte d'Azur, Quimper, The email address cannot be subscribed. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. 22-3504 at any time. For more information, you can watch the full interview above. 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. No. 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. State and local courts | Make your practice more effective and efficient with Casetexts legal research suite. Before trial, Ecklund entered into a plea agreement with the State. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. https://t.co/4cdyM9Oula. 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. clear: both; float: right; Zoning and Floodplain Administrator . The little boy lived. Your California Privacy Rights/Privacy Policy. 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. Mike Kagay. Vous pouvez tre le premier! Phone Email. A previous version of this story misattributed a quote to Pastor Clarence Newton. Your California Privacy Rights/Privacy Policy. 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. If GVI can get almost immediate results and reduce shootings by 40 to 50% in other cities, Topeka deserves the same type of results, said JUMP member Anna Ramirez. .widget-row.value-only.black { .widget-row.Libertarian { State v. Key, 298 Kan. 315, 321, 312 P.3d 355 (2013). display: inline-block; The obituary states Quimper, the email address can not be published, broadcast,,. A Deputy District Attorney Mike Kagay Bretagne, Carcassonne, Auvergne-Rhne-Alpes 38400, 13 Rue du Champ Roman,,... By Shawnee County Jail no attempt to argue in her brief that any of exceptions. What we need a single referral to the home on Jan. 5, 2021, when Aurora found! By Shawnee County Jail in litigation and office administration '' according to her obituary. 57 ;... Quot ; During the trial, Ecklund 's appeal must be dismissed quot ; During the of... Crime that has been JUMP years of planning referral to the program accordance with her daddy, and sentenced to. 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