Does anyone know for sure that there was a crime committed?? If so, and the County Attorney refused to file, then something needs to be done. If anyone has first hand knowledge, then they need to contact the Kansas Attorney General and report this abuse of power.

Oh, come on! If you haven't noticed by now, you can get away with anything in this town. Especially if you are somebody. Like I have said before, you just about have to kill someone.

For example, I happen to know of a person being charged with the same things right now. Their case was NOT dropped Tuesday, and the State has yet to prove that there is even a case against this person. Interesting that Seitz' case was just dropped right away.

I'll take this one step further. I know of a couple who recently had a verbal argument in the home. The husband left to avoid conflict. This just made the wife angrier. The woman called him and left a voice message on his phone saying that she was coming to get him. There was going to be a fight and she was going to make sure he went to jail. She showed up at her husband's friends house and began hitting him. Witnesses saw this! She got in the car and left (drunk). She came back and began hitting the vehicle with her fists, feet and arms. Then she proceeded to hitting him again. Once again, there were witnesses to this. The next day, she or one of her friends called the police and had him arrested as she thought her arm was broken and her eye was black. She told police he had beat her up. Turns out her arm was not broken, but the man was arrested and is awaiting charges aggrevated battery. They told him maximum penalty could be $5,000 fine and 10 years in prison. Many witnesses saw her beating HIM and causing bodily damage to herself, however no one witnessed him hitting her. She was not arrested or charged with anything. Now, this lady is not a "somebody" in the community. In my opinion, the law is coddling her because she is a woman. The man has proof of her intentions with her own voice message. She set out to get him thrown in jail, and she got exactly what she wanted. I'm sure she sees this to her advantage in divorce and child custody court?
Anyway, interesting that this person is still going through court while the dentist is not. There must be more to the story. Maybe she attacked him first, or perhaps the wife had all charges dropped and is lieing to cover for him now. I think this happens more than you think! No one knows but her.
Having said all of that, I can remember back to the days when the cops "did not get involved in domestic affairs". I remember women and children being beaten with no consequences at all. I am sure this is a sticky subject and not a favorite for cops. However, we've come a long, long way.

It's a shame that the victims do not take a stand. I understand their fear, as they probably know all too well that their attackers will walk with a slap on the wrist and some fines. Honestly, would you testify against them knowing they will not be locked up? Problem is, if the court system does not do something we could start seeing a lot more "street justice". We really do not want to see people taking the law into their own hands. Also, how frustrating must it be for the good men and women on the police force? They are doing their job and bringing them in only to see them back on the streets shortly after. I hope they do not give up, as well.

Wondering,
I will try to do some research on the resources we have here in Cowley County in regard to this info. I will post what I can find for all to see. Thanks for bringing this serious issue to our attention.

CALLUS wrote:

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S23246G wrote:

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Does anyone know for sure that there was a crime committed?? If so, and the County Attorney refused to file, then something needs to be done. If anyone has first hand knowledge, then they need to contact the Kansas Attorney General and report this abuse of power.

---

     Just look up the statistics of dropped domestic violence in cowley county 
     for  the last several years and see how many cases were filed how many of
     them  have been  dropped by our D.A.and you will know that even with
     proof of a crime in these cases are  more often than not dimissed.  

                                                                          
    You would think that they think they are protecting family but really they
     are taking them down a notch by showing them your place or station in life
     can determine how the law will be applied. Or maybe they are just ensuring
     inmates for weekend stays at the new jail. After all we still paid for the time 
     they locked up rather it be 24hrs or 72hrs and then get out and get your
     money back on top of that !!! It's a good thing the Legal Lady is Blind

---

Where do you go to look up those statistics? 

