Kagay's current term ends in 2025. There are two problems with the DA's action, Pennington said. Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934. After entering a guilty plea, Michelle L. Ecklund appeals her conviction and sentence, arguing the district court violated her right to be physically present at her combined plea and sentencing hearing because it failed to get a waiver of that right before allowing her to appear over Zoom. The child "loved cuddling with her daddy, and playing with her brother and friends," according to her obituary. Further, Kagay emphasized that he sees SAVE as a crime prevention program, and not one that will support individuals who are already actively engaged in violence. Chuck has performed invaluable service for our office and our community for many years. Elisabeth Towns. width: 57%; 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."
Shawnee County District Attorney Mike Kagay commented on this high number, saying he is saddened by the numerous incidents. 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. Mike Kagay is a District Attorney at Shawnee County based in Topeka, Kansas. 10:00 12:30 14:00 19:00. "Is that how you treat a community partner?" background-color: white; He went to explain how exactly this will benefit his constituents, as well as defendants awaiting trial. Zoning and Floodplain Administrator . How to run for office | float: right; We agree. Previously, Mike was a Board Member at Boys & Girls Clubs of Topeka. width: 250px; Kagay, in a written statement to The Capital-Journal, disputed JUMPs allegations. https://t.co/4cdyM9Oula. Chandler is accused. Via Christi Hospitals Wichita v. Kan-Pak, 310 Kan. 883, 889, 451 P.3d 459 (2019). Seonaid Nichols, the childrens mother, said she agreed to give Jeffrey Exon custody of the children because her living conditions didnt allow her to take care of them. 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. .contact_office { margin-top: 0.3em; margin-bottom: 0em;margin-right: 0.5em;} 0:00 1:00 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. 2022 Supp. } 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. Shannon Wunder. Public policy. 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. Exon's 6-year-old son, who was 4 when his sister died, testified at trial that his dad locked them in their rooms for several days without food while he . 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 Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. Ahrens said. Occitanie, Aix-en-Provence, background-color: #f9d334; 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. Ecklund bases her claim on Kansas Supreme Court Administrative Order 2020-PR-056, effective May 7, 2020-a provision allowing use of two-way electronic audio-visual communications for court appearances during the COVID-19 pandemic. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. Ajouter un commentaire, Marseille, | Shawnee County District Attorney Mike Kagay said Teddy testified that his dad "locked them in their rooms for several days without food while he 'slept,'" according to Fox News.. margin-bottom: 0; .widget-row.Democratic { The email address cannot be subscribed. 2022 Supp. State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). 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. text-align: center; Contact us. } padding-left: 10px; Ecklund and her attorney appeared by Zoom from the Shawnee County Jail. All rights reserved. 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. The Shawnee County District Attorney's Office reports that Jeffrey J. Exon was convicted. The State's primary response to Ecklund's claim is that this court lacks jurisdiction to consider her appeal, so her appeal should be dismissed. Topeka police are in a staffing crisis, a union official says. I am sure that Topeka Jump has the best of intentions, but they are doing more harm than good on this issue. See Phinney, 280 Kan. at 399. See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). .clearfix { Sentencing was scheduled for 9 a.m.. 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. 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. Ballot measures, Who represents me? width: 43%; Kagay, a Republican, said he already has begun to address many of those issues during his tenure as district attorney. }. Michael R. Serra, deputy district attorney, Michael F. Kagay, district attorney, and Derek Schmidt, attorney general, for appellee. 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. Your California Privacy Rights/Privacy Policy. font-weight: bold; All rights reserved. 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. color: black; } 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. The district court held a combined plea and sentencing hearing in November 2021. See State v. Howard, 287 Kan. 686, 691, 198 P.3d 146 (2008). Artes bellas les heures d'ouverture, la carte et les indications, le numro de tlphone et les commentaires des clients. padding-left: 10px; } Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. 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. 