DECATUR COUNTY –&nbsp;The Oberlin Police Department reported to the Kansas Bureau of Investigation that 97-year-old Loyal Shirley was located and is now safe.

MARSHALL COUNTY —The Kansas Bureau of Investigation issued a Statewide Silver Alert for a missing Marshall County man. 

The whereabouts of 97-year-old Loyal Shirley are unknown, and the public’s assistance is requested to help locate him.

Mr. Shirley was last seen on Dec. 3, around 7 p.m. He is driving a 2013 Silver Cadillac XTS bearing Kansas tag 8051AFY. An AirTag pinged him approximately two miles east of Mankato, Kansas at 7:40 p.m. 

Shirley is described as a white male who is 5 feet 4 inches tall and weighs around 200 pounds. He has white hair and blue eyes. 

Shirley was last seen wearing a blue and grey sweatshirt and a plaid shirt with black or grey slacks.

If you see Loyal Shirley, please call 911 immediately. If you have other information about his whereabouts, call the Marshall County Sheriff’s Office at (785) 562-3141.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733310166694.png" alt="Loyal Shirley courtesy photo" />
 <figcaption>Loyal Shirley courtesy photo</figcaption>
 </figure>DECATUR COUNTY –&nbsp;The Oberlin Police Department reported to the Kansas Bureau of Investigation that 97-year-old Loyal Shirley was located and is now safe.The silver alert is canceled.----------MARSHALL COUNTY —The Kansas Bureau of Investigation issued a Statewide Silver Alert for a missing Marshall County man. The whereabouts of 97-year-old Loyal Shirley are unknown, and the public’s assistance is requested to help locate him.Mr. Shirley was last seen on Dec. 3, around 7 p.m. He is driving a 2013 Silver Cadillac XTS bearing Kansas tag 8051AFY. An AirTag pinged him approximately two miles east of Mankato, Kansas at 7:40 p.m. Shirley is described as a white male who is 5 feet 4 inches tall and weighs around 200 pounds. He has white hair and blue eyes. Shirley was last seen wearing a blue and grey sweatshirt and a plaid shirt with black or grey slacks.If you see Loyal Shirley, please call 911 immediately. If you have other information about his whereabouts, call the Marshall County Sheriff’s Office at (785) 562-3141.

KBI: Statewide Silver Alert canceled, missing Kansas man found

The Select Subcommittee on the Coronavirus Pandemic concluded its two-year investigation into the COVID-19 pandemic and released a final report titled “After Action Review of the COVID-19 Pandemic: The Lessons Learned and a Path Forward.” 

<a href="https://oversight.house.gov/wp-content/uploads/2024/12/12.04.2024-SSCP-FINAL-REPORT.pdf">Click here to read</a> the report

The final report will serve as a road map for Congress, the Executive Branch, and the private sector to prepare for and respond to future pandemics. Since February 2023, the Select Subcommittee has sent more than 100 investigative letters, conducted more than 30 transcribed interviews and depositions, held 25 hearings and meetings, and reviewed more than one million pages of documents. Members and staff have exposed high-level corruption in America’s public health system, confirmed the most likely origin of the pandemic, held COVID-19 bad actors publicly accountable, fostered bipartisan consensus on consequential pandemic-era issues, and more. This 520-page final report details all findings of the Select Subcommittee’s investigation.

“This work will help the United States, and the world, predict the next pandemic, prepare for the next pandemic, protect ourselves from the next pandemic, and hopefully prevent the next pandemic. Members of the 119th Congress should continue and build off this work, there is more information to find and honest actions to be taken,”&nbsp;wrote Chairman Wenstrup in a letter to Congress. 

“The COVID-19 pandemic highlighted a distrust in leadership. Trust is earned. Accountability, transparency, honesty, and integrity will regain this trust. A future pandemic requires a whole of America response managed by those without personal benefit or bias. We can always do better, and for the sake of future generations of Americans, we must. It can be done.”

On Wednesday, December 4, 2024, at 10:30am, the Select Subcommittee will hold a markup of the final report and officially submit the report to the Congressional record.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733226536127.png" alt="" />
 <figcaption></figcaption>
 </figure>The Select Subcommittee on the Coronavirus Pandemic concluded its two-year investigation into the COVID-19 pandemic and released a final report titled “After Action Review of the COVID-19 Pandemic: The Lessons Learned and a Path Forward.” <a href="https://oversight.house.gov/wp-content/uploads/2024/12/12.04.2024-SSCP-FINAL-REPORT.pdf">Click here to read</a> the reportThe final report will serve as a road map for Congress, the Executive Branch, and the private sector to prepare for and respond to future pandemics. Since February 2023, the Select Subcommittee has sent more than 100 investigative letters, conducted more than 30 transcribed interviews and depositions, held 25 hearings and meetings, and reviewed more than one million pages of documents. Members and staff have exposed high-level corruption in America’s public health system, confirmed the most likely origin of the pandemic, held COVID-19 bad actors publicly accountable, fostered bipartisan consensus on consequential pandemic-era issues, and more. This 520-page final report details all findings of the Select Subcommittee’s investigation.“This work will help the United States, and the world, predict the next pandemic, prepare for the next pandemic, protect ourselves from the next pandemic, and hopefully prevent the next pandemic. Members of the 119th Congress should continue and build off this work, there is more information to find and honest actions to be taken,”&nbsp;wrote Chairman Wenstrup in a letter to Congress. “The COVID-19 pandemic highlighted a distrust in leadership. Trust is earned. Accountability, transparency, honesty, and integrity will regain this trust. A future pandemic requires a whole of America response managed by those without personal benefit or bias. We can always do better, and for the sake of future generations of Americans, we must. It can be done.”On Wednesday, December 4, 2024, at 10:30am, the Select Subcommittee will hold a markup of the final report and officially submit the report to the Congressional record.&nbsp;

Read the U.S. House COVID-19 pandemic panel’s final report

Washington, D.C. -&nbsp;U.S. Senator Roger Marshall will be a key founding member of the Senate Department of Government Efficiency (DOGE) Caucus, which will work closely with President Trump’s newly formed DOGE led by Elon Musk and Vivek Ramaswamy.&nbsp;

“The Federal Government’s waste, fraud, and abuse has left America as a shell of what she once was, and in a historic national debt crisis,”&nbsp;Senator Marshall said.&nbsp;“The American people gave us a mandate. They are tired of the status quo bureaucracy that strangles businesses in unnecessary regulations, abuses taxpayer monies on pet projects and beltway priorities over the heartland's needs, all while facing ZERO transparency or accountability for its gross mismanagement. Enough is enough; it’s past time for three letter agencies and unelected D.C. bureaucrats to come down to reality and remember&nbsp;‘We the People’&nbsp;sign their checks. DOGE has our work cut out for us, but it’s honorable work that will restore power back to the American people.”&nbsp;&nbsp;

Senator Joni Ernst (R-IA) will chair the Senate DOGE Caucus, with Senators John Cornyn (R-TX), Ted Budd (R-NC), Mike Lee (R-UT), Rick Scott (R-FL), and James Lankford (R-OK) also holding membership in the caucus.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/1/1706630950527.png" alt="Elon Musk will lead the DOGE along with Vivek Ramaswamy-image courtesy CSPAN" />
 <figcaption>Elon Musk will lead the DOGE along with Vivek Ramaswamy-image courtesy CSPAN</figcaption>
 </figure>Washington, D.C. -&nbsp;U.S. Senator Roger Marshall will be a key founding member of the Senate Department of Government Efficiency (DOGE) Caucus, which will work closely with President Trump’s newly formed DOGE led by Elon Musk and Vivek Ramaswamy.&nbsp;“The Federal Government’s waste, fraud, and abuse has left America as a shell of what she once was, and in a historic national debt crisis,”&nbsp;Senator Marshall said.&nbsp;“The American people gave us a mandate. They are tired of the status quo bureaucracy that strangles businesses in unnecessary regulations, abuses taxpayer monies on pet projects and beltway priorities over the heartland's needs, all while facing ZERO transparency or accountability for its gross mismanagement. Enough is enough; it’s past time for three letter agencies and unelected D.C. bureaucrats to come down to reality and remember&nbsp;‘We the People’&nbsp;sign their checks. DOGE has our work cut out for us, but it’s honorable work that will restore power back to the American people.”&nbsp;&nbsp;Senator Joni Ernst (R-IA) will chair the Senate DOGE Caucus, with Senators John Cornyn (R-TX), Ted Budd (R-NC), Mike Lee (R-UT), Rick Scott (R-FL), and James Lankford (R-OK) also holding membership in the caucus.

Kan. U.S. Senator named to DOGE caucus to eliminate government waste, inefficiency

KANSAS CITY —A judge sentenced a Kansas City man to 40 years in prison for the fatal shooting of Shayla Curts, 22, and her unborn child, according to Jackson County Prosecutor Jean Peters Baker.&nbsp;

In June. Emmett C. Williams, 35, pleaded guilty to two counts of Murder 2nd Degree and two counts of Armed Criminal Action charges.

Last week, the judge sentenced Williams to 25 years on the murder convictions and 15 years on the Armed Criminal Action convictions.&nbsp;

According to court records, on Dec. 6, Kansas City police officers were dispatched to the 4900 block of Bellefontaine Avenue on a reported shooting.