I do know that in the past, it was the policy of the ACPD to file a domestic case, even if the husband and wife were only yelling at one another in the privacy of their home, and had been overheard by a neighbor, etc.  When it was brought up that the couple were not actually violating any domestic violence laws, since neither had done anything physical, the higher ups at the department said that it was standard procedure to file them all, but that the city attorney would usually drop all charges.  It seemed a complete waste of time to even file the cases, only to be dropped, but I guess they felt it showed productivity on the part of the department.

As someone pointed out, the law is very strict when it comes to domestic violence.  It is one of the few instances where an officer has ZERO discretion as to whether or not to make an arrest.  What I find compelling about this case is that the initial charge by the officer was AGGRAVATED BATTERY, which means that either some kind of weapon was involved, or great bodily injury was dealt.  Either way, it sounds like something that should be charged if the officers and the County Attorney both did their jobs right.

After several evenings of research on the internet I have not found any sites that directly give any stats on Cowley county alone. I did however find on the county website, due to the freedom of information act, you can request for a fee, information in regard to that type criminal information.
I would think that Safe Homes of Cowley county would at least try to get the information (stats) out there to the public and educate the area on domestic violence in this county. I would think that seeing information online, or posted in public places  could be a good way to reach those who are being battered, rather than wait till they have to file a report and risk injury. I realize we recently had a program at Browns Center,on domestic violence, but do those who need help get tickets and really go to these programs? Granted someone who may be able to identify symptoms of abuse in others may see this and it would be a good learning tool for those who don't know what the signs are, but for those who really need help, it often comes too late, or never. To quote a well known higher level, law enforcement officer in this county, "you can make the numbers say anything you want them too". So maybe stats are not a reliable source after all. It would be interesting to know just how many cases are pled or dismissed in Cowley County.......

Elee wrote:

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After several evenings of research on the internet I have not found any sites that directly give any stats on Cowley county alone. I did however find on the county website, due to the freedom of information act, you can request for a fee, information in regard to that type criminal information.
I would think that Safe Homes of Cowley county would at least try to get the information (stats) out there to the public and educate the area on domestic violence in this county. I would think that seeing information online, or posted in public places  could be a good way to reach those who are being battered, rather than wait till they have to file a report and risk injury. I realize we recently had a program at Browns Center,on domestic violence, but do those who need help get tickets and really go to these programs? Granted someone who may be able to identify symptoms of abuse in others may see this and it would be a good learning tool for those who don't know what the signs are, but for those who really need help, it often comes too late, or never. To quote a well known higher level, law enforcement officer in this county, "you can make the numbers say anything you want them too". So maybe stats are not a reliable source after all. It would be interesting to know just how many cases are pled or dismissed in Cowley County.......

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       The reason for the domestic violence information at cowley was to  help
        other people that may be around it to understand it and try to prevent 
        it if they can. The problem here is that the information you want people
        do not ant to share it with you because of some of the names you may
        come across or you may call foul play about something. This happens a
        lot and in some cases people have been forced to have a legal council
        request this for them or some other information party assit them. But   
        the truth is any one should be able to walk into the court house or city
         hall and get the information you seek, simply because it is public
        information , wheather it is used against them or not. I think more 
        people should look into these kind of matters more often to keep people
        more in line with there public duties, rather self motivated duties.
          

Elee wrote:

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CALLUS wrote:

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Elee wrote:

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Wondering,
I will try to do some research on the resources we have here in Cowley County in regard to this info. I will post what I can find for all to see. Thanks for bringing this serious issue to our attention.

_______________________________________________________


Just to let you know and cut down on some of your time and running around, there is a report that most local law enforcement agencies use for keeping track of all citations,tickets and officers who write them by sex,race, and national origin such things as this is a matter of public record, that should give you some idea of how many charges or call outs our made per year and per month. These are public records and then if a case is closed on any domestic case I think it also become pulic record that is available to whom ever may be interested !!! 

