Appeals Court Upholds Diversion Revocation In Menninger Vandalism


TOPEKA, Kan. (WIBW) - The Kansas Court of Appeals has revoked a diversion agreement for a man convicted of vandalizing the Menninger clock tower building in 2006.

Mathew Evertson was ordered to pay $10,000 restitution as part of the deal. A Shawnee Co. District Court judge first gave Evertson time to catch up on payments, then revoked the diversion in 2011 when Evertson stopped paying.

He appealed, stating Shawnee County violated due process by not considering his ability to pay. In its ruling June 27, the Appeals Court denied the argument and affirmed the lower court's sentence. The District Court judge had handed Evertson an eight-month suspended jail term and placed him on 12 months probation, plus imposed a concurrent six-month jail sentence for a criminal trespass charge.

The judge also ordered Evertson to pay almost $9500 remaining on the restitution amount.

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