Officers found Curts deceased at the scene from a gunshot wound. Witnesses placed the defendant at the scene at the time of the shooting. One reported hearing a gunshot when the victim and "EW" were in residence.

A shell casing was located in the residence. Williams told police Curtis often antagonized him with her words and normally he ignored them. This time, she was on the living room couch as he was walking past her when he made the decision to pull a 9mm handgun and shoot her in the head. Police located the weapon later in a wooded area.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/12/1670585057057.png" alt="Williams photo Jackson Co." />
 <figcaption>Williams photo Jackson Co.</figcaption>
 </figure>KANSAS CITY —A judge sentenced a Kansas City man to 40 years in prison for the fatal shooting of Shayla Curts, 22, and her unborn child, according to Jackson County Prosecutor Jean Peters Baker.&nbsp;In June. Emmett C. Williams, 35, pleaded guilty to two counts of Murder 2nd Degree and two counts of Armed Criminal Action charges.Last week, the judge sentenced Williams to 25 years on the murder convictions and 15 years on the Armed Criminal Action convictions.&nbsp;According to court records, on Dec. 6, Kansas City police officers were dispatched to the 4900 block of Bellefontaine Avenue on a reported shooting.Officers found Curts deceased at the scene from a gunshot wound. Witnesses placed the defendant at the scene at the time of the shooting. One reported hearing a gunshot when the victim and "EW" were in residence.A shell casing was located in the residence. Williams told police Curtis often antagonized him with her words and normally he ignored them. This time, she was on the living room couch as he was walking past her when he made the decision to pull a 9mm handgun and shoot her in the head. Police located the weapon later in a wooded area.

Prison for murder of pregnant Kansas City woman

SHAWNEE COUNTY—Law enforcement are investigating two suspects in connection with&nbsp;two separate domestic disturbances over the Thanksgiving holiday weekend.

Just after midnight November 29, the Shawnee County Sheriff’s Office Emergency Communications Center received notification regarding a domestic disturbance in the 3400 block of SE Skylark Drive, according to Deputy Abigail Christian. A 36-year-old female victim was transported by American Medical Response (AMR) to a local hospital with serious injuries.

Benjamin J. Garay-Astorga, 33, of Topeka, was arrested and booked into the Shawnee County Department of Corrections on requested charges Aggravated battery and Aggravated assault.

Just before 1 a.m. Nov. 29, deputies were dispatched to another domestic disturbance in the 7600 block of SW Oxfordshire Road. A 39-year-old female victim sustained non-life-threatening injuries.

Rick C. Jackson II, 39, of Topeka, was arrested and booked into the SNDOC on requested charges of Aggravated domestic battery

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733177095417.png" alt="Jackson photo Shawnee Co." />
 <figcaption>Jackson photo Shawnee Co.</figcaption>
 </figure>SHAWNEE COUNTY—Law enforcement are investigating two suspects in connection with&nbsp;two separate domestic disturbances over the Thanksgiving holiday weekend.Just after midnight November 29, the Shawnee County Sheriff’s Office Emergency Communications Center received notification regarding a domestic disturbance in the 3400 block of SE Skylark Drive, according to Deputy Abigail Christian. A 36-year-old female victim was transported by American Medical Response (AMR) to a local hospital with serious injuries.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733177039703.png" alt="Garay-Astorga photo Shawnee Co." />
 <figcaption>Garay-Astorga photo Shawnee Co.</figcaption>
 </figure>Benjamin J. Garay-Astorga, 33, of Topeka, was arrested and booked into the Shawnee County Department of Corrections on requested charges Aggravated battery and Aggravated assault.Just before 1 a.m. Nov. 29, deputies were dispatched to another domestic disturbance in the 7600 block of SW Oxfordshire Road. A 39-year-old female victim sustained non-life-threatening injuries.Rick C. Jackson II, 39, of Topeka, was arrested and booked into the SNDOC on requested charges of Aggravated domestic battery

Two Kan. men accused of Thanksgiving weekend violence against women

JOHNSON COUNTY —Law enforcement are investigating a felony theft involving an ATM in the city of Olathe.

Just before 9:30a.m. Monday, two unknown subjects obtained money from an exterior ATM near the 15,000 Block of West 119th Street in Olathe, according to Olathe Police Sergeant&nbsp;John Moncayo. The suspects fled the area in a black Toyota passenger vehicle.

A thorough area search was conducted, and no contact was made with the suspects or vehicle.

The suspects were described as two man wearing hooded sweatshirts, black ski masks, and dark colored jeans. The suspects left with an undisclosed amount of cash. No weapon was seen during this incident and no reported injuries.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733177721302.png" alt="Photos Olathe Police" />
 <figcaption>Photos Olathe Police</figcaption>
 </figure>JOHNSON COUNTY —Law enforcement are investigating a felony theft involving an ATM in the city of Olathe.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733177699252.png" alt="" />
 <figcaption></figcaption>
 </figure>Just before 9:30a.m. Monday, two unknown subjects obtained money from an exterior ATM near the 15,000 Block of West 119th Street in Olathe, according to Olathe Police Sergeant&nbsp;John Moncayo. The suspects fled the area in a black Toyota passenger vehicle.A thorough area search was conducted, and no contact was made with the suspects or vehicle.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733177792018.png" alt="" />
 <figcaption></figcaption>
 </figure>The suspects were described as two man wearing hooded sweatshirts, black ski masks, and dark colored jeans. The suspects left with an undisclosed amount of cash. No weapon was seen during this incident and no reported injuries.

Police: Kansas suspects stole cash from ATM 

LYON COUNTY— The City of Emporia, along with Lyon County, the Regional Development Association, Emporia Main Street, Emporia Chamber of Commerce, Flint Hills Technical College, and Emporia State University in a media release on Monday acknowledged the announced closure of Tyson Fresh Meats, Inc, 2443 West 6th, set for February of 2025.&nbsp; &nbsp;Over 800 employees will be without jobs.

"Our thoughts are with the employees and families affected by this transition. Tyson has been a valuable corporate partner over the years, and we are grateful for their contributions to our community. "

"Our collective priority is to support impacted workers. We are collaborating with local organizations, state agencies, and workforce development partners to provide resources, job placement assistance, and training opportunities."

While we recognize the challenges this closure presents, Emporia’s economy remains stable and resilient. Community leaders will continue to work with key stakeholders at the local, state, and federal level to promote economic growth in Emporia. By working closely with business leaders and stakeholders, we aim to attract and retain strong and diversified industry that will provide growth and prosperity for our residents.&nbsp;

Emporia is a resilient community, and we are confident in our collective ability to navigate this transition. Our community is united and committed to building an even stronger future.&nbsp;

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733175081207.png" alt="Google image" />
 <figcaption>Google image</figcaption>
 </figure>LYON COUNTY— The City of Emporia, along with Lyon County, the Regional Development Association, Emporia Main Street, Emporia Chamber of Commerce, Flint Hills Technical College, and Emporia State University in a media release on Monday acknowledged the announced closure of Tyson Fresh Meats, Inc, 2443 West 6th, set for February of 2025.&nbsp; &nbsp;Over 800 employees will be without jobs."Our thoughts are with the employees and families affected by this transition. Tyson has been a valuable corporate partner over the years, and we are grateful for their contributions to our community. ""Our collective priority is to support impacted workers. We are collaborating with local organizations, state agencies, and workforce development partners to provide resources, job placement assistance, and training opportunities."While we recognize the challenges this closure presents, Emporia’s economy remains stable and resilient. Community leaders will continue to work with key stakeholders at the local, state, and federal level to promote economic growth in Emporia. By working closely with business leaders and stakeholders, we aim to attract and retain strong and diversified industry that will provide growth and prosperity for our residents.&nbsp;Emporia is a resilient community, and we are confident in our collective ability to navigate this transition. Our community is united and committed to building an even stronger future.&nbsp;

Community responds to Tyson Foods plan to close Emporia plant

WASHINGTON —As part of the surge in security assistance that President Biden announced on September 26 to put Ukraine in the strongest possible position, the Department of Defense (DoD) Monday announced additional security assistance to meet Ukraine's critical security and defense needs, according to a statement from the Department of Defense.

This announcement is the Biden Administration's seventy-first tranche of equipment to be provided from DoD inventories for Ukraine since August 2021. &nbsp;

This Presidential Drawdown Authority (PDA) package, which has an estimated value of $725 million, will provide Ukraine additional capabilities to meet its most urgent needs, including: air defense capabilities; munitions for rocket systems and artillery; and anti-tank weapons.