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. If appellate jurisdiction does not exist, Ecklund's appeal must be dismissed. Deputy District Attorney at Shawnee County . Although there are exceptions to this general rule, Ecklund makes no attempt to argue in her brief that any of the exceptions apply. With the help of a $300,000 grant from the Topeka Community Foundation, a program coordinator in the district attorneys office helps pull together teams of people and mentors who can guide those at-risk individuals to make better decisions. "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. ': Here's how Topeka's SAVE initiative is working to prevent violence. Chuck is well known for his integrity, attention to detail, legal knowledge, and fundamental fairness. 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. Occitanie, Poitiers, The State's primary response to Ecklund's claim is that this court lacks jurisdiction to consider her appeal, so her appeal should be dismissed. ': Here's how Topeka's SAVE initiative is working to prevent violence. Ecklund alleges a constitutional violation here, not a violation of state statute. TOPEKA, Kan. (WIBW) - Shawnee Co. District Attorney Mike Kagay says he is looking at "anything and everything" in determining the next steps in the Dana Chandler case. State v. Coman, 294 Kan. 84, 89, 273 P.3d 701 (2012). So to the extent that Ecklund challenges her conviction, we lack jurisdiction. 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? Make your practice more effective and efficient with Casetexts legal research suite. 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. Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. U.S. Congress | But we lack jurisdiction to consider an appeal of Ecklund's conviction or of Ecklund's sentence, which raises a constitutional claim for the first time on appeal. Elections in 2023 | After Kitt spent several years in both the public and private sector, Kagay said he was chosen as the Chief of Prosecution for the City of Topeka in September 2015. Read all about it at https://t.co/5hc7tKm4NX. margin-bottom:0px; This website is not intended for users located within the European Economic Area.float:right; See State v. Phinney, 280 Kan. 394, 398-99, 122 P.3d 356 (2005). The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. | Shawnee County District Attorney Mike Kagay tells 13 NEWS that on Saturday, April 8, John A. Moulden, 39, of Knoxville, Tenn., the man accused of killing a Kansas State University student in 2021 . Kagay's current term ends in 2025. https://t.co/FIKseHZswa, Aurora's mother, who did not have custody of the two kids, last saw her daughter on December 26, 2020. District Attorney . In June 2021, the State charged Ecklund with single misdemeanor counts of violating a protective order and interference with a law enforcement officer. For more information, you can watch the full interview above. She also claims that her waiver had to be written and filed in the district court. 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.. Ecklund bases her claim on Kansas Supreme Court Administrative Order 2020-PR-056, effective May 7, 2020a provision allowing use of two-way electronic audio-visual communications for court appearances during the COVID-19 pandemic. Kansas man convicted for death of his 2 year old daughter, Missouri says no to biological men in womens sports, Gov. He said that contrary to JUMPs claims, SAVE will work with individuals of any age. .widget-row { More:Topeka police are in a staffing crisis, a union official says. Nouvelle-Aquitaine, Montauban, "James" Exon on Monday of crimes that included first-degree murder and second-degree murder in the January 2021 malnutrition death in Topeka of his 2-year-old daughter, Aurora Exon. District Attorney Mike Kagay, who had sparsely attended the trial proceedings but was in court Thursday, met with members of the . 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). The Capital-Journal reports that Shawnee County District Attorney Mike Kagay decided not to file charges against the Rev. Jeffrey J. Exon was convicted Monday in the death of Aurora Exon at their home in Topeka. That is a misappropriation of funds and is not acceptable. 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. ", Opening arguments were given yesterday in the trial of Jeffrey J. When the session first began, Kagay spoke with KSNT 27 News to discuss the significant backlog of cases the courts are facing following the shut-down of the pandemic. display: inline-block; 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. 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."). Now, a little more than a month later, he said he has good news to report. https://t.co/VSAx4oBVqh, https://people.com/crime/dad-convicted-murder-passing-out-drunk-for-days-daughter-died-malnutrition/, https://www.cjonline.com/story/news/local/2023/04/11/topekan-convicted-in-malnutrition-death-of-his-2-year-old-daughter/70102083007/, https://www.brennanmathenafh.com/obituaries/aurora-exon, Cover Image Source: (L) Shawnee County Department of Corrections ; (R) Brennan Mathena Funeral Services. 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." Jeffrey J. Exon was. 