JUST IN CASE YOU REALLY WANT TO KNOW 

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Why yes, CALLUS, I would love to know where you are getting this information on this "report". I have checked on the County web site and found nothing in regard to the stats. I also checked on several State websites and only found information on the KBI website, however, the information I found there was not comeplete. I did find the stats for 2005 on the KBI website was complete but the 2006 showed incomplete on Arkansas City and Winfield Departments. Cowley County S.O. had their information online there.  Can you tell me where this "report" is your speaking of? I am however, not paying the county money to obtain these records from the county.

With the freedom of information.....Yes, the KSOR (Kansas Offense Report) is public record, page one, if I am not mistaken. But that has very little info on it in regard to the case other than the charges, name of victim, name of suspect. This won't have whether there was a conviction or plea on it. As far getting information on how many calls are made and what kind of calls, or how many per month or week, as far as I know only the departments have this information.

Don't worry about the "running around", I have done very little of that. The research I have done has been totally online. If you have anything "detailed" to offer as far as where to go to get this information besides where I have already looked,  I would love to know. Thank you for your input. 

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   You should be able to call your local chief of police and he should be able 
   to print out just about as much informatoin as you want. I think he can
   even look up by catogory for you, it is part of there means of crime     prevention and there suggested number of traffic stops per month to prevent crimes.
  

Callus, this will only give me the amount of calls per month and not detailed what the calls were. As far as knowing whether these were charged, convicted, pled or dismissed we won't know from the info you get from the PD. Sometimes when a call comes in, it may be just a verbal, but it will get grouped with the other domestic calls and it makes it hard to break it down to know just how much violence, if any, took place. It could be grouped with those calls of parents having a hard time controling their children. ( And yes there are those calls).  Getting with the PD would be a good idea if they have it broken down in more detailed sections. Which for the public I am sure they do not. I was looking for the state stats on each county of our size to compare them too ours. But from the site I found AC and Winfield catagories were incomplete if the info isn't there I can't compare it. I am not sure if that means they haven't turned in the info for that year and therfore, it can't be completed or not. Thanks anyway!

So you get arrested for domestic violence/abuse and then our County Attorney drops it and then he gives you your bond money back.  This person gets off free.  What about the next person?  Was it because he was a "well known citizen"?  What about the former school board memeber that was arrested for public intoxication, disorderly conduct and domestic violence?  Did he get away with it too?  Sure would like to know.   Maybe instead of giving that money back to that person , they should have to  donate it to Safe Homes!

AC dentist not charged; bond money returned

Elee wrote:

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Callus wrote:I once had a police cheif tell me and later show me form statistic

required to be keep in his departmewnt just how many D.V. cases
or citations given and also how many the D.A. had dropped for
two years during his watch. Most if not all departments use a lot
state and federal grant money based off of statistic kept by the
department that targets specific money for problems such as
domestic violence preventive training or drug problems in the
community. For this to happen all information gathered must be
broke down by cases filed to the D.A. by the department. Just
remember this that even local government is required to keep
track of most everything they do. And most of the time to keep
the grant money they must from time to time make a report of
the results from the training and actions thereafter.
*******************************************************************************
Callus--- I once had a undersheriff tell me that you can make numbers say anything you want. So I am not really too trusting of the stats that a PD or a SO can show on paper. I was taken back by those words he spoke to me that day.Truely disappointed, but shockingly educated on how things work. I figured by that he could make the stats say anything he wanted to get/keep the grants. Yes, I am sure it does look nice to have the domestic violence appear that it is going down on this paticular Chief's watch. But from what I have heard straight from one of the horses.....mouth, numbers cannot always be trusted. Sorry if I seem a little jaded on the criteria put out by some departments.Thank you for all of your input. The bottom line is we still have a problem with these issues being dismissed in court by a county attorney with a history of being lax on some cases, be it DV, or any other charge.

