Supreme Court affirms gang murder conviction from Wyandotte County

The Kansas Supreme Court today affirmed the conviction of Patricio Briseno in connection with a gang-related drive-by shooting in Kansas City, Kan.

Briseno was convicted on one count of first-degree premeditated murder and three counts of attempted first-degree premeditated murder. He was sentenced to a hard-25 life sentence and three consecutive sentences of 155 months.

According to court documents, four teens were gathered in front of a house around 3:10 p.m. on a February day in 2009 when a black SUV drove by, firing bullets. The scene was near Pearson Elementary School in Kansas City, Kan. One of the teens was killed, and another was injured.

Court records stated that police were told that the teens in front of the house were members of the F-13 gang, while Briseno was a member of a rival gang, SPV.

Briseno argued, in his appeal, that the district court erred by admitting evidence he is a gang member without a limiting instruction and instructing the jury to consider the eyewitnesses’ degree of certainty. He also alleged the errors constituted cumulative error that deprived him of a fair trial.

A unanimous court rejected all of Briseno’s arguments and affirmed his convictions and sentence. The Supreme Court held the district court did not err by failing to give an unrequested limiting instruction regarding the gang evidence.

The Supreme Court held the district court erred by instructing the jury to consider the eyewitness’ degree of certainty, but it concluded the error was harmless in light of other procedural safeguards and the entire record of the case.

And finally, the Supreme Court held that one harmless instructional error is insufficient to constitute cumulative error.
The Supreme Court opinion is online at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140613/107351.pdf.

Community calendar

The Wyandotte Daily News is interested in news of your community event in Wyandotte County. Send information to [email protected] and include your name and phone number.

Sign up for library’s reading program
The Kansas City, Kan., Public Library’s summer reading program has started signing up readers. The program runs from June 1 to July 31. Participate at any of the five library branches. After signing up, participants may start logging books on June 1. For more information, visit the website at www.kckpl.org.

Addictions support group to meet

“All Addictions Group,” a free support group for women dealing with any kind of addiction, at any stage of recovery, meets from 6 to 7 p.m. on Tuesday evenings at Keeler Women’s Center, 2220 Central Ave., Kansas City, Kan. Call 913-906-8990 or register online at www.keelerwomenscenter.org.


Rosedale group to meet

The Rosedale Development Association will meet from 6 to 7 p.m. Thursday, June 12, at 1401 Southwest Blvd. The guest speaker will be David Allen, energy specialist at the Board of Public Utilities, who will talk about ways to save energy and money. Reservations are requested. For information, call 913-677-5097.

Downtown Lions Club plans annual garage sale
The KCK Downtown Lions Club will hold its Annual Garage Sale on June 13 and 14 on the campus of the Kansas State School for the Blind at 11th and State. The hours for the sale are 8 a.m. to 6 p.m. Friday, June 13, and 8 a.m. to 2 p.m. Saturday, June 14. Proceeds from the sale go to fund projects of the club that include eye exams and eyeglasses for those in need, scholarships for graduating seniors, support of local social service programs, and special needs of blind and disabled students. In addition, KCK Downtown LIons have ongoing projects that support reading and homeless students in the area. KCK Downtown Lions Club is part of Lions International, the largest service organization in the world.

Juneteenth celebration to be June 13-14 at Big Eleven Lake

A Juneteenth celebration will be June 13-14 at Big Eleven Lake, 11th and State. the ninth annual parade and celebration includes live music, a barbecue competition, Friday night prayer vigil, car show, vendors, praise dancers, a cancer walk, greens competition and more. The parade starts around 10 a.m. Saturday at 18th and Quindaro. For details call 913-963-1118.

Leavenworth Road Association kids’ fishing derby to be June 14

The Leavenworth Road Association kids’ fishing derby is planned from 8 to 10 a.m. June 14 at Wyandotte County Lake, 91st and Leavenworth Road. Registration begins at 7 a.m. Events are at the kids’ pond at the lake. Prizes and trophies will be awarded at 10:30 a.m. Prizes include two bicycles, passes to Schlitterbahn, tabletop grills, lawn chairs and gift cards. The event is free for all Wyandotte County youth ages 3-15. For more information, visit https://www.facebook.com/pages/LRA/236528312965 or call 913-788-3988.