The capabilities in this announcement include:

The United States will continue to work together with some 50 Allies and partners through the Ukraine Defense Contact Group and its associated Capability Coalitions to meet Ukraine's urgently needed battlefield requirements and defend against Russian aggression.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/11/1732047530088.png" alt="Ukrainian President Volodymyr Zelenskyy-courtesy image" />
 <figcaption>Ukrainian President Volodymyr Zelenskyy-courtesy image</figcaption>
 </figure>WASHINGTON —As part of the surge in security assistance that President Biden announced on September 26 to put Ukraine in the strongest possible position, the Department of Defense (DoD) Monday announced additional security assistance to meet Ukraine's critical security and defense needs, according to a statement from the Department of Defense.This announcement is the Biden Administration's seventy-first tranche of equipment to be provided from DoD inventories for Ukraine since August 2021. &nbsp;This Presidential Drawdown Authority (PDA) package, which has an estimated value of $725 million, will provide Ukraine additional capabilities to meet its most urgent needs, including: air defense capabilities; munitions for rocket systems and artillery; and anti-tank weapons.The capabilities in this announcement include:<ul>
 <li>Munitions for National Advanced Surface-to-Air Missile Systems (NASAMS);</li><li>Stinger missiles;</li><li>Counter-Unmanned Aerial Systems (c-UAS) munitions;</li><li>Ammunition for High Mobility Artillery Rocket Systems (HIMARS);</li><li>155mm and 105mm artillery ammunition;</li><li>Unmanned Aerial Systems (UAS);</li><li>Non-persistent land mines;</li><li>Tube-launched, Optically tracked, Wire-guided (TOW) missiles;</li><li>Javelin and AT-4 anti-armor systems;</li><li>Small arms and ammunition;</li><li>Demolitions equipment and munitions;</li><li>Equipment to protect critical national infrastructure; and</li><li>Spare parts, ancillary equipment, services, training, and transportation.</li>
 </ul>The United States will continue to work together with some 50 Allies and partners through the Ukraine Defense Contact Group and its associated Capability Coalitions to meet Ukraine's urgently needed battlefield requirements and defend against Russian aggression.

U.S. will send Ukraine another $725 million in military assistance

SHAWNEE COUNTY —Law enforcement are investigating a Kansas teen on multiple allegations in connection an incident involving a gun.

Just before 3p.m. Saturday, police responded to the area of the 1700 block of SE 29th street in Topeka in reference to a subject possibly threatening others with a firearm.

Upon arrival officers developed information that 18-year-old&nbsp; Jairus Lyles Jr., had been armed with a firearm and had threatened several people in the area.&nbsp;

Police found Lyles at his home in the area arrested him and booked him into the Shawnee County Department of Corrections on requested charges Three counts of Aggravated Assault, Aggravated Criminal Threat and&nbsp;&nbsp;Aggravated Endangerment of a child.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733151513424.png" alt="Lyles photo Shawnee Co." />
 <figcaption>Lyles photo Shawnee Co.</figcaption>
 </figure>SHAWNEE COUNTY —Law enforcement are investigating a Kansas teen on multiple allegations in connection an incident involving a gun.Just before 3p.m. Saturday, police responded to the area of the 1700 block of SE 29th street in Topeka in reference to a subject possibly threatening others with a firearm.Upon arrival officers developed information that 18-year-old&nbsp; Jairus Lyles Jr., had been armed with a firearm and had threatened several people in the area.&nbsp;Police found Lyles at his home in the area arrested him and booked him into the Shawnee County Department of Corrections on requested charges Three counts of Aggravated Assault, Aggravated Criminal Threat and&nbsp;&nbsp;Aggravated Endangerment of a child.

Kan. teen accused of threatening victims with a gun

JACKSON COUNTY, Kan.—Law enforcement are investigating two women on multiple allegations after a traffic stop.

Just after 10:30p.m. Saturday, a sheriff's deputy arrested two women following a traffic stop near 142nd&nbsp;and U.S. Hwy 75, according to Sheriff Tim Morse.

 Deputies arrested the driver of the vehicle, Janis Ann Myrick 49, of Topeka, and the passenger, Lori Price, 58 of Topeka on drug charges.

Myrick booked into the Jackson County Jail on requested charges of possession of methamphetamine, possession of drug paraphernalia, and for an outstanding warrant from Jewell County, Kansas.

Price was&nbsp; booked into the Jackson County Jail on requested charges of possession of methamphetamine, possession of drug paraphernalia and felony interference with law enforcement. The Kansas Highway Patrol assisted with the incident.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733174594082.png" alt="Myrick-photo Jackson Co." />
 <figcaption>Myrick-photo Jackson Co.</figcaption>
 </figure>JACKSON COUNTY, Kan.—Law enforcement are investigating two women on multiple allegations after a traffic stop.Just after 10:30p.m. Saturday, a sheriff's deputy arrested two women following a traffic stop near 142nd&nbsp;and U.S. Hwy 75, according to Sheriff Tim Morse.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733174701797.png" alt="Price-photo Jackson Co." />
 <figcaption>Price-photo Jackson Co.</figcaption>
 </figure> Deputies arrested the driver of the vehicle, Janis Ann Myrick 49, of Topeka, and the passenger, Lori Price, 58 of Topeka on drug charges.Myrick booked into the Jackson County Jail on requested charges of possession of methamphetamine, possession of drug paraphernalia, and for an outstanding warrant from Jewell County, Kansas.Price was&nbsp; booked into the Jackson County Jail on requested charges of possession of methamphetamine, possession of drug paraphernalia and felony interference with law enforcement. The Kansas Highway Patrol assisted with the incident.

Two Kansas women accused of transporting meth

LABETTE COUNTY —&nbsp;Authorities are investigating a fatal house fire in Labette County.

On Sunday, the Labette County Sheriff's office requested the Kansas&nbsp;State Fire Marshal (KSFM) Investigation Division to assist with a fatality fire at 630 Iowa Street in Oswego, Kansas. The Fire Marshal's office sent two Special Agents to assist with the investigation.

&nbsp;The single-family residence was occupied by two adult victims who were pulled from the structure by emergency responders. 

Resuscitation efforts were unsuccessful and both victims died because of their injuries. Identification of the victims is still ongoing, and autopsies are pending as part of the investigation.

There is nothing suspicious about the fire. The cause is still under investigation.&nbsp; It is unknown if there were smoke detectors in the home.

LABETTE COUNTY —&nbsp;Authorities are investigating a fatal house fire in Labette County.On Sunday, the Labette County Sheriff's office requested the Kansas&nbsp;State Fire Marshal (KSFM) Investigation Division to assist with a fatality fire at 630 Iowa Street in Oswego, Kansas. The Fire Marshal's office sent two Special Agents to assist with the investigation.&nbsp;The single-family residence was occupied by two adult victims who were pulled from the structure by emergency responders. Resuscitation efforts were unsuccessful and both victims died because of their injuries. Identification of the victims is still ongoing, and autopsies are pending as part of the investigation.There is nothing suspicious about the fire. The cause is still under investigation.&nbsp; It is unknown if there were smoke detectors in the home.

Fire Marshal: 2 dead after fire at Kansas home

Staff with the Missouri Department of Conservation delivered the annual Christmas tree to the front lawn of the Governor's mansion in Jefferson City on Monday morning, according to a social media report from the MODOC.

This year's tree is a 40-foot Norway spruce donated by the Richardsons of Boone Co. See the tree lit up during the lighting ceremony this Friday evening.

Staff with the Missouri Department of Conservation delivered the annual Christmas tree to the front lawn of the Governor's mansion in Jefferson City on Monday morning, according to a social media report from the MODOC.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733174096806.png" alt="Photos Missouri Dept. of Conservation" />
 <figcaption>Photos Missouri Dept. of Conservation</figcaption>
 </figure>This year's tree is a 40-foot Norway spruce donated by the Richardsons of Boone Co. See the tree lit up during the lighting ceremony this Friday evening.

Christmas tree arrives at Missouri Governor's mansion

SALINE COUNTY —Human remains discovered in Saline County in 2021 have been identified as 69-year-old Kenneth Frances Reitcheck, according to the Saline County Sheriff’s Office. He was reported missing in November of 2019.

On April 20, 2021, a human skull and a small bone were found near a wooded creek on agricultural property in southwest Salina. Law enforcement also discovered an old tent and debris from a makeshift campsite in the area. Despite an extensive search, including the use of K9 units, no additional evidence was recovered at the time to assist in identifying the remains.

Initial examinations, including those conducted by the Wichita State Anthropology Department, provided some details regarding the estimated height and age of the individual but could not confirm an identity.

In the summer of 2024, Saline County investigators reached out to Othram Labs, which specializes in advanced DNA testing. On Dec. 2, investigators were notified that DNA analysis confirmed the remains belonged to Kenneth Reitcheck, who was 69 years old when he disappeared.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733166057420.png" alt="Kenneth Reitcheck courtesy photo" />
 <figcaption>Kenneth Reitcheck courtesy photo</figcaption>
 </figure>SALINE COUNTY —Human remains discovered in Saline County in 2021 have been identified as 69-year-old Kenneth Frances Reitcheck, according to the Saline County Sheriff’s Office. He was reported missing in November of 2019.On April 20, 2021, a human skull and a small bone were found near a wooded creek on agricultural property in southwest Salina. Law enforcement also discovered an old tent and debris from a makeshift campsite in the area. Despite an extensive search, including the use of K9 units, no additional evidence was recovered at the time to assist in identifying the remains.Initial examinations, including those conducted by the Wichita State Anthropology Department, provided some details regarding the estimated height and age of the individual but could not confirm an identity.In the summer of 2024, Saline County investigators reached out to Othram Labs, which specializes in advanced DNA testing. On Dec. 2, investigators were notified that DNA analysis confirmed the remains belonged to Kenneth Reitcheck, who was 69 years old when he disappeared.The cause of death remains undetermined.

Sheriff: Remains found in central-Kansas in 2021 identified

JOHNSON COUNTY —One person died in an accident just after 11:30p.m. Sunday in Johnson County.

According to a social media report from Overland Park Police, a vehicle was southbound in the northbound lanes of U.S. 69 just north of west 95th Street.&nbsp; The southbound vehicle struck a northbound vehicle.&nbsp;

The wrong-way driver was pronounced dead at the scene.&nbsp;EMS transported the driver of the northbound vehicle to a local hospital for treatment of non-life-threatening injuries. The accident remains under investigation. Police have not released the name of the driver.

