Month: January 2020

Police notes

Windows of business shot out on Central Avenue

A criminal discharge and criminal damage case was reported at 10:25 a.m. Jan. 27 in the 700 block of Central Avenue, according to a social media post by the Kansas City, Kansas, Police Department.

The victim stated an unknown suspect shot out the windows of the business, police reported.

Aggravated burglary, domestic battery reported


Officers responded to a call at 7:37 p.m. Jan. 27 and found the front door broken in and the victim screaming inside, according to a social media post by the Kansas City, Kansas, Police Department.

Officers found the victim and suspect inside the house. The victim stated the suspect broke in and began damaging property, according to the report.

Then the suspect attacked the victim, threw the victim to the ground and grabbed the victim’s neck, according to police. The suspect was taken into custody, police stated.

Theft reported at Village West business


Suspects entered a business in the 1800 block of Village West Parkway about 4:52 p.m. Jan. 27 and took property without paying for the items, according to a social media report by the Kansas City, Kansas, Police Department.

Chase reported on Metropolitan Avenue


A chase was reported at 5:34 p.m. Jan. 27 in the 1000 block of Metropolitan Avenue, according to a social media post by the Kansas City, Kansas, Police Department.

Officers tried to stop a vehicle for speeding, but the vehicle failed to stop and a pursuit was started, according to the report. The pursuit went a short distance and then was terminated. The suspect was not apprehended, police stated.

Snow in forecast tonight

Less than a half-inch of snow is in the Wyandotte County forecast for late Tuesday through Wednesday morning. (National Weather Service graphic)

A slight chance of patchy freezing drizzle is possible across the area Tuesday morning, as surface temperatures linger near freezing, according to the National Weather Service. Snow is in the Tuesday night forecast.

Slick spots on roadways and on elevated surfaces may be possible until the mid-morning hours Tuesday, the weather service said. Freezing fog is also possible in some areas. Motorists should use caution while driving during the morning commute.

The weather service said flurries are possible Tuesday morning in some areas, while accumulating snow is in the forecast for Tuesday evening through Wednesday morning.

Wyandotte County has a 70 percent chance of snow showers likely after midnight tonight, according to the weather service, with less than a half-inch of snow likely.

Roadways could become slick during the Tuesday evening through Wednesday morning commutes, the weather service said.

Wyandotte County is not in the winter weather advisory area for Tuesday night through Wednesday morning. The advisory area is to the south and east of the Kansas City area.

Today, there is a slight chance of freezing drizzle in the morning, the weather service said. The high will be near 34 with a northeast wind of around 6 mph.

Tonight, there is a 70 percent chance of snow showers, mainly after midnight, according to the weather service. The low will be around 28 with a northeast wind of 6 mph becoming calm in the evening. Less than a half-inch of snow is in the forecast.

Wednesday, it will be mostly cloudy, with a high near 35, and a light north wind, the weather service said.

Wednesday night, it will be mostly cloudy, with a low of 25 and a calm wind, according to the weather service.

Thursday, it will be mostly cloudy, with a high near 37 and a calm wind, the weather service said.

Thursday night, it will be cloudy, with a low of 28, according to the weather service.

Friday, it will be mostly cloudy, with a high near 42, the weather service said.

Friday night, it will be mostly cloudy, with a low of 30, according to the weather service.

Saturday, it will be mostly sunny, with a high near 47, the weather service said.

Saturday night, it will be mostly clear, with a low of 36, according to the weather service.

Sunday, it will be sunny, with a high near 58, the weather service said.

Sunday night, it will be mostly clear, with a low of 42, according to the weather service.

Monday, it will be mostly sunny, with a high near 55, the weather service said.

Kansas Supreme Court to hear appeal of KCK murder conviction

The Kansas Supreme Court is scheduled to hear an appeal on Jan. 28 in Topeka of a man who was convicted of killing Louis Scherzer in an alley behind a bar in 2016 in Kansas City, Kansas.

Efrain Gonzalez Jr. is appealing his conviction. He has been sentenced to a hard-25 life sentence followed by 64 months in prison.

Filiberto Espinoza, a passenger in Gonzalez’ car, shot Scherzer. The state’s theory was Gonzalez and Espinoza intended to rob him.

While Espinoza pleaded guilty to killing Scherzer, Gonzalez went to trial. The trial court denied Gonzalez’ request to call Espinoza as a witness.

In his appeal, Gonzalez questions whether there was sufficient evidence to convict Gonzalez of felony murder because his appeal states there was insufficient evidence of attempted aggravated robbery; whether there was sufficient evidence to convict Gonzalez of conspiracy to commit aggravated robbery; whether the charges against Gonzalez were multiplicitous; whether the district court erred in denying Gonzalez’ Batson challenge to the state’s peremptory strike of Hispanic venire persons; whether the district court erred in denying the defense counsel’s attempt to have the shooter testify after having pleaded guilty and thereby having waived his right to be free from self incrimination; whether the district court erred in instruction on aiding and abetting; and whether cumulative error denied Gonzalez a fair trial.

Espinoza also has appealed, filing a motion for departure of the mandatory hard-25 life sentence.

His case is on the Supreme Court’s summary calendar, and there will be no oral arguments.

Espinoza pleaded guilty in 2017 to first-degree murder, and the state dismissed additional charges.

When Espinoza filed for departure of the mandatory hard-25 life sentence, the district court stated it had no discretion regarding imposition of the sentence.

The district court did not make any findings about the constitutionality of the hard-25 life sentence and imposed that sentence.

Espinoza’s appeal asks whether the district court erred by holding it could not reduce a mandatory hard-25 life sentence even if that sentence violated the state constitution, and whether Espinoza preserved his constitutional challenge for appeal.

The Kansas Supreme Court is scheduled to hear another appeal from Wyandotte County during oral arguments on Jan. 31.

Willie E. Parker is appealing his conviction of first-degree murder.

Parker shot and killed his boss, Michel Ziade, in 2015 after they were involved in a fight.

Parker was arrested after a six-hour standoff with police.

He moved to suppress his statements arguing his waiver was not made knowingly and voluntarily. The district court also later denied his request for an instruction on voluntary manslaughter.

A jury convicted Parker of first-degree murder, and he was sentenced to a hard-50 life sentence.

His appeal asks whether the district court erred in refusing to suppress Parker’s interrogation because, Parker’s attorney states, the officer did not make sure he understood the Miranda warning; and whether the court erred in not instructing on voluntary manslaughter because there was evidence of a mutual, physical fight immediately before the victim’s death.