Father’s Day run June 14 benefits three charities
The Kevin Gray Father’s Day 5k run-walk on Saturday, June 14, at Sporting Park in Kansas City, Kan., was created to honor the former KC Sports Commission president and father of four daughters, Kevin Gray. Gray died on June 15, 2011, from a rare form of cancer. The run-walk started in 2012. This run has three beneficiaries, the University of Kansas Cancer Center, the Kevin Gray Family Education Fund, and the Greater Kansas City Sports Commission and Foundation. Online registration is open until June 11. Registration will still be accepted on Friday, June 13, at packet pickup and on race day. The run starts at 8 a.m. on Saturday, June 14 at Sporting Park. To register go to SportKC.org.

Housing Authority to meet June 14

The Kansas City, Kan., Housing Authority will meet from 9:30 a.m. to 1 p.m. Saturday, June 14, at 1124 N. 9th St., Kansas City, Kan. Commissioner training, budget review and strategic planning are on the agenda.

Colyer to speak at health care summit June 14

A Health Care Solutions Summit is planned from 11 a.m. to 4:30 p.m. Saturday, June 14, at Painted Hills Golf Club, 7101 Parallel Parkway, Kansas City, Kan. Sponsored by Leavenworth and Wyandotte County Republican groups, the guest speaker for the luncheon will be Dr. Jeff Colyer, Kansas lieutenant governor. A panel will discuss health care issues. A buffet luncheon will be served at 11:30 a.m. and the program is scheduled from 1 to 3 p.m. The cost of the full program with lunch is $25. The requested donation without lunch is $2.

Summer concert to be June 14 at Legends

Dave and Buster’s Summer Concert Series will begin at 9 p.m. Saturday, June 14, on the rooftop patio at The Legends Outlets. The Insanitones will perform June 14. Different bands will play on Saturdays through September, excluding July 5.

Free summer movies offered

The Legends 14 Theatres will present “Charlotte’s Web” rated G and “Ice Age: Continental Drift” rated PG as free movies at 10 a.m. June 17, 18 and 19. Admission is free. All ages and groups are welcome. Doors open at 9 a.m. Seating is limited to availability. The current feature films are not included in the free admission, and the schedule is subject to change.

Meeting scheduled on foster care
KVC-Kansas-1211 N. 8th St., will sponsor a time of sharing with foster and adoptive parents, and other child welfare professionals. Those interested may learn about foster care, and other ways to help children in the area. The meeting is at 6 p.m. Tuesday, June 17. For more information, contact Erica at [email protected] or 913-890-2207.

UG Commission to meet June 19
The Unified Government Commission is scheduled to meet at 7 p.m. June 19 at City Hall, lobby level, 701 N. 7th, Kansas City, Kan. An agenda may be posted at www.wycokck.org.

CHWC fundraiser planned June 28

CHWC will hold a fundraiser for community redevelopment at 5 p.m. June 28 at Sporting Park, Kansas City, Kan. At the event, the “Continue the Legacy” award will be presented to Craig and Karen Gaffney in honor of their dedication to Community Housing of Wyandotte County, and the Gaffneys’ philanthropic work in the community. The fundraiser begins at 5 p.m. June 28 with cocktails. Dinner, dancing, an auction and field activities will follow. Last year, the event raised nearly $100,000 for the organization. Individual tickets are $75, and table sponsorships start at $1,000. To register for the event, visit www.chwckck.org and click on the event button.

Mental Health First Aid Day planned

Kansas City’s first Mental Health First Aid Day is planned for Thursday, July 10. Six sites throughout metropolitan Kansas City, including one in Kansas City, Kan., are participating in the event. It is sponsored by the Metropolitan Council of Community Mental Health Centers. The goal of the event is to teach mental health first aid and youth mental health first aid courses at no cost to more than 250 people. It would be the largest number of people to train at one time in the metropolitan area. In Kansas City, Kan., a class will be held from 8 a.m. to 5 p.m. July 10 at the Kansas City, Kan., Public School Central Office, 2010 N. 59th St., Kansas City, Kan. Participants will learn what to do if an adult or child is experiencing a mental health crisis. The course teaches about the signs and symptoms of mental illness, gives confidence to reach out to people in need, and skills to respond to a mental health crisis. Participants will receive a manual and certificate upon successful completion of the course, and information about accessing local services. A continental breakfast and lunch will be provided. Those who are interested in attending the course may contact Beth Yoder Stein at [email protected] or Mark Wiebe at [email protected].