JOHNSON COUNTY —One person died in an accident just after 11:30p.m. Sunday in Johnson County.According to a social media report from Overland Park Police, a vehicle was southbound in the northbound lanes of U.S. 69 just north of west 95th Street.&nbsp; The southbound vehicle struck a northbound vehicle.&nbsp;The wrong-way driver was pronounced dead at the scene.&nbsp;EMS transported the driver of the northbound vehicle to a local hospital for treatment of non-life-threatening injuries. The accident remains under investigation. Police have not released the name of the driver.

Driver dead after wrong-way crash on Kansas highway

President&nbsp;Joe Biden&nbsp;pardoned his son,&nbsp;Hunter, on Sunday, despite a pledge not to do so. The action will allow the younger Biden to avoid possible time in prison.

On his social media account, Missouri U.S. Senator Josh Hawley criticized the President.

Below is the full statement on the pardon released by the White House

Today, I signed a pardon for my son Hunter. From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted.&nbsp;Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions.&nbsp;It is clear that Hunter was treated differently.&nbsp;

&nbsp;The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process.&nbsp;Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.&nbsp; &nbsp;&nbsp;

No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong. There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution.&nbsp;In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough.&nbsp;&nbsp;

For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded.&nbsp;Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I&nbsp;hope Americans will understand why a father and a President would come to this decision.&nbsp;&nbsp;

&nbsp;Executive Grant of ClemencyJoseph R. Biden, Jr.President of the United States of America&nbsp;

To All to Whom These Presents Shall Come, Greeting:&nbsp;

Be It Known, That This Day, I, Joseph R. Biden, Jr., President of the United States, Pursuant to My Powers Under Article II, Section 2, Clause 1, of the Constitution, Have Granted Unto&nbsp;

A Full and Unconditional Pardon&nbsp;For those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024, including but not limited to all offenses charged or prosecuted (including any that have resulted in convictions) by Special Counsel David C. Weiss in Docket No. 1:23-cr-00061-MN in the United States District Court for the District of Delaware and Docket No. 2:23-CR-00599-MCS-1 in the United States District Court for the Central District of California.&nbsp;

IN TESTIMONY WHEREOF I have hereunto signed my name and caused the Pardon to be recorded with the Department of Justice.&nbsp;

Done at the City of Washington this 1st day of December in the year of our Lord Two Thousand and Twenty-four and of the Independence of the United States the Two Hundred and Forty-ninth.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/9/1695255188333.png" alt="File photo Hunter Biden courtesy CSPAN" />
 <figcaption>File photo Hunter Biden courtesy CSPAN</figcaption>
 </figure>President&nbsp;Joe Biden&nbsp;pardoned his son,&nbsp;Hunter, on Sunday, despite a pledge not to do so. The action will allow the younger Biden to avoid possible time in prison.On his social media account, Missouri U.S. Senator Josh Hawley criticized the President.<div><blockquote class="twitter-tweet">This is an outrageous abuse of the rule of law - all to protect the Biden family business of selling access &amp; influence <a href="https://t.co/jyf9rXm07P">https://t.co/jyf9rXm07P</a>&mdash; Josh Hawley (@HawleyMO) <a href="https://twitter.com/HawleyMO/status/1863399680094175730?ref_src=twsrc%5Etfw">December 2, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div><div><blockquote class="twitter-tweet">So much for that <a href="https://t.co/Xl1McYKOE7">https://t.co/Xl1McYKOE7</a>&mdash; Josh Hawley (@HawleyMO) <a href="https://twitter.com/HawleyMO/status/1863402180830527789?ref_src=twsrc%5Etfw">December 2, 2024</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>Below is the full statement on the pardon released by the White House--------Today, I signed a pardon for my son Hunter. From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted.&nbsp;Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions.&nbsp;It is clear that Hunter was treated differently.&nbsp;&nbsp;The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process.&nbsp;Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.&nbsp; &nbsp;&nbsp;No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong. There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution.&nbsp;In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough.&nbsp;&nbsp;For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded.&nbsp;Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I&nbsp;hope Americans will understand why a father and a President would come to this decision.&nbsp;&nbsp;###&nbsp;Executive Grant of ClemencyJoseph R. Biden, Jr.President of the United States of America&nbsp;To All to Whom These Presents Shall Come, Greeting:&nbsp;Be It Known, That This Day, I, Joseph R. Biden, Jr., President of the United States, Pursuant to My Powers Under Article II, Section 2, Clause 1, of the Constitution, Have Granted Unto&nbsp;ROBERT HUNTER BIDEN&nbsp;A Full and Unconditional Pardon&nbsp;For those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024, including but not limited to all offenses charged or prosecuted (including any that have resulted in convictions) by Special Counsel David C. Weiss in Docket No. 1:23-cr-00061-MN in the United States District Court for the District of Delaware and Docket No. 2:23-CR-00599-MCS-1 in the United States District Court for the Central District of California.&nbsp;IN TESTIMONY WHEREOF I have hereunto signed my name and caused the Pardon to be recorded with the Department of Justice.&nbsp;Done at the City of Washington this 1st day of December in the year of our Lord Two Thousand and Twenty-four and of the Independence of the United States the Two Hundred and Forty-ninth.-------

Mo. U.S. Senator's statement on President Biden's pardon for his son

KANSAS CITY—Investigators are working to determine the cause of fire at an apartment complex in Kansas City.

Just before 8a.m. Sunday, crews responded to a reported apartment fire at 16300 E. 48th Terrace in Kansas City, according to Battalion Chief Michael Hopkins.

&nbsp;Crews reported smoke and fire showing from the three-story apartment on arrival.

KCFD received multiple reports of trapped occupants. Due to the cold temperatures and potential for multiple patients, the incident was upgraded to a first alarm fire with 6 additional ambulances ordered.

 The ambulances were used as warming locations for displaced occupants. The fire was placed under control at 8:25 a.m., according to Hopkins.

Multiple occupants and multiple pets were assisted or rescued from the apartment building.&nbsp;

&nbsp;Red Cross was ordered for 16 adults and 7 children.&nbsp; Occupants were moved to the complex club house while they wait for Red Cress

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733106925793.png" alt="Photos KCFD" />
 <figcaption>Photos KCFD</figcaption>
 </figure>KANSAS CITY—Investigators are working to determine the cause of fire at an apartment complex in Kansas City.Just before 8a.m. Sunday, crews responded to a reported apartment fire at 16300 E. 48th Terrace in Kansas City, according to Battalion Chief Michael Hopkins.&nbsp;Crews reported smoke and fire showing from the three-story apartment on arrival.<figure>
 <img src="https://media.eaglewebservices.com/public/2024/12/1733106902244.png" alt="" />
 <figcaption></figcaption>
 </figure>KCFD received multiple reports of trapped occupants. Due to the cold temperatures and potential for multiple patients, the incident was upgraded to a first alarm fire with 6 additional ambulances ordered. The ambulances were used as warming locations for displaced occupants. The fire was placed under control at 8:25 a.m., according to Hopkins.Multiple occupants and multiple pets were assisted or rescued from the apartment building.&nbsp;&nbsp;Red Cross was ordered for 16 adults and 7 children.&nbsp; Occupants were moved to the complex club house while they wait for Red Cress

Adults, children and pets rescued from Kansas City apartment fire

JERUSALEM- U.S. Navy destroyers USS Stockdale (DDG 106) and the USS O’Kane (DDG 77) successfully defeated a range of Iranian-backed Houthi rebel-launched weapons while transiting the Gulf of Aden on Saturday on Sunday, according to a statement from the U.S. Central Command.

The destroyers were escorting three U.S. owned, operated, flagged merchant vessels and the reckless attacks resulted in no injuries and no damage to any vessels, civilian or U.S. Naval.

The destroyers successfully engaged and defeated three anti-ship ballistic missiles (ASBMs), three one-way attack uncrewed aerial systems (OWA UAS), and one anti-ship cruise missile (ASCM), ensuring the safety of the ships and their personnel, as well as civilian vessels and their crews.

These actions reflect the ongoing commitment of CENTCOM forces to protect U.S. personnel, regional partners, and international shipping, against attacks by Iran-backed Houthis.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/12/1703990687604.png" alt="File photo U.S. Central Command" />
 <figcaption>File photo U.S. Central Command</figcaption>
 </figure>JERUSALEM- U.S. Navy destroyers USS Stockdale (DDG 106) and the USS O’Kane (DDG 77) successfully defeated a range of Iranian-backed Houthi rebel-launched weapons while transiting the Gulf of Aden on Saturday on Sunday, according to a statement from the U.S. Central Command.The destroyers were escorting three U.S. owned, operated, flagged merchant vessels and the reckless attacks resulted in no injuries and no damage to any vessels, civilian or U.S. Naval.The destroyers successfully engaged and defeated three anti-ship ballistic missiles (ASBMs), three one-way attack uncrewed aerial systems (OWA UAS), and one anti-ship cruise missile (ASCM), ensuring the safety of the ships and their personnel, as well as civilian vessels and their crews.These actions reflect the ongoing commitment of CENTCOM forces to protect U.S. personnel, regional partners, and international shipping, against attacks by Iran-backed Houthis.

