KHP sends Suellentrop case file to Shawnee Co. DA
TOPEKA, Kan. (WIBW) - The Kansas Highway Patrol has officially sent its case file on the arrest of Sen. Gene Suellentrop to the Shawnee County District Attorney.
The Kansas Highway Patrol says the case file involving Sen. Gene Suellentrop was sent over to Shawnee County District Attorney Mike Kagay’s Office for further review on Friday morning.
March 25, 4:35 p.m.
KHP does not have publicly available report for Gene Suellentrop’s arrest
The Kansas Highway Patrol does not have records publicly available for the arrest of Senate Majority Leader Gene Suellentrop.
In response to an open records request from 13 NEWS, KHP General Counsel Luther Ganieany said the type of incident did not warrant a Kansas Standard Offense Report (KSOR). He said, according to the Kansas Incident-Based Reporting System, all criminal offenses are classified as Group A or Group B offenses, with only Group A requiring a KSOR. Ganieany said the offenses involved in the case of Suellentrop are considered to be Group B offenses, and, therefore, no KSOR is required, nor was on prepared.
Group A offenses includes crimes, such as arson, assault, homicide, drugs, sex offenses, robbery, bribery, fraud, and gambling. Group B offenses include driving under the influence, disorderly conduct, trespassing, and bad checks.
Ganieany also said the arrest report and officer narratives are exempt from disclosure requirements under the Kansas Open Records Act. He said KSA 22-2032(c) gives a procedure for anyone to be able to request copies of affidavits or other sworn testimonies by filing a request with the clerk of the court. The process applies when and if charges are filed.
Ganieany had initially told 13 NEWS that a public portion of the arrest report would be available “on or before” March 26.
A KHP official told 13 NEWS the agency expects to forward its reports to the Shawnee County District Attorney’s Office by the end of day Friday, March 26. DA Mike Kagay will then review the reports and determine whether any charges will be filed.
Suellentrop, a Republican from Wichita, was arrested in the early morning hours of March 16 on suspicion of driving under the influence and attempting to flee from law enforcement. Callers to 911 reported seeing him driving the wrong way on a Topeka highway, starting at I-470 near Burlingame Rd., and making it around the city onto I-70, before a KHP trooper got him stopped off 8th St. downtown.
The next day, a Shawnee Co. District Court judge ordered Suellentrop released because the arrest report lacked pertinent information required to hold him.
Suellentrop issued a written statement saying he was stepping aside from most of his leadership office’s duties until matters involving his arrest are resolved.
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