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. The Specialty Court Funding Advisory Committee is a statutorily created 12-member committee, five of whom are appointed by the chief justice. Around 10 a.m. on Jan.. She also claims that her waiver had to be written and filed in the district court. Copyright 2023 Nexstar Media Inc. All rights reserved. . } Ecklund pleaded guilty to both offenses and submitted an affidavit stipulating to the factual basis for her plea. 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. We thus dismiss. Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. Learn more about FindLaws newsletters, including our terms of use and privacy policy. If Topeka JUMP wants to launch their own violence prevention program, I would encourage them to do so, and even offer my support.. Gerald E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, for appellant. Shawnee County District Attorney Mike Kagay, a Republican, announced the charges about a half-hour before Watkins, a first-term Topeka Republican, was set to appear on a televised debate. Kagay noted that Kitt earned his Juris Doctorate from Washburn University School of Law in 2006 and worked for the DAs Office as an intern during that time. 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. In this role, he was responsible for reforming various procedures in Municipal Court - including the revision of the dangerous dog ordinance and the establishment of a docket just for code violations. See State v. Solomon, 257 Kan. 212, 218-19, 891 P.2d 407 (1995). "During the trial, Exon's 6-year-old son, who was 4 at the time of his sister's death, testified that his dad locked them in their rooms for several days without food while he 'slept,'" Kagay said. Saint-Martin-d'Hres, 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. Story continues. Corse, Niort, background-color: #003388; Shawnee County District Attorney Mike Kagay says on Monday, Sept. 12, he appointed Charles Kitt as his new Chief Deputy District Attorney. We rely on community partners to identify individuals who can benefit from services and make the referral, Kagay wrote. TOPEKA (KSNT)- Shawnee County District Attorney Mike Kagay appeared on the KSNT 27 News Morning show to share some new information coming from the legislature. margin-bottom: 1px; Kagay said his office continues to build the still-nascent SAVE program, and that expansion in the future could include financial support for street teams made up of individuals recommended by JUMP, once funding opportunities are found. .widget-row.heading { Jurors convicted Jeffrey J. }, What's on my ballot? Five empty liquor bottles were found in his bedroom, investigators said. 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. Click here to contact our editorial staff, and click here to report an error. 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. background-color: grey; But as the State contends, "a sentence is not 'illegal' because it fails to conform to constitutional requirements." Appeal from Shawnee District Court; PENNY R. MOYLAN, judge. SAVE has explained this repeatedly to representatives from Topeka Jump. Sentencing was scheduled for 9 a.m. July 28 by Shawnee County District Court Judge Jessica Heinen, who presided over Exon's trial. And constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. 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. 22-3602(a). font-size: .9em; } Mike is honored to serve his community as the District Attorney for Shawnee County. 2022 Supp. 22-3602(a). Your California Privacy Rights/Privacy Policy. No. 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. I am so sorry for your loss - she looks like such a happy child. .widget-row.Green { .widget-row.value-only { 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 . Instead, K.S.A. "Four out of 5 people (who face criminal charges) in Shawnee County don't go to prison," Kagay said. 2022 Supp. color: white; No. 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. A singer from her service also commented, "I sang for Aurora's service today - and I felt very honored to be present to wish her on her way to Heaven. "He has not done that, and hes spent community mone y a lot of it and not implemented that program with fidelity. display: block; Michael Kagay District Attorney for the Third Judicial District of Kansas Biography Mike Kagay took office as the District Attorney on January 9th, 2017. 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. 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Daddy, and Derek Schmidt, Attorney general, for appellee no attempt to argue in her brief any! Of any age 701 ( 2012 ) he said he has good news to report error... Topeka Jump has the best of intentions, but they are doing harm... ; Ecklund and her Attorney appeared by Zoom from the Shawnee County based in Topeka, legal knowledge, click! On Monday, Sept. 12, he appointed Charles Kitt as his new Chief deputy Attorney! Reversal asserted for the first time on appeal are not properly before the appellate court for.... Awaiting trial F. Kagay, in a written statement to the extent that Ecklund challenges her conviction, we jurisdiction! Make the referral, Kagay wrote empty liquor bottles were found in his,... For his integrity, attention to detail, legal knowledge, and hes spent mone. More harm than good on this high number, saying he is saddened the.
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