 U.S. forces defeat attack on U.S. Navy and U.S.-flagged ships in Gulf of Aden

KANSAS CITY—Law enforcement continue to investigate the death of a man whose body was found in a donation bin.

Just after 6:30 p.m. Thursday, emergency crews responded to a need for medical aid near 72nd and Wornall Road, according to a Kansas City Police.

First responders found a man who was partially in a donation bin. Emergency crews pronounced him dead at the scene.

There did not appear to be any signs of foul play, according to police. The&nbsp;Medical Examiner’s Office&nbsp;will make an official decision on the cause of death.

KANSAS CITY—Law enforcement continue to investigate the death of a man whose body was found in a donation bin.Just after 6:30 p.m. Thursday, emergency crews responded to a need for medical aid near 72nd and Wornall Road, according to a Kansas City Police.First responders found a man who was partially in a donation bin. Emergency crews pronounced him dead at the scene.There did not appear to be any signs of foul play, according to police. The&nbsp;Medical Examiner’s Office&nbsp;will make an official decision on the cause of death.

Man found dead in Kansas City area donation bin

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/12/1702480298924.png" alt="File photo Hunter Biden courtesy CSPAN" />
 <figcaption>File photo Hunter Biden courtesy CSPAN</figcaption>
 </figure>President&nbsp;Joe Biden&nbsp;pardoned his son,&nbsp;Hunter, on Sunday, despite a pledge not to do so. The action will allow the younger Biden to avoid possible time in prison.Below is the full statement on the pardon released by the White House--------Today, I signed a pardon for my son Hunter. From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted.&nbsp;Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given non-criminal resolutions.&nbsp;It is clear that Hunter was treated differently.&nbsp;&nbsp;The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election. Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the court room – with a number of my political opponents in Congress taking credit for bringing political pressure on the process.&nbsp;Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.&nbsp; &nbsp;&nbsp;No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son – and that is wrong. There has been an effort to break Hunter – who has been five and a half years sober, even in the face of unrelenting attacks and selective prosecution.&nbsp;In trying to break Hunter, they’ve tried to break me – and there’s no reason to believe it will stop here. Enough is enough.&nbsp;&nbsp;For my entire career I have followed a simple principle: just tell the American people the truth. They’ll be fair-minded.&nbsp;Here’s the truth: I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice – and once I made this decision this weekend, there was no sense in delaying it further. I&nbsp;hope Americans will understand why a father and a President would come to this decision.&nbsp;&nbsp;###&nbsp;Executive Grant of ClemencyJoseph R. Biden, Jr.President of the United States of America&nbsp;To All to Whom These Presents Shall Come, Greeting:&nbsp;Be It Known, That This Day, I, Joseph R. Biden, Jr., President of the United States, Pursuant to My Powers Under Article II, Section 2, Clause 1, of the Constitution, Have Granted Unto&nbsp;ROBERT HUNTER BIDEN&nbsp;A Full and Unconditional Pardon&nbsp;For those offenses against the United States which he has committed or may have committed or taken part in during the period from January 1, 2014 through December 1, 2024, including but not limited to all offenses charged or prosecuted (including any that have resulted in convictions) by Special Counsel David C. Weiss in Docket No. 1:23-cr-00061-MN in the United States District Court for the District of Delaware and Docket No. 2:23-CR-00599-MCS-1 in the United States District Court for the Central District of California.&nbsp;IN TESTIMONY WHEREOF I have hereunto signed my name and caused the Pardon to be recorded with the Department of Justice.&nbsp;Done at the City of Washington this 1st day of December in the year of our Lord Two Thousand and Twenty-four and of the Independence of the United States the Two Hundred and Forty-ninth.-------

Biden pardons son Hunter on gun, tax convictions despite pledge not to

RILEY COUNTY – The Riley County Police Department is actively investigating two overnight shootings reported in Manhattan.

Just before 8p.m. Saturday, police responded to a report of shots fired in the 2000 block of College Heights, according to a media release from the RCPD. Officers located a 23-year-old woman with a gunshot wound. The victim was transported to Ascension Via Christi Hospital and treated for non-life-threatening injuries.

Just before 6a.m. Sunday, officers responded to another report of shots fired in the 1800 block of Claflin Road. Upon arrival, three individuals were found with gunshot wounds. EMS transported all three to Ascension Via Christi for treatment.

Officers have been on the scene throughout the day, collecting and processing evidence. Preliminary findings suggest the two incidents are related. However, there is no ongoing threat to the public at this time.

RCPD is pursuing all leads and urges anyone with information about either incident to contact the department. Tips can be submitted by calling the RCPD non-emergency line at 785-537-2112 or through Crime Stoppers at (785) 539-7777. Crime Stoppers allows for anonymity and may qualify tipsters for a cash reward.

These investigations remain active, and we appreciate the public’s patience as officers work diligently to gather evidence and follow up on leads.&nbsp;

RILEY COUNTY – The Riley County Police Department is actively investigating two overnight shootings reported in Manhattan.Just before 8p.m. Saturday, police responded to a report of shots fired in the 2000 block of College Heights, according to a media release from the RCPD. Officers located a 23-year-old woman with a gunshot wound. The victim was transported to Ascension Via Christi Hospital and treated for non-life-threatening injuries.Just before 6a.m. Sunday, officers responded to another report of shots fired in the 1800 block of Claflin Road. Upon arrival, three individuals were found with gunshot wounds. EMS transported all three to Ascension Via Christi for treatment.Officers have been on the scene throughout the day, collecting and processing evidence. Preliminary findings suggest the two incidents are related. However, there is no ongoing threat to the public at this time.RCPD is pursuing all leads and urges anyone with information about either incident to contact the department. Tips can be submitted by calling the RCPD non-emergency line at 785-537-2112 or through Crime Stoppers at (785) 539-7777. Crime Stoppers allows for anonymity and may qualify tipsters for a cash reward.These investigations remain active, and we appreciate the public’s patience as officers work diligently to gather evidence and follow up on leads.&nbsp;--------------

Police: 4 hospitalized after 2 separate shootings in Manhattan

KANSAS CITY– A Kansas City man has been indicted by a federal grand jury for hacking into the computer systems at an area nonprofit and a health club business, according to the United State's Attorney.

Nicholas Michael Kloster, 31, was charged in a two-count indictment returned under seal by a federal grand jury in Kansas City. That indictment was unsealed and made public following Kloster’s arrest and initial court appearance.

The federal indictment charges Kloster with one count of accessing a protected computer without authorization and obtaining information.

Kloster allegedly entered the premises of a business, identified in court documents as Company Victim 2, which operates multiple health clubs in Kansas and Missouri, shortly before midnight on April 26, 2024. The following day, Kloster sent an email to one of the owners of Company Victim 2, claiming that he had gained access to the computer system. Kloster also claimed to have “assisted over 30 small to medium-sized industrial businesses in the Kansas City, Missouri area” and attached a copy of his resume.

Following Kloster’s intrusion, the indictment says, employees with Company Victim 2 noted that Kloster’s monthly gym membership fee was reduced to $1, that his photograph was erased from the gym’s network, and determined that Kloster stole a gym staff nametag. A few weeks later, Kloster posted an image to a social media profile which appeared to be a screen capture of his desktop showing control of the security cameras for Company Victim 2, with a chatbox window with the message “how to get a company to use your security service.”

The federal indictment also charges Kloster with one count of causing reckless damage to a protected computer during unauthorized access.

Kloster allegedly entered the premises of a nonprofit corporation, identified in court documents as Company Victim 3, on May 20, 2024. Kloster entered an area that is not available to the public and accessed a computer with access to the company’s network. Kloster utilized a boot disk, the indictment says, which enabled him to access Company Victim 3’s computer through multiple user accounts. By accessing Company Victim 3’s computer in such a manner, the indictment says, the use of this boot disk enabled Kloster to circumvent the password requirements on Company Victim 3’s computer and change the password assigned to one or more of the users of Company Victim 3’s computer. Kloster was able to install a virtual private network on this computer. Since Kloster’s intrusion into its computer and its network, Company Victim 3 has sustained losses in excess of $5,000 in an attempt to remediate the effects from this intrusion.

In addition to these two victims, the indictment refers to a third victim, identified in court documents as Company Victim 1. According to the indictment, Kloster was employed by Company Victim 1 in March and April 2024. Kloster allegedly used a company credit card to make numerous personal purchases, including a thumb drive that was advertised as a means to hack into vulnerable computers.

The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.

This case is being prosecuted by Assistant U.S. Attorneys Patrick Daly and Nicholas Heberle. It was investigated by the FBI and the Kansas City, Mo., Police Department.

