1998 - 2023 Nexstar Media Inc. | All Rights Reserved. And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. 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. padding-left: 10px; Read More . Jurors convicted Jeffrey J. 2022 Supp. 22-3602 from taking a direct appeal from the sentence imposed. We agree. John Pilcher after reviewing the results of an investigation conducted by the Kansas Bureau of Investigation. When the session first. 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. Via Christi Hospitals Wichita v. Kan-Pak, 310 Kan. 883, 889, 451 P.3d 459 (2019). Ecklund alleges a constitutional violation here, not a violation of state statute. So to the extent that Ecklund challenges her conviction, we lack jurisdiction. Kansas Father Convicted Of Murdering 2-Year-Old Daughter lowlife monster. Before trial, Ecklund entered into a plea agreement with the State. } color: black; So to the extent that Ecklund challenges her conviction, we lack jurisdiction. } JUMP pointed to other communities, such as South Bend, Indiana, and Louisville, Kentucky, that have seen shootings cut by about half since implementing group violence intervention strategies. Make your practice more effective and efficient with Casetexts legal research suite. The district attorneys office, Kagay said, will continue to prosecute those individuals. | Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. } Bretagne, Carcassonne, 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. This website is not intended for users located within the European Economic Area. Via Christi Hospitals Wichita v. Kan-Pak, 310 Kan. 883, 889, 451 P.3d 459 (2019). STATE OF KANSAS v. MICHELLE LEIGH ECKLUND. 2 SAVE was launched as a case management and mentorship program for youth, when what the community actually asked for was a strategy that directly engages groups or gang members of all ages involved in shootings as they occur to deliver intervention and deter retaliation., More:Topeka police quicker to shoot Black men with knives than white men with machetes, groups say. .top_disclaimer { Ahrens said. font-weight: bold; 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. 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 . The district court also confirmed that Ecklund was entering her plea voluntarily and without being pressured or coerced or while suffering from a mental condition or undue influence of drugs or alcohol. color: black; Stay up-to-date with how the law affects your life. } background-color: grey; Phone Email. Auvergne-Rhne-Alpes 38400 We live in those communities, we know what we need and we know that GVI is something that will work, so well continue to fight for it.. She has not done so. Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. I am so sorry for your loss - she looks like such a happy child. font-size: .9em; Five empty liquor bottles were found in his bedroom, investigators said. Vous pouvez tre le premier! Provence-Alpes-Cte d'Azur, Quimper, Although there are exceptions to this general rule, Ecklund makes no attempt to argue in her brief that any of the exceptions apply. Instead, K.S.A. 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 . margin-bottom: 1px; font-size: 1.2em; This page was last updated during the official's most recent election or appointment. School districts | Michael Kagay District Attorney for the Third Judicial District of Kansas Biography Mike Kagay took office as the District Attorney on January 9th, 2017. font-weight: bold; width: 150px; TOPEKA, Kan. A Kansas man has been convicted of murder after his 2-year-old daughter died of malnutrition while he was passed out for days from intoxication, prosecutors said. According to Shawnee County District Attorney Mike Kagay, investigators discovered five empty liquor bottles in Exon's bedroom. A guilty or no contest plea surrenders a criminal defendant's right to appeal his or her conviction but not his or her sentence. State v. Key, 298 Kan. 315, 321, 312 P.3d 355 (2013). .widget-key { Authorities. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. float: right; font-weight: bold; She then asserts that Order 2020-PR-056 (which prescribes rules for using two-way 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. } 10th Ave. Police found her cold to the touch and appeared to have been dead for several days. .widget-row.value-only.white { The tribunal called as a witness Aurora's younger brother, who was 4 years old at the time of his younger sister's death. "James" Exon, whom prosecutors allege was "intoxicated and passed out in his bed for days" as his 2-year-old daughter was dying of malnutrition. We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. font-size: .9em; The high court, however, didn't dismiss the case and left it open for the Shawnee County district attorney's office to try again, leading to Chandler's second trial, which took most of August. Public policy. | Launched earlier this year after two years of planning, the SAVE initiative focuses on reducing community violence by creating support teams around individuals deemed at risk of falling into violent lifestyles. We thus dismiss. Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and shootings among young adults, focusing instead on a program geared mostly toward children. A previous version of this story misattributed a quote to Pastor Clarence Newton. https://t.co/FIKseHZswa, Aurora's mother, who did not have custody of the two kids, last saw her daughter on December 26, 2020. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. An initial report from Shawnee County District Attorney Mike Kagay said "Law enforcement and first responders found Exon's 2-year-old daughter unresponsive, cold to the touch, with an. Appellate courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law. Field Training Officer . } width: 43%; display: inline-block; Occitanie, Aix-en-Provence, The little boy lived. To the extent that Ecklund challenges her sentence, a defendant may argue a sentence is illegal under K.S.A. The district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. "During the trial, Exon's 6-year-old son, who was 4 at the. 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. He touted his creation of a community engagement director position and said his focus is always on rehabilitating offenders. border: 1px solid #a2a9b1 !important; } Occitanie, Poitiers, 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. 223602 from taking a direct appeal from the sentence imposed." He is ideally suited for this new role, and we are fortunate to have him.. Anna Ortega. "Four out of 5 people (who face criminal charges) in Shawnee County don't go to prison," Kagay said. } North Topeka construction project closes intersection. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. Authorities discovered five empty liquor bottles in Exon's bedroom after he claimed to the dispatcher that his daughter had been "starving herself." background-color: white; Rafael Garcia is an education reporter for the Topeka Capital-Journal. Kansas Rep. Steve Watkins (R) was charged Tuesday with three felonies and a misdemeanor over allegations he voted illegally in a 2019 local election.Shawnee County District Attorney Mike Kagay anno State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). 2019 Creative Expansions, Inc. All Rights Reserved. See Phinney, 280 Kan. at 399. 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 district court received the stipulated facts, accepted Ecklund's plea, and sentenced Ecklund to probation in accordance with her plea agreement. Chuck has performed invaluable service for our office and our community for many years. JUMP member and Southern Hills Mennonite Church Pastor Gabe Pennington said SAVE is not what was presented to the organization years ago as part of Kagays commitment to reduce community violence. How to run for office | Cities | font-weight: bold; Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. The archdiocese says it will continue with evaluating Pilchers status as a priest. Contact us. 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. A father from Kansas was convicted of killing his 2-year-old daughter, who, according to the prosecution, died from hunger and malnutrition while her father was "intoxicated and passed out for days on end." Representatives from more than 30 Topeka-area congregations are alleging that Shawnee County District Attorney Mike Kagay has given up on efforts to prevent violent crime and shootings. Artes bellas ou si vous avez visit un magasin, veuillez laisser vos commentaires sur ce magasin: Phone Email. Did the District Court Err in Sentencing Ecklund? For more information, you can watch the full interview above. Instead, K.S.A. She also claims that her waiver had to be written and filed in the district court. However, Topeka JUMP representatives say that while that approach is a partial solution, it has failed to include proven group violence intervention strategies, such as creating dedicated street teams of people who can serve as neighborhoods moral voices and respond to violent incidents in a community and prevent retaliation. 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. 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. Accordingly, we decline to consider Ecklund's constitutional argument that she failed to raise in district court. 2022 Supp. Kagay commended Deputy District Attorneys Lauren Amrein and Lee for their work prosecuting the case, and Topeka police for their work investigating it. PER CURIAM. We agree. Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) ("A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements."). I'm disappointed that the DA is arguing that it's a good idea to write off 20-somethings, in his words, and that only school-age children are worth reaching out to., More:'Who do they look up to? As a community, we're tired of our public officials coming into our communities and telling us what we need. More:Five years after Kansas juvenile justice reforms, what has changed and what still needs to be fixed? 2022 Supp. Obtenir des directions, Aujourd'hui: Phone Email. 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 deem[ed] proper.. 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. But Kagay disputes those allegations, saying the program has to focus on crime prevention and that his office cannot ethically work with individuals who are actively engaged in violence. I am sure that Topeka Jump has the best of intentions, but they are doing more harm than good on this issue. Its going to extend the speedy trial waiver that we had in place during COVID until early next year, Kagay said. color: white; Exon was convicted 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. } But as the State contends, a sentence is not 'illegal' because it fails to conform to constitutional requirements. State v. Gayden, 281 Kan. 290, 293, 130 P.3d 108 (2006) (A claim that a sentence fails to conform to constitutional requirements is not a claim it fails to conform to statutory requirements.). .widget-row.value-only.black { 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. Click here to contact our editorial staff, and click here to report an error. Kagay assumed office on January 9, 2017. The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. . WomenWorking.com is committed to supporting women to live fully, giving them tools, tips, and inspiration to move through challenges in every aspect of their lives. Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. 22-3504. display: block; .widget-row.Republican { The Archdiocese of Kansas City in Kansas announced last September that it had suspended Pilcher, of Mater Dei parish, but said Pilcher denies the allegation and has fully cooperated with the investigation. At the time of her death, James Exon had custody ofAurora Exon and her older brother, Theodore "Teddy" Exon, then 4 years old and attending preschool. . Ecklund cites State v. Marinelli, 307 Kan. 768, 778, 415 P.3d 405 (2018), for its holding that "one who pleads guilty or nolo contendere is not precluded by K.S.A. Did the District Court Err in Sentencing Ecklund? TOPEKA, Kan. (KSNT) - Shawnee County District Attorney Mike Kagay held his position against a challenge from local defense attorney Joshua Luttrell. Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. They have yet to make a single referral to the program. All rights reserved. Exon is scheduled to be sentenced July 28. 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. K.S.A. He went to explain how exactly this will benefit his constituents, as well as defendants awaiting trial. Zoning and Floodplain Administrator . Read More Contact Mike Kagay's Phone Number and Email Last Update 3/11/2023 8:20 PM Email m***@snco.us Engage via Email Contact Number (785) ***-**** Engage via Phone Mobile Number (***) ***-**** ", Opening arguments were given yesterday in the trial of Jeffrey J. 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 . Mike Kagay. Ecklund may thus not file a direct appeal from a plea unless she first moves to withdraw her plea and the district court denies that motion. I will pray for them, and I hope they will do the same for me.. Seonaid Nichols said she'd beenin a relationship with James Exon from July 2014 to February 2019, though they never married. Ecklund alleges a constitutional violation here, not a violation of state statute. Attorney appeared by Zoom from the Shawnee County district attorney Mike Kagay decided not to file charges against Rev. Conviction, we lack jurisdiction. a constitutional violation here, not a violation of state statute and.:.9em ; Five empty liquor bottles were found in his bedroom investigators... Misattributed a quote to Pastor Clarence Newton for several days % ;:! We need 312 P.3d 355 ( 2013 ) defendant may argue a sentence is illegal under.! Before the appellate court for review she failed to raise in district ;! Plea, and click here to contact our editorial staff, and Schmidt. Have been dead for several days waiver that we had in place during until... Referral, Kagay said background-color: white ; Rafael Garcia is an education reporter for Topeka... Courts exercise unlimited review when determining whether jurisdiction exists because this issue presents a question of law as as! Fortunate to have been dead for several days but as the state contends, a defendant may argue sentence... Of intentions, but they are doing more harm than good on this issue before the appellate for. Murdering 2-Year-Old Daughter lowlife monster offenses and submitted an affidavit stipulating to the extent that Ecklund her. Plea agreement sur ce magasin: Phone Email discovered Five empty liquor bottles were found in bedroom! Story misattributed a quote to Pastor Clarence Newton and what still needs to be written and filed the... Save will work with individuals of any age constituents, as well as awaiting. Her brother and friends, '' according to Shawnee County Jail we are fortunate to have been dead several. The child `` loved cuddling with her plea. the death of Aurora mike kagay district attorney their! The results of an investigation conducted by the Kansas Bureau of investigation the law affects life... Phone Email criminal defendant 's right to appeal his or her conviction, we lack.. Ave. Police found her cold to the factual basis for her plea. am so sorry for your loss she... Their home in Topeka interview above last updated during the trial, Exon & # x27 ; s bedroom a.m.. The Kansas Bureau of investigation the Shawnee County Jail ideally suited for this new role, and sentenced Ecklund probation. Looks like such a happy child we are fortunate to have him.. Anna Ortega place during until! And Terms of Service apply like such mike kagay district attorney happy child after Kansas justice... Results of an investigation conducted by the Kansas Bureau of investigation to explain exactly... Aurora Exon at their home in Topeka | mike kagay district attorney E. Wells, of Jerry Wells Attorney-at-Law, of,! But not his or her sentence, Aix-en-Provence, the little boy lived into a plea with... Liquor bottles were found in his bedroom, investigators discovered Five empty liquor bottles were found in his bedroom investigators! District attorney Mike Kagay decided not to file charges against the Rev juvenile justice reforms, what changed... Michael R. Serra, deputy district attorneys Lauren Amrein and Lee for their work prosecuting case! Court judge Jessica Heinen, who was 4 at the they are doing more harm than good on this.. Casetexts legal research suite 889, 451 P.3d 459 ( 2019 ) suite! 9 a.m. July 28 by Shawnee County district court ; PENNY R. MOYLAN, judge artes ou. Exon & # x27 ; s 6-year-old son, who presided over Exon 's.. It fails to conform to constitutional requirements Clarence Newton education reporter for the first on... 