Night Charity Golf Tournament planned
A Night Charity Golf Tournament is planned on Friday, July 18, at Painted Hills Golf Course, 7101 Parallel Parkway, Kansas City, Kan. The event is sponsored by Greater Kansas City Civitan International and Civitan Club Dotte. It will benefit local charities. The cost of the event is $125 per person, which includes supplies, green fees, cart, dinner, awards reception, trophies and prizes. After June 18, registration fee is $150. Sponsorships are available. It is a four-person singles paired or scramble. Registration is at 5 p.m., followed by a shotgun start at 6 p.m. The Night Golf has a shotgun start at 8:30 p.m. For more information, call 913-208-3533 or email [email protected].

Museum plans lock-in
An all-night lock-in is planned from 7 p.m. July 18 to 8 a.m. July 19 at the Wyandotte County Historical Museum, 126th and State. The event on July 18 is for girls ages 8 to 12. A safe night at the museum, tour, hands-on projects, evening snacks and a movie are planned. Boys will have a similar event on July 25. The cost is $25 per child. One adult must attend. Reservations are required. For information, call 913-573-5002.

Program offered on cropping systems

K-State Research and Extension is offering a workshop on “Low-till/No-till Cropping Systems” on July 21 in Kansas City, Mo. For more information, visit http://www.growinggrowers.org.

African-American Art Festival planned Aug. 9

The MoKan African-American Art Festival will be held from 9 a.m. to 7 p.m. Saturday, Aug. 9, at Quindaro Park, 35th and Sewell, Kansas City, Kan. Those attending the free event may bring a blanket, enjoy artwork, stilt walkers Gullah basket weathers, African drummers and dancers, food and vendors. For more information about having an art exhibit there or being a vendor, contact 913-788-7330.

Opinion: Vacant UG Commission seat should be filled

Window on the West

by Mary Rupert

It was more than a year ago that I was writing that an appointment was expected soon for the vacant Unified Government Commission, 1st District, at large seat. But it’s still not filled.

The commission last year deadlocked on selecting an appointment to the seat, with neither of two final candidates getting the required majority of votes. That’s a year and more that the north side of town has been underrepresented, and the south side of town has had one more representative than the north side during that time. It’s unbalanced, and it’s time to do something about it.

Different commission opinions on whether to continue trying to fill the seat do not always break down along geographical lines. For example, Commissioner Ann Murguia of the 3rd District, on the south side, stated she would be OK with bringing other candidates forward if the rest of the UG Commission is ready to vote. But, the whole issue appears to be on the back burner right now.

Some good ideas earlier, such as one from Mary Martin to put the appointment on the election ballot, were shot down by local officials because the UG charter did not allow that to be done.

Community activist Alvin Sykes is still trying to pry the UG out of its stuck-in-the-mud stance on the issue. He was in court again on Wednesday with Carolyn Wyatt’s lawsuit on the issue to see if any progress could be made toward getting an appointment to the position, but he said there was another continuance in the case.

The UG’s answer to Carolyn Wyatt’s lawsuit was that it was “discretionary” on its part whether to fill the vacancy. However, Sykes pointed out that the charter ordinance said the UG Commission “shall” make an appointment to fill the seat, which means it must do it. He mentioned cases of other cities where there was a tie vote having voted more than 50 times before finally reaching a decision, while Kansas City, Kan.,-Wyandotte County only tried to vote around four times, he said.

Sykes has come to the conclusion that the delays are “really more for political reasons.” There has been speculation that some of City Hall opposes both of the candidates who were finalists earlier. While the candidates were affected by the “none of the above” decision, also affected were residents who have one fewer representative who can vote in the district’s best interests.

“It’s not fair,” Sykes said. “And it sends the signal to the public that if they let this go this long and do not address it, the at-large seat is not necessary to have. They’re not expressing a sense of urgency to fill it. But if you don’t need a 1st District, at-large position, why do you need a 2nd District, at-large?”

Let’s face it. It’s been a year and more. Wyandotte County had plenty of time to either vote for one of the two nominees until one is selected; or to start the process over and consider other candidates; or to change the UG charter ordinance and select another method of settling the issue, such as a coin toss or a special election at the polls.

The fact that the seat has been allowed to be vacant, perhaps until the spring 2015 local elections, is an insult to all residents living in the 1st District, at large, who deserve to have representation.

If you want to try to pry the UG out of its stuck position on this issue, just contact your commissioners or the mayor’s office (573-5040, http://www.wycokck.org/commissioners/, 573-5010, http://www.wycokck.org/mayor/ ) and voice your opinion.

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