KANSAS CITY– A Kansas City man has been indicted by a federal grand jury for hacking into the computer systems at an area nonprofit and a health club business, according to the United State's Attorney.Nicholas Michael Kloster, 31, was charged in a two-count indictment returned under seal by a federal grand jury in Kansas City. That indictment was unsealed and made public following Kloster’s arrest and initial court appearance.The federal indictment charges Kloster with one count of accessing a protected computer without authorization and obtaining information.Kloster allegedly entered the premises of a business, identified in court documents as Company Victim 2, which operates multiple health clubs in Kansas and Missouri, shortly before midnight on April 26, 2024. The following day, Kloster sent an email to one of the owners of Company Victim 2, claiming that he had gained access to the computer system. Kloster also claimed to have “assisted over 30 small to medium-sized industrial businesses in the Kansas City, Missouri area” and attached a copy of his resume.Following Kloster’s intrusion, the indictment says, employees with Company Victim 2 noted that Kloster’s monthly gym membership fee was reduced to $1, that his photograph was erased from the gym’s network, and determined that Kloster stole a gym staff nametag. A few weeks later, Kloster posted an image to a social media profile which appeared to be a screen capture of his desktop showing control of the security cameras for Company Victim 2, with a chatbox window with the message “how to get a company to use your security service.”The federal indictment also charges Kloster with one count of causing reckless damage to a protected computer during unauthorized access.Kloster allegedly entered the premises of a nonprofit corporation, identified in court documents as Company Victim 3, on May 20, 2024. Kloster entered an area that is not available to the public and accessed a computer with access to the company’s network. Kloster utilized a boot disk, the indictment says, which enabled him to access Company Victim 3’s computer through multiple user accounts. By accessing Company Victim 3’s computer in such a manner, the indictment says, the use of this boot disk enabled Kloster to circumvent the password requirements on Company Victim 3’s computer and change the password assigned to one or more of the users of Company Victim 3’s computer. Kloster was able to install a virtual private network on this computer. Since Kloster’s intrusion into its computer and its network, Company Victim 3 has sustained losses in excess of $5,000 in an attempt to remediate the effects from this intrusion.In addition to these two victims, the indictment refers to a third victim, identified in court documents as Company Victim 1. According to the indictment, Kloster was employed by Company Victim 1 in March and April 2024. Kloster allegedly used a company credit card to make numerous personal purchases, including a thumb drive that was advertised as a means to hack into vulnerable computers.The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.This case is being prosecuted by Assistant U.S. Attorneys Patrick Daly and Nicholas Heberle. It was investigated by the FBI and the Kansas City, Mo., Police Department.

KC man accused of hacking computers of health club business

BY:&nbsp;<a href="https://missouriindependent.com/author/timhenderson/">TIM HENDERSON</a>

The U.S. Census Bureau and a growing number of states are starting to gather more detailed information about Americans’ race and ethnicity, a change some advocates of the process say will allow people to choose identities that more closely reflect how they see themselves.

Crunching and sorting through those specific details — known as data disaggregation — will help illuminate disparities in areas such as housing and health outcomes that could be hidden within large racial and ethnic categories. But some experts say the details also might make it harder for Black people from multiracial countries to identify themselves.

Racial data gleaned from the census is important because local, state, tribal and federal governments&nbsp;<a href="https://www.census.gov/acs/www/about/why-we-ask-each-question/race/#:~:text=Local%2C%20state%2C%20tribal%2C%20and,or%20services%20for%20specific%20groups." target="_blank">use it to guide</a>&nbsp;certain civil rights policies and&nbsp;“in planning and funding government programs that provide funds or services for specific groups,” according to the Census Bureau.

The form will have checkboxes for main categories — current census groupings include “Asian,” “Black,” “African American” and “White,” among others&nbsp;— followed by more specific checkboxes. Under Asian, for example, might be Chinese, Asian Indian, Filipino, Vietnamese, Korean or Japanese. And then there will be an empty box for people to write in more specific subgroups.

Collecting more detail by allowing free-form answers, for example, will make it possible for people to identify themselves as part of more racial and ethnic subgroups — such as “Sardinian” (an autonomous region within Italy) instead of simply “Italian” — and include alternative names for certain groups, such as writing “Schitsu’umsh,” the ancient language for “Coeur D’Alene Tribe.”

And the Census Bureau will for the first time include Middle Eastern/North African as a separate racial/ethnic category for respondents with that heritage. Until now, Middle Eastern people who did not choose a race were treated as a&nbsp;<a href="https://www.census.gov/library/stories/2023/09/2020-census-dhc-a-mena-population.html" target="_blank">subcategory</a>&nbsp;under “white,” based on a 1944 court&nbsp;<a href="https://www.lwv.org/blog/representing-middle-eastern-and-north-african-citizens-census#:~:text=It%20would%20not%20be%20until%20a%20district,Walter%2DMcCarran%20Act%20nullified%20all%20previous%20Asian%2Dexclusion%20laws." target="_blank">ruling</a>&nbsp;intended to protect Arab immigrants from racist laws banning U.S. citizenship for nonwhite immigrants.

Under&nbsp;<a href="https://www.federalregister.gov/documents/2024/03/29/2024-06469/revisions-to-ombs-statistical-policy-directive-no-15-standards-for-maintaining-collecting-and" target="_blank">new federal guidelines</a>&nbsp;approved in March, the bureau also will give people the option to check no race at all if they identify as Hispanic or Middle Eastern/North African.

The Census Bureau already has decided to use more open-ended questions in both the 2027 American Community Survey and the nation’s 2030 census. But the agency is seeking&nbsp;<a href="https://www.federalregister.gov/documents/2024/11/18/2024-26827/the-census-bureaus-proposed-raceethnicity-code-list-for-the-american-community-survey-and-the-2030?utm_source=censusSDC&amp;utm_medium=twitter" target="_blank">public comment</a>&nbsp;on the way write-in responses will be categorized.

The bureau wants to hear how people are likely to identify themselves, said Merarys Ríos-Vargas, chief of the bureau’s Ethnicity and Ancestry Branch, Population Division, in a&nbsp;<a href="https://www.census.gov/newsroom/press-releases/2024/webinar-race-ethnicity-coding-improvement.html" target="_blank">recent webinar</a>. The agency also is interested in whether there are missing or incorrect entries in its proposed list of possible responses.

Nancy López, a University of New Mexico sociology professor, said she and other experts in Black Hispanic culture think the census should have a “visual race” or “street race” question, so people can communicate how others see them as well as how they identify themselves. The answer might be “Black” or a yet-unrecognized racial category such as “brown.”

“A separate question on race as a visual status helps illuminate the kind of things we are interested in — discrimination in housing, discrimination in employment, discrimination in education and accessing health care in public spaces,” said López, who is the daughter of Dominican immigrants and a co-founder of the university’s Institute for the Study of “Race” &amp; Social Justice.

“It’s about people’s lives, it’s about the future, it’s about children, it’s about access to opportunities and it’s about fairness,” she added, noting that even if the federal government doesn’t add such questions to surveys and the decennial census, state and universities can still do it on their own as they collect data for health care, student enrollment and other topics.

The NALEO Educational Fund, an organization representing Latino elected and appointed officials, supports the decision to make a race choice optional for Hispanics.

“Many Latinos did not see themselves in any of the categories for their racial identity,” said Rosalind Gold, NALEO’s chief public policy officer. “There’s a large number of Latinos who feel that identifying as Latino is both their racial and ethnic identity.”

Gold said NALEO understands the concern some have that failing to require a race designation will obscure racial information on Black Hispanics. But her group argues that the census can get what it needs by educating the public on how to respond and by including prompts on the questionnaires to guide race choices.

Black Hispanic people often see themselves as having a single racial and ethnic identity, according to several experts in Hispanic identity who spoke at a Census Bureau National Advisory Committee meeting Nov. 7.

“They conceptualize themselves as belonging to one [group],” said Nicholas Vargas, an associate professor of ethnic studies at the University of California, Berkeley, speaking at the committee meeting.

“They check ‘Black’ and they check ‘Dominican’ — and don’t want to be counted as two or more,” he said.

In response, Rachel Marks, an adviser for the Census Bureau on race and ethnicity, said the bureau will consider that issue and other “feedback on how people want to be represented” before making a final decision on survey details.

The bureau may recognize a term, Afro-Latino, that could be used to indicate both Black race and Hispanic ethnicity, according to a proposed code list from the agency, as well as “Blaxican” for Black Mexican and “Blasian“ for Black Asian.

The Leadership Conference on Civil and Human Rights, a coalition of civil rights groups, called the more detailed questions&nbsp;<a href="https://www2.census.gov/about/partners/cac/nac/meetings/2024-11/public-comment-leadership-conference-civil-rights.pdf" target="_blank">“a step forward”</a>&nbsp;but also suggested more guidance on the forms to ensure people are categorized the way they want to be. In its comment on the changes, the group noted that in 2020, some people who wrote in “British” under the Black checkbox were categorized as partly white even if they didn’t mean that.

The group&nbsp;<a href="https://civilrights.org/resource/leadership-conference-comments-on-timeline-for-updated-race-and-ethnicity-standards-implementation-on-the-acs/" target="_blank">also said</a>&nbsp;it is “concerned about a conflation of the concepts of race and ethnicity,” and it asked for more research to make sure people understand how to respond.

Some states are acting on their own to gather more detailed data about identity.

New Jersey is among the latest states to&nbsp;<a href="https://www.nj.gov/governor/news/news/562024/20240112g.shtml" target="_blank">pass a law</a>&nbsp;requiring more detailed race and ethnic data collection for state records such as health data and school enrollment.

A similar&nbsp;<a href="https://legislature.mi.gov/Bills/Bill?ObjectName=2024-HB-5447" target="_blank">bill</a>&nbsp;in Michigan would require state agencies that gather information to offer “multiracial” and “Middle Eastern or North African” as choices; the bill remains in committee.