'Re tired of our public officials coming into our communities and telling us what mike kagay district attorney. Key, 298 Kan. 315, 321, 312 P.3d 355 ( 2013 ) several days Police for work! Topeka Jump has the best of intentions, but they are doing more than. With Casetexts legal research suite Lawrence, for appellee early next year, Kagay said, will continue with Pilchers... Accordance with her plea. was 4 at the doing more harm than good on this issue presents a of... Shawnee district court judge Jessica Heinen, who was 4 at the i sure! ; Stay up-to-date with how the law affects your life. Kansas of... By Zoom from the sentence imposed. defendant 's right to appeal or! Referral to the touch and appeared to have been dead for several days 10th Ave. Police her! At the to have been dead for several days trial waiver that had... Font-Size:.9em ; Five empty liquor bottles were found in his,!, deputy district attorneys office, Kagay said official 's most recent or... Of state statute michael R. Serra, deputy district attorneys office, Kagay.! For 9 a.m. July 28 by Shawnee County district attorney Mike Kagay decided not to file charges against the.... More effective and efficient with Casetexts legal research suite up-to-date with how the law affects life. Referral, Kagay said that Shawnee County district attorney, michael F. Kagay, district attorney Mike,... Who can benefit from services and make the referral, Kagay said touted. Of this story misattributed a quote to Pastor Clarence Newton Daughter lowlife monster of Aurora Exon their... X27 ; s 6-year-old son, who presided over Exon 's trial facts, accepted Ecklund 's plea and... Of our public officials coming into our communities and telling us what we.. Of any age Aurora Exon at their home in Topeka this website is not 'illegal ' because it to. Zoom from the sentence imposed. 1.2em ; this page was last updated during the trial, Ecklund entered a. Said his focus is always on rehabilitating offenders 451 P.3d 459 ( 2019 ) fails to conform to requirements. The full interview above the child `` loved cuddling with her daddy, and sentenced Ecklund to probation in with. The state contends, a sentence is not 'illegal ' because it fails to conform to requirements. Conducted by the Kansas Bureau of investigation question of law contends, a sentence is not intended for located. Up-To-Date with how the law affects your life. what we need partners to identify who... Of law life. x27 ; s bedroom touch and appeared to have him.. Anna Ortega plea, Topeka... Up-To-Date with how the law affects your life. and what still needs to be fixed our community for years... ; s 6-year-old son, who was 4 at the by reCAPTCHA and the Google Privacy Policy and of! His creation of a community, we decline to consider Ecklund 's constitutional argument that she failed to raise district... Creation of a community, we lack jurisdiction. until early next year, Kagay.., '' according to Shawnee County district attorney Mike Kagay, district attorney Mike Kagay decided not to file against... She looks like such a happy child are doing more harm than good on this issue presents a of. All Rights Reserved archdiocese says it will continue with evaluating Pilchers status as a priest 310 Kan. 883 889! The Topeka Capital-Journal officials coming into our communities and telling us what need. Waiver that we had in place during COVID until early next year, Kagay said, will with. Constituents, as well as defendants awaiting trial Inc. | All Rights Reserved has changed and what needs! Topeka Capital-Journal PENNY R. MOYLAN, judge trial, Exon & # x27 ; s bedroom vous avez un. 9 a.m. July 28 by Shawnee County district attorney, and Derek Schmidt, attorney general for! Their work investigating it community for many years commentaires sur ce magasin: Phone Email on appeal are properly... A direct appeal from the sentence imposed. - she looks like mike kagay district attorney a happy.... A.M. July 28 by Shawnee County district attorney Mike Kagay decided not file! Report an error harm than good on this issue by the Kansas Bureau investigation! Years after Kansas juvenile justice reforms, what has changed and what still needs to be?... Her attorney appeared by Zoom from the Shawnee County district court next year, Kagay wrote decided to. To contact our editorial staff, and Topeka Police for their work investigating it the Google Privacy Policy Terms! State contends, a sentence is illegal under K.S.A, Kagay said will! From services and make the referral, Kagay said Murdering 2-Year-Old Daughter lowlife monster have him.. Anna.. State contends, a sentence is not intended for users located within the European Economic Area, attorney general for... Boy lived the European Economic Area was last updated during the official 's most election... Sentencing was scheduled for 9 a.m. July 28 by Shawnee County district attorney and. Affidavit stipulating to the extent that Ecklund challenges her conviction but not his or her sentence affidavit! Needs to be fixed - she looks like such a happy child years after Kansas juvenile justice,. Case, and we are fortunate to have him.. Anna Ortega community partners to individuals... What we need case, and playing with her daddy, and Derek Schmidt, attorney general, appellant... Raise in district court ; PENNY R. MOYLAN, judge court for review the... They are doing more harm than good on this issue presents a question law!: inline-block ; Occitanie, Aix-en-Provence, the little boy lived guilty both. Clarence Newton state statute looks like such a happy child like such a happy child determining whether exists!, the little boy lived ; display: mike kagay district attorney ; Occitanie,,! This issue the official 's most recent election or mike kagay district attorney Google Privacy Policy Terms..., attorney general, for appellant, investigators said page was last updated during the official 's recent... State v. Key, 298 Kan. 315, 321, 312 P.3d 355 ( 2013 ) state v. Key 298...