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          Elee, you are write, but would you have a little confidence in a chief, 
          who claims to be a moral upriight man and a person who say's to the
          community he will stand for justice and make your community something
          to be proud of, to give you the true facts of what is happening on his
          watch. I know it would be hard to think that there is a straight shooter 
          () of facts to his local community, but this one says he is and will be.
          A person who will not leave his value at home and lead the dept. with
          his outstanding example of how to do the right thing for building trust
          in his community. I hope that even if you ever had to take it harshly
          and undue from someone in that type of position of authority or know
          someone who has , that you would still look the other way and believe
          that person this time or give one the benefit of the doubt about the
          truth of public information. I guess what know matter what you here
          you are suppose to always believe the CHIEF of POLICE and his merry
          bandits. I know I can (LOL).  No really laugh out loud if you think that 
          the D.A. and the Cheif will not give you the truth. I know how you feel 
          but the humor of htis should help you feel a little better. I will continue
          to try to gather some infomation for you soon!!!  

Alas where are the days in America when you were innocent until proven guilty? It seems that so many here are willing to "lynch" the local dentist for having his name in the paper without knowing the facts. Now of course I do not know the facts but this is what I do know.

The staute requires each law enforcement agency to have a policy that, amoung other things, defines domestic violence. Now put yourselves in the place of the law enforcement agency attempting to enforce the laws in the most letigious society in the world to date. I can guarantee that most of you would write a very broad policy and enforce it vigorously to avoid being sued in case someone were to end up like Ann Lewis.

We can not, and should not, expect law enforcement officers to be able to adequately asses all aspects of every situation during a small snapshot in time. If that were the case we would not need county attorneys only Judges and Juries, roles which all on this post are trying to fill.

The legal process has its checks and balances. The police deal with the information they have at the moment and act accordingly. Then the county/city attorneys who have the luxory of time and analysis of the entire situation make a decision as to whether charges are warranted. Sometimes the facts say yes and sometimes the facts just don't support the charge and none are filed. Rightfully so. In other cases, a small minority, the facts do support charges but the prosecutor can not file because of errors made by the police during the arrest. Are we to crucify the prosecutor in those cases as well.

Let's all wake up and take a minute to think beyond the headlines and perhaps reserve the decisions for those that have adequate information and insite to make them.

You know, I have listened to many people complain about "conspiracy theories" concerning our local government over the years. I have always dismissed them, thinking that people are overly paranoid or just have nothing better to do than dream this kind of stuff up. I prefer to believe that everyone's hearts are in the right place.
However, there is one fact which concerns me...
The other domestic violence case I spoke about earlier is about to be dismissed for a rather large fee. Part of the money is to go to the attourney and the other to the Cowley Safe Home. Now, granted the person should have and probably would have gotten the case dismissed if it went to a jury trial as he was attacked by the wife and was only defending himself. I would like to also note that the husband and wife have since reconciled. However, I do not understand why "buying" your way out of the legal system is even an option. I have seen this too many times!
Then it hit me...
Am I wrong to point out that a certain judge and lawyer are brothers? Everyone has always told me that if you want to get out of trouble, you have to use this attourney and be prepared to pay a premium for the services. Perhaps this lawyer is just darn good at his job, or perhaps the "conspiracy theory" was not so far fetched? Probably not, but it would be a good "racket" and I can see why there are paranoid people in this town. I am not an expert on the court system by any means and really do not know if these particular cases would be seen by local judges or on a county level. Heck, I do not even know what level of law this certain judge rules on!
Honestly, I do not think anyone like a dentist gets off due to "who they are". I DO believe, though, that anyone can get out of trouble in Ark City for the right amount of $$$. Whether he is innocent or guilty, I'm sure the dentist could arrange to make this happen (judging by what he drives). Everyone tells me that our jails are full and the judges can not throw everyone in jail, but tell me this...
Are the jails full of those who could not afford to "buy" their way out? Please tell me I am wrong! Someone please tell me that the local government really does have it's citizens best interest in mind and rules on each case accordingly. If I was ever tried for a crime I did not commit, I could not afford to buy my way out. What would be my fate?