And advocates in Oregon, which already&nbsp;<a href="https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=315084" target="_blank">has a law</a>&nbsp;requiring detailed ethnic data collection, are&nbsp;<a href="https://www.oregonlive.com/education/2024/10/asian-american-students-advocates-call-for-the-state-to-collect-more-detailed-data-about-their-ethnicities.html" target="_blank">asking the state</a>&nbsp;for more details on Asian subgroups who face education challenges.

A&nbsp;<a href="https://civilrights.org/edfund/resource/disaggregation-nation-a-landscape-review-of-state-race-ethnicity-data-collection/" target="_blank">December 2023 report</a>&nbsp;by The Leadership Conference Education Fund identified 13 other states with laws requiring more detailed state data on ethnic and racial groups, including laws passed last year in Hawaii, Illinois, Massachusetts and Nevada.

The states of California, Connecticut, Minnesota, New Mexico, New York, Oklahoma, Oregon, Rhode Island and Washington already had such laws, the group found.

<a href="https://stateline.org/" target="_blank">Stateline</a>&nbsp;is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions:&nbsp;<a href="mailto:info@stateline.org">info@stateline.org</a>. Follow Stateline on&nbsp;<a href="https://facebook.com/statelinenewsroom" target="_blank">Facebook</a>&nbsp;and&nbsp;<a href="https://x.com/stateline_news" target="_blank">X</a>.

<figure>
 <img src="https://media.eaglewebservices.com/public/2024/11/1732917563275.png" alt="" />
 <figcaption></figcaption>
 </figure>BY:&nbsp;<a href="https://missouriindependent.com/author/timhenderson/">TIM HENDERSON</a>The U.S. Census Bureau and a growing number of states are starting to gather more detailed information about Americans’ race and ethnicity, a change some advocates of the process say will allow people to choose identities that more closely reflect how they see themselves.Crunching and sorting through those specific details — known as data disaggregation — will help illuminate disparities in areas such as housing and health outcomes that could be hidden within large racial and ethnic categories. But some experts say the details also might make it harder for Black people from multiracial countries to identify themselves.Racial data gleaned from the census is important because local, state, tribal and federal governments&nbsp;<a href="https://www.census.gov/acs/www/about/why-we-ask-each-question/race/#:~:text=Local%2C%20state%2C%20tribal%2C%20and,or%20services%20for%20specific%20groups." target="_blank">use it to guide</a>&nbsp;certain civil rights policies and&nbsp;“in planning and funding government programs that provide funds or services for specific groups,” according to the Census Bureau.The form will have checkboxes for main categories — current census groupings include “Asian,” “Black,” “African American” and “White,” among others&nbsp;— followed by more specific checkboxes. Under Asian, for example, might be Chinese, Asian Indian, Filipino, Vietnamese, Korean or Japanese. And then there will be an empty box for people to write in more specific subgroups.Collecting more detail by allowing free-form answers, for example, will make it possible for people to identify themselves as part of more racial and ethnic subgroups — such as “Sardinian” (an autonomous region within Italy) instead of simply “Italian” — and include alternative names for certain groups, such as writing “Schitsu’umsh,” the ancient language for “Coeur D’Alene Tribe.”And the Census Bureau will for the first time include Middle Eastern/North African as a separate racial/ethnic category for respondents with that heritage. Until now, Middle Eastern people who did not choose a race were treated as a&nbsp;<a href="https://www.census.gov/library/stories/2023/09/2020-census-dhc-a-mena-population.html" target="_blank">subcategory</a>&nbsp;under “white,” based on a 1944 court&nbsp;<a href="https://www.lwv.org/blog/representing-middle-eastern-and-north-african-citizens-census#:~:text=It%20would%20not%20be%20until%20a%20district,Walter%2DMcCarran%20Act%20nullified%20all%20previous%20Asian%2Dexclusion%20laws." target="_blank">ruling</a>&nbsp;intended to protect Arab immigrants from racist laws banning U.S. citizenship for nonwhite immigrants.Under&nbsp;<a href="https://www.federalregister.gov/documents/2024/03/29/2024-06469/revisions-to-ombs-statistical-policy-directive-no-15-standards-for-maintaining-collecting-and" target="_blank">new federal guidelines</a>&nbsp;approved in March, the bureau also will give people the option to check no race at all if they identify as Hispanic or Middle Eastern/North African.The Census Bureau already has decided to use more open-ended questions in both the 2027 American Community Survey and the nation’s 2030 census. But the agency is seeking&nbsp;<a href="https://www.federalregister.gov/documents/2024/11/18/2024-26827/the-census-bureaus-proposed-raceethnicity-code-list-for-the-american-community-survey-and-the-2030?utm_source=censusSDC&amp;utm_medium=twitter" target="_blank">public comment</a>&nbsp;on the way write-in responses will be categorized.The bureau wants to hear how people are likely to identify themselves, said Merarys Ríos-Vargas, chief of the bureau’s Ethnicity and Ancestry Branch, Population Division, in a&nbsp;<a href="https://www.census.gov/newsroom/press-releases/2024/webinar-race-ethnicity-coding-improvement.html" target="_blank">recent webinar</a>. The agency also is interested in whether there are missing or incorrect entries in its proposed list of possible responses.<h2>‘It’s about people’s lives’</h2>Nancy López, a University of New Mexico sociology professor, said she and other experts in Black Hispanic culture think the census should have a “visual race” or “street race” question, so people can communicate how others see them as well as how they identify themselves. The answer might be “Black” or a yet-unrecognized racial category such as “brown.”“A separate question on race as a visual status helps illuminate the kind of things we are interested in — discrimination in housing, discrimination in employment, discrimination in education and accessing health care in public spaces,” said López, who is the daughter of Dominican immigrants and a co-founder of the university’s Institute for the Study of “Race” &amp; Social Justice.“It’s about people’s lives, it’s about the future, it’s about children, it’s about access to opportunities and it’s about fairness,” she added, noting that even if the federal government doesn’t add such questions to surveys and the decennial census, state and universities can still do it on their own as they collect data for health care, student enrollment and other topics.The NALEO Educational Fund, an organization representing Latino elected and appointed officials, supports the decision to make a race choice optional for Hispanics.“Many Latinos did not see themselves in any of the categories for their racial identity,” said Rosalind Gold, NALEO’s chief public policy officer. “There’s a large number of Latinos who feel that identifying as Latino is both their racial and ethnic identity.”Gold said NALEO understands the concern some have that failing to require a race designation will obscure racial information on Black Hispanics. But her group argues that the census can get what it needs by educating the public on how to respond and by including prompts on the questionnaires to guide race choices.Black Hispanic people often see themselves as having a single racial and ethnic identity, according to several experts in Hispanic identity who spoke at a Census Bureau National Advisory Committee meeting Nov. 7.“They conceptualize themselves as belonging to one [group],” said Nicholas Vargas, an associate professor of ethnic studies at the University of California, Berkeley, speaking at the committee meeting.“They check ‘Black’ and they check ‘Dominican’ — and don’t want to be counted as two or more,” he said.In response, Rachel Marks, an adviser for the Census Bureau on race and ethnicity, said the bureau will consider that issue and other “feedback on how people want to be represented” before making a final decision on survey details.The bureau may recognize a term, Afro-Latino, that could be used to indicate both Black race and Hispanic ethnicity, according to a proposed code list from the agency, as well as “Blaxican” for Black Mexican and “Blasian“ for Black Asian.The Leadership Conference on Civil and Human Rights, a coalition of civil rights groups, called the more detailed questions&nbsp;<a href="https://www2.census.gov/about/partners/cac/nac/meetings/2024-11/public-comment-leadership-conference-civil-rights.pdf" target="_blank">“a step forward”</a>&nbsp;but also suggested more guidance on the forms to ensure people are categorized the way they want to be. In its comment on the changes, the group noted that in 2020, some people who wrote in “British” under the Black checkbox were categorized as partly white even if they didn’t mean that.The group&nbsp;<a href="https://civilrights.org/resource/leadership-conference-comments-on-timeline-for-updated-race-and-ethnicity-standards-implementation-on-the-acs/" target="_blank">also said</a>&nbsp;it is “concerned about a conflation of the concepts of race and ethnicity,” and it asked for more research to make sure people understand how to respond.<h2>State actions</h2>Some states are acting on their own to gather more detailed data about identity.New Jersey is among the latest states to&nbsp;<a href="https://www.nj.gov/governor/news/news/562024/20240112g.shtml" target="_blank">pass a law</a>&nbsp;requiring more detailed race and ethnic data collection for state records such as health data and school enrollment.A similar&nbsp;<a href="https://legislature.mi.gov/Bills/Bill?ObjectName=2024-HB-5447" target="_blank">bill</a>&nbsp;in Michigan would require state agencies that gather information to offer “multiracial” and “Middle Eastern or North African” as choices; the bill remains in committee.And advocates in Oregon, which already&nbsp;<a href="https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=315084" target="_blank">has a law</a>&nbsp;requiring detailed ethnic data collection, are&nbsp;<a href="https://www.oregonlive.com/education/2024/10/asian-american-students-advocates-call-for-the-state-to-collect-more-detailed-data-about-their-ethnicities.html" target="_blank">asking the state</a>&nbsp;for more details on Asian subgroups who face education challenges.A&nbsp;<a href="https://civilrights.org/edfund/resource/disaggregation-nation-a-landscape-review-of-state-race-ethnicity-data-collection/" target="_blank">December 2023 report</a>&nbsp;by The Leadership Conference Education Fund identified 13 other states with laws requiring more detailed state data on ethnic and racial groups, including laws passed last year in Hawaii, Illinois, Massachusetts and Nevada.The states of California, Connecticut, Minnesota, New Mexico, New York, Oklahoma, Oregon, Rhode Island and Washington already had such laws, the group found.<a href="https://stateline.org/" target="_blank">Stateline</a>&nbsp;is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions:&nbsp;<a href="mailto:info@stateline.org">info@stateline.org</a>. Follow Stateline on&nbsp;<a href="https://facebook.com/statelinenewsroom" target="_blank">Facebook</a>&nbsp;and&nbsp;<a href="https://x.com/stateline_news" target="_blank">X</a>.

