Appeals court sends back Wyandotte County case for resentencing

The Kansas Court of Appeals today sent back a Wyandotte County case for resentencing.

In the case, Leroy Briggs appealed his conviction and sentence for aggravated battery. The court stated that the conviction was affirmed, and the sentence was vacated.

Briggs claimed there was an error in denying his presentencing motion to withdraw his guilty plea and an error in classifying his 1982 juvenile burglary as a personal felony for criminal history purposes.

The case stemmed from an incident on I-70 near 3rd Street in Kansas City, Kan.

According to court records, Briggs was identified as the driver of a vehicle that hit another car from behind, then later hit the same vehicle again, before leaving the scene of the crash. .Briggs’ vehicle had been reported stolen. The other driver had head, spine, pelvis and foot injuries.

In a plea agreement, Briggs pleaded guilty to aggravated battery, while charges involving leaving the scene of an accident, criminal damage to property and felony theft were dropped.

Briggs’ later motion to withdraw his plea was denied. After the district court sentenced him to 162 months in prison, 36 months postrelease supervision and restitution, he appealed.

The court today ruled that Briggs’ 1982 burglary adjudication should have been classified as a nonperson felony.

While Johnson County has more binge drinking, Wyandotte County has bigger challenge

by Alex Smith, Heartland Health Monitor

Editor’s note: A male in Wyandotte County can expect to live about seven fewer years than a male in Johnson County. A female in Wyandotte County can expect to live nearly six fewer years than her Johnson County counterpart. About 21 percent of Wyandotte County residents consider themselves to be in poor or fair health; fewer than one in 12 in Johnson County do so.

Those are just a few of the many health disparities that sometimes make the side-by-side Kansas counties seem like different countries.
This week’s “Crossing To Health” series explores that health divide and examines attempts to narrow the gap. Today’s story looks at alcohol abuse in the two counties.

When Kelli was growing up in Olathe in the 1970s, it was a quiet, clean community boasting single-family homes and good schools. And with state laws prohibiting alcohol sales on Sundays — in stores and by the glass — outsiders could have been forgiven if they found life there to be pretty straight-laced.

“You just never know what goes on behind closed doors,” says Kelli, who asked that her last name not be used.

Behind the bucolic suburban façade, the picture was different for Kelli. She describes her father as a highly successful CEO — and a high-functioning alcoholic. When she became an adult, Kelli tried to avoid falling into the same trap.

“I wasn’t going to be like that,” she said. “I was a full-time mom and worked and a community volunteer.”

But a daily drinking habit began to take its toll. Before she knew it, her alcohol use had spiraled out of control.

“I did that over a period of time and would wake up the next day and could only go so long physically without putting that into my body to get some kind of relief,” she said.

Johnson County’s high income and education levels typically are associated with health-promoting activities like exercise, preventive care and nutritious diets. But alcohol abuse is another aspect of life in the county that’s often tucked away from view.

In fact, alcohol abuse is more pervasive in Johnson County than in less affluent, less educated Wyandotte County next door, statistics show.

Yet, in many ways, the burden of alcohol abuse still weighs heaviest on Wyandotte County.

Two faces of alcohol abuse

Visit Overland Park on a typical weekend night, and you’ll see a restaurant and bar scene that has blossomed since the easing of the state’s alcohol laws some years ago.

Something else has blossomed as well: The number of people reporting excessive drinking has jumped to 18 percent, or nearly one in five.

Kelli and her husband Ed are in recovery after years of alcohol abuse, and they now work to help other Johnson County residents stay clean and sober.

“It’s a much more pervasive problem in our society than we’re willing to admit,” Ed said.

The percentage of people who binge drink or drink heavily in Johnson County is about 20 percent higher than in Wyandotte County. Johnson County also has a much higher percentage of traffic fatalities related to alcohol.

The pervasiveness of alcohol abuse in Johnson County came as a shock to Yolanda McKinney, who moved there from Wyandotte County with her husband, Carl, after their own years of alcohol and substance abuse.

“Moving out here, I was like, ‘Wow, there’s a liquor store on every strip mall,’” she said.

The McKinneys also have been clean for years but are still surprised by what they see as the more relaxed attitudes toward alcohol in their wealthier community.

“Oh, he’s just a good old boy versus he’s a no-good old boy,” Carl said. “Having the same issues, the same issues, but a different stigma attached.”

While statistics show residents of lower-income areas drink less — as well as less often — than their more affluent counterparts, research also shows that the lower a person’s income, the more likely it is that his or her alcohol use disorder is more severe. Alcohol abusers with lower incomes also suffer higher rates of liver disease and alcohol-related cancer.

That’s because higher-income abusers more often have the kinds of jobs, income and social support that act as safety nets and prevent alcohol disorders from getting worse.

“If one is already resource-poor, alcohol abuse can be much more severe because you’re already starting from a disparate position,” said Paul Moberg, a researcher at the University of Wisconsin’s Population Health Institute.

Yolanda and Carl McKinney endured a host of health, legal and financial problems — and even homelessness — on their way to sobriety. But Carl said their troubles didn’t end then. There was always the fear of a relapse.

“Even when you want to get your life together, there’s going to be obstacles that are going to come up that are going to prevent you from doing that,” Carl said.

Economic stability, lack of education and treatment cessation are all risk factors for relapse into alcohol use. Those factors make Wyandotte County a difficult place to start over.

Path to recovery

For many looking to get clean in Wyandotte County, their first stop is Rainbow Services Inc. in Kansas City, Kan. A partnership of nonprofits and state agencies, the facility opened about a year and a half ago to provide stabilization services and a connection to treatment for people in crisis.

People with serious drug, alcohol or mental health issues are brought here for short stays by the police, friends or family members. Some patients check themselves in.

Executive Director Sharon Sayer said that alcohol-related cases have become more severe since Rainbow Services Inc. opened its doors.

“What we’re seeing now, we’re seeing some individuals that probably are appropriate to be in a state hospital,” she said.

But there are fewer services available now to treat severe alcohol use disorder than there were 10 years ago in both counties. Many hospitals have reduced their psychiatric and substance abuse services. And providers say the state’s spending on psychiatric and recovery services has not kept up with demand.

That means the conditions of many addicted people have only gotten worse, according to Jason Hess, executive director of the Heartland Regional Alcohol and Drug Assessment Center, which connects people throughout the state to treatment.

“We have fewer residential beds today than we’ve ever had,” he said. “But the number of people that are clinical needing those beds continues to rise.”

Hess says there’s about an eight-week wait to get intensive treatment, and case workers have to scramble to negotiate for the best treatment they can get for patients.

“It’s not unusual for somebody to be on the phone for an hour, hour and a half, just calling resources to see what’s available and sitting with the client saying, ‘OK, I’ve got program X over here. This is what they can offer. Are you willing to go do it?’” Hess said.

To prevent acute cases from getting worse, Hess and others are working to create an involuntary treatment facility.

For now, though, many case workers are stuck just waiting to find treatment for their clients. If they can keep them stable before the next crisis hits, it’s a small victory.

— This article was produced as a project for the Dennis A. Hunt Fund for Health Journalism and the National Health Journalism Fellowship, programs of USC Annenberg’s Center for Health Journalism.

The nonprofit KHI News Service is an editorially independent initiative of the Kansas Health Institute and a partner in the Heartland Health Monitor reporting collaboration. All stories and photos may be republished at no cost with proper attribution and a link back to KHI.org when a story is reposted online.

– See more at http://www.khi.org/news/article/while-johnson-county-has-more-binge-drinking-wyandotte-county-has-the-bigge#sthash.94lrJgbh.dpuf

Sumner Academy orchestra raising funds to attend festival

Window on the West

by Mary Rupert

In the past few years, the Sumner Academy Symphonic Orchestra took top honors in Heritage Music Festivals and was invited to the prestigious WorldStrides Heritage Performance Festival of Gold competition.

Only a select few outstanding groups were invited to the competition. The Sumner Academy orchestra turned down the opportunity to attend the Festival of Gold for a few years, but this year, accepted it.

The challenge now for the orchestra is to raise funds for the 40 student members to attend the Festival of Gold competition in Nashville, Tenn.

Michelle Sweeten, orchestra director at Sumner Academy, said students have been holding fundraisers all year, selling products to raise funds and accepting donations. However, with a cost of $810 per student for the March 31-April 4 trip, there is still a lot of money that has to be raised, she said. Only four students have been able to pay for their trip in full, so far. The group is trying to raise the funds by the first week of February, she added.

The Sumner Academy orchestra performs classical contemporary music at the festival, at a difficult level, she said.

“The group plays with a lot of passion and emotion,” she said.

Sweeten said at the Heritage Festival last year, the Sumner Academy orchestra won the top prize, playing a Richard Meyer piece, “Of Glorious Plumage,” and a Brahms serenade. Sumner Academy received a gold first place award, and the outstanding orchestra award, as well as an award for the school with the top score at the entire event, including the choir as well as orchestra.

At the Festival of Gold, the students will get to work with a renowned clinician, and will work with a choir, she said. The students will get to perform in a Nashville symphony hall, she added.

Sweeten said going to the Festival of Gold would help students continue building their technique, skill level and musicality, especially when they work with the clinician on their music. The students will learn different skills from the conductor and clinician, and will be able to apply it to their music, she said.

While in Nashville, the students also are scheduled to visit a college.

“It builds them educationally, academically and musically,” she said about the orchestra trip.

Some of the Sumner Academy orchestra students in the past have gone on to careers in music, including music education and music therapy, she said.

The orchestra is reaching out to the community to ask for donations for the trip. Recently, the Kansas City, Kan., West Kiwanis Club contributed $500 toward the effort, she said.

Those who would like to participate in the fundraiser or to make a tax-deductible donation to the Festival of Gold trip may contact Sumner Academy at 913-627-7238 or send a check to “Sumner Academy” with a memo that it is for the orchestra’s Nashville trip, to Sumner Academy, 1610 N. 8th St., Kansas City, Kan. 66101.

To reach Mary Rupert, editor, email [email protected].