The next census will gather more racial, ethnic information

Appeal stems from murder, wounding of Washburn football players

BY:&nbsp;<a href="https://kansasreflector.com/author/tim-carpenter/">TIM CARPENTER</a> <a href="https://kansasreflector.com/">Kansas Reflector</a>

TOPEKA — The Kansas Supreme Court clarified the timeframe for formulating premeditation while weighing the appeal of a Shawnee County man sentenced to life in prison plus nearly 500 years for murdering a Washburn University football player and wounding a future NFL player.

Justices of the state’s highest court assessed Francisco “Frankie” Alejandro Mendez’ nine claims of trial error after a jury in 2022 found him guilty of premeditated first-degree murder, four counts of attempted first-degree premediated murder and seven counts of aggravated robbery.

He was prosecuted for his part in a three-day crime spree in 2019 that culminated in the death of WU player Dwane Simmons and wounding of teammate Corey Ballentine. They were shot after attending a party celebrating Ballentine’s selection in the NFL draft.

Justice Caleb Stegall wrote the opinion reversing three of Mendez’ convictions for aggravated robbery due to lack of evidence. Otherwise, the Supreme Court affirmed all other convictions.

The justices agreed Mendez received a fair trial despite finding a Shawnee County District Court’s instruction to the jury on aiding and abetting was “legally inappropriate” and that a Shawnee County prosecutor improperly told the jury premeditation could be formed in a single second.

“Though it is prosecutorial error for the state to assert premeditation can be formed in one second, it is not error for the prosecutor to state that premeditation can be formed in five seconds. Five seconds can be enough time for an internal second-thought or hesitation to arise,” the opinion said.

Survivors of the shooting outside a Topeka residence testified Mendez and other occupants of a stolen car drove up to the five Washburn football players engaged in conversation near the street. The players had just left the house party celebrating Ballentine’s draft into the NFL.

People in the vehicle with Mendez asked the players if they had marijuana and to identify themselves. The players said they didn’t have pot and told occupants of the car not to worry about their names.

“The car then began to drive away and the football players resumed their conversation,” Stegall’s opinion said. “Moments later, the car screeched to a halt and the men in the car began shooting at the football players.”

Ballentine was wounded in the pelvic bone while running away, while Ross was fatally shot in the head with a bullet from a revolver. That Colt Trooper .38-caliber weapon, which Mendez had claimed ownership of during a traffic stop prior to the murder, was recovered by police one year after Mendez’ crime spree when a Topeka firearms dealer killed himself by accidentally discharging the gun.

At the scene of the attack on the football players, law enforcement officers collected 18 shell casings from three different semiautomatic guns.

“The victims did not provoke the shooters,” Stegall wrote. “As the state argues, refusing to tell a car full of strangers your name after they pull up at 1 a.m. and ask for weed is not provocation to be shot.”

Stegall’s opinion said sufficient evidence of premeditation existed because it took 10 seconds to 15 seconds for Mendez to drive away, stop the car and begin shooting.

The opinion did fault a Shawnee County prosecutor for claiming premeditation could be equated to an idea that existed for no more than one second.

“To have thought the matter over beforehand and then acted on it, that’s what premeditation is,” the prosecutor told jurors. “It can be a second. It could be five seconds. It could be two weeks of premeditation.”

The Supreme Court said Kansas justices had repeatedly warned prosecutors about making comments analogous to stating premeditation could occur in the same instant as the act resulting in a death.

Stegall, appointed by Republican Gov. Sam Brownback in 2014, pulled out the court’s cookie analogy to demonstrate how five seconds — rather than a single second — was enough time to form premeditation in a person’s mind. Premeditation can develop in the time required to observe a cookie, reach for it and hesitate while pondering if the cookie should be eaten before dinner, the opinion said.

<figure>
 <img src="https://media.eaglewebservices.com/public/2019/10/1570915422888.png" alt="Dwane Simmons photo courtesy Washburn Athletics" />
 <figcaption>Dwane Simmons photo courtesy Washburn Athletics</figcaption>
 </figure><h2>Appeal stems from murder, wounding of Washburn football players</h2>BY:&nbsp;<a href="https://kansasreflector.com/author/tim-carpenter/">TIM CARPENTER</a> <a href="https://kansasreflector.com/">Kansas Reflector</a>TOPEKA — The Kansas Supreme Court clarified the timeframe for formulating premeditation while weighing the appeal of a Shawnee County man sentenced to life in prison plus nearly 500 years for murdering a Washburn University football player and wounding a future NFL player.Justices of the state’s highest court assessed Francisco “Frankie” Alejandro Mendez’ nine claims of trial error after a jury in 2022 found him guilty of premeditated first-degree murder, four counts of attempted first-degree premediated murder and seven counts of aggravated robbery.<figure>
 <img src="https://media.eaglewebservices.com/public/2019/9/1569579773491.png" alt="Mendez photo Shawnee Co." />
 <figcaption>Mendez photo Shawnee Co.</figcaption>
 </figure>He was prosecuted for his part in a three-day crime spree in 2019 that culminated in the death of WU player Dwane Simmons and wounding of teammate Corey Ballentine. They were shot after attending a party celebrating Ballentine’s selection in the NFL draft.Justice Caleb Stegall wrote the opinion reversing three of Mendez’ convictions for aggravated robbery due to lack of evidence. Otherwise, the Supreme Court affirmed all other convictions.The justices agreed Mendez received a fair trial despite finding a Shawnee County District Court’s instruction to the jury on aiding and abetting was “legally inappropriate” and that a Shawnee County prosecutor improperly told the jury premeditation could be formed in a single second.“Though it is prosecutorial error for the state to assert premeditation can be formed in one second, it is not error for the prosecutor to state that premeditation can be formed in five seconds. Five seconds can be enough time for an internal second-thought or hesitation to arise,” the opinion said.Survivors of the shooting outside a Topeka residence testified Mendez and other occupants of a stolen car drove up to the five Washburn football players engaged in conversation near the street. The players had just left the house party celebrating Ballentine’s draft into the NFL.People in the vehicle with Mendez asked the players if they had marijuana and to identify themselves. The players said they didn’t have pot and told occupants of the car not to worry about their names.“The car then began to drive away and the football players resumed their conversation,” Stegall’s opinion said. “Moments later, the car screeched to a halt and the men in the car began shooting at the football players.”Ballentine was wounded in the pelvic bone while running away, while Ross was fatally shot in the head with a bullet from a revolver. That Colt Trooper .38-caliber weapon, which Mendez had claimed ownership of during a traffic stop prior to the murder, was recovered by police one year after Mendez’ crime spree when a Topeka firearms dealer killed himself by accidentally discharging the gun.At the scene of the attack on the football players, law enforcement officers collected 18 shell casings from three different semiautomatic guns.“The victims did not provoke the shooters,” Stegall wrote. “As the state argues, refusing to tell a car full of strangers your name after they pull up at 1 a.m. and ask for weed is not provocation to be shot.”Stegall’s opinion said sufficient evidence of premeditation existed because it took 10 seconds to 15 seconds for Mendez to drive away, stop the car and begin shooting.The opinion did fault a Shawnee County prosecutor for claiming premeditation could be equated to an idea that existed for no more than one second.“To have thought the matter over beforehand and then acted on it, that’s what premeditation is,” the prosecutor told jurors. “It can be a second. It could be five seconds. It could be two weeks of premeditation.”The Supreme Court said Kansas justices had repeatedly warned prosecutors about making comments analogous to stating premeditation could occur in the same instant as the act resulting in a death.Stegall, appointed by Republican Gov. Sam Brownback in 2014, pulled out the court’s cookie analogy to demonstrate how five seconds — rather than a single second — was enough time to form premeditation in a person’s mind. Premeditation can develop in the time required to observe a cookie, reach for it and hesitate while pondering if the cookie should be eaten before dinner, the opinion said.“The temporal space required to complete that process may be very short — a mere hesitation, perhaps, as my hand hovers over the cookie and I complete the internal double-check,” the opinion says. “While the temporal space required to complete the internal double-check cannot happen in one second or instantly, it may very well occur within five seconds.”Two nights after the attack of Washburn football players, five people were hanging out in Topeka’s Central Park. Mendez and several other people approached the group and, without provocation, pulled guns and took wallets from two individuals. One shot was fired through the car window of a woman who refused to surrender her telephone to a person thought to be Mendez.The Supreme Court agreed with Mendez on appeal there was insufficient evidence property was taken from several victims. That led to reversal of three convictions for aggravated robbery.Justice Evelyn Wilson, appointed in 2019 by Democratic Gov. Laura Kelly, signed a concurring opinion. She agreed with the majority’s analysis and holdings except to reiterate disagreement with the way the Supreme Court handled jury instruction errors.