PHOTO COURTESY OF KELLI JOHNSEN

Hill , a strong health care advocate throughout his tenure , worked closely with Kelli Johnsen on the “ Right to Try ” bill introduced in session last year .

By Jessie Wagoner jessie @ emporia . com

Representative Don Hill announced Monday that he will be retiring from the Kansas Legislature . Hill has served seven terms , having first been elected in 2002 .

He said the decision is not one that was made lightly .

“ It ’ s a decision that obviously didn ’ t come without a lot of mixed feelings on my part ,” Hill said . “ You can imagine that having been up there for 14 years that I ’ m experiencing what really is a loss . It is really like a grieving process .”

As news of Hill ’ s retirement spread , community members began their own grieving process . City Commissioner Bobbi Mlynar wished Hill the best , but admitted he will be greatly missed .

“ While I wish the very best for Don and Robbie , a selfish part of me wants to keep him forever as our representative ,” Mlynar said . “ He ’ s never shied away from honest assessments and practical solutions . I ’ m especially impressed that Don has been loyal throughout to serving only one special-interest group — Kansas and its citizens .”

Diane McCarty , a retired educator and former Emporian , said Hill brought class to the political landscape .

“ Very sorry to hear you are retiring ,” she posted on Hill ’ s Facebook page . “ You brought class and intelligence to the crazy world of Kansas politics . Thanks for your years of service . On the other hand , I do not blame you , and I wish you all the best !”

Hill said maintaining his integrity over the years is one of his greatest accomplishments .

“ One of my greatest sources of satisfaction is that — as I ’ ve served and as I ’ ve campaigned — I ’ ve always been positive ,” Hill said . “ I ’ ve never gone negative in any campaign situation . I ’ ve been able to maintain my independence and integrity , which to me , when I ’ ve looked to my mentors , is a hallmark of success .”

Over the years Hill has advocated strongly for Emporia State University — frequently voting against legislation that would lead to decreases in higher education funding .

“ Don Hill loves Emporia and cares about the

Please see Hill , Page 3

Kansas Appeals court : “ undeniably gross and flagrant ” errors by Lyon County

By Justin Wingerter justin . wingerter @ cjonline . com

The Kansas Court of Appeals castigated a Lyon County prosecutor for “ undeniably gross and flagrant ” errors in statements he made to a jury as the court overturned an Emporia ’ s man ’ s drug convictions and acquitted him of the most serious charge .

A drug task force of Lyon County sheriff ’ s deputies and Emporia police knocked on the door of a mobile home in late 2013 and found Preston Dobson , a man with outstanding warrants , along with the smell of marijuana and a glass pipe on a living room table .

In Dobson ’ s possession the officers found small plastic bags and a syringe . After obtaining a search warrant , they found drug paraphernalia , including a glass pipe , digital scale and what they described as a “ homemade smoking device ” with methamphetamine inside . In a bedroom , they found a grinder with small amounts of marijuana .

Steven Carroll , another man in the mobile home , admitted the pipe belonged to him . Dobson said he had been staying at the residence , owned by Matthew Judd , for several days .

Judd was charged with felony possession of methamphetamine , felony possession of marijuana and a misdemeanor count of possession of paraphernalia . He was convicted on all counts during a one-day trial in July 2014 .

Judd was sentenced to 30 months in prison but appealed the convictions to the Court of Appeals , arguing there was a lack of evidence to convict him , jury members had not properly been instructed on the law and a prosecutor erred during closing arguments . On Friday , three judges agreed . “ Consistent with Kansas law , a verdict convicting Judd of possession of the contents of the case , including the methamphetamine , rested on unmoored speculation rather than reasoned inference ,” wrote Judges G . Gordon Atcheson , David Bruns and Richard Walker .

State law and Kansas court precedent has determined the presence of drugs in a common area is not sufficient evidence to convict all occupants in a home of possession . In this case , the methamphetamine and paraphernalia could have belonged to Dobson or Carroll , not Judd .

“ Simply put , a person does not necessarily own everything he or she possesses ( think hedge clippers borrowed from a neighbor ) or possess everything he or she owns ( think a car loaned to a child at col-

Please see Appeals , Page 3

The North Lyon County Board of Education will hold a work session beginning at 11 a . m . Wednesday at the district office in Americus .

The work session will focus on options for the district following the second failed bond attempt to build a consolidated K-12 building . The board has much work ahead of it to address efficiency issues amid the current financial climate .

The public is welcome to attend the meeting , express concerns and provide feedback . Board President Matt Horton has said “ no stone will be unturned ” as the board looks at all possible solutions for the district .

The work session is a time for the board to explore options and create a plan . No action will be taken at the session .

VOL . 124 , NO . 279

By Jessie Wagoner jessie @ emporia . com

Special to The Gazette

Currently , there are more than 900 youth in Kansas foster care who are 16 or older . Every year , approximately 350 youth age out of foster care with no family to call their own .

Older youth in foster care around the state are wearing blue wrist bands today , to stand together , calling attention to the need for adoptive families of older youth . Band Together Day is also a time to highlight the important ways the community can support youth as they age out of foster care .

This year , the Independent Living program of the Kansas Department for Children and Families ( DCF ) distributed more than 3,000 blue wristbands , which read “ Support Youth in Care ,” to promote awareness of the challenges that face youth who reach the age of 18 without being adopted .

Those who age out of care must transition into adulthood without permanent parents to guide them . While most of these youth have experienced the guidance of effective foster parents , they still often must navigate their young adult years alone .

“ Coming out of the system , youth tend to have a lot of fear and uncertainty ,” said Stormy Lukasavage , a Washburn University , Topeka , student in the Independent Living program . “ Others just didn ’ t learn what to do and make bad choices . I

COURTESY PHOTO

DCF staff support youth in care by participating in Band Together Day .

see a lot of kids who come out of foster care and end up homeless . They need better life-planning advice and support .”

Band Together Day is an annual event to recognize the need to support older youth in foster care , as well as those who have recently aged out of foster care . It is held on May 20 every year , to celebrate the formation of the Kansas Youth Advisory Council ( KYAC ). KYAC was formed 16 years ago . It is an active advocate for older youth in foster care and those who age out of the Kansas foster care system .

The DCF Independent Living

Please see Band , Page 3

The Emporia Gazette

The 41-year-old driver of a pickup that struck and killed an Ottawa bicyclist in October 2013 on a highway west of Emporia has been ordered to spend time behind bars .

According to a report by the Ottawa Herald , Lyon County Judge Lee Fowler sentenced Jean Getten to one year in the county jail on Friday , Ruth Wheeler , Lyon County District Court administrator , said Monday . The Emporia area resident had been convicted of one count of vehicular homicide in the death of 51-year-old Ottawa resident Ronald W . Kennedy .

The judge granted Getten work release , if she is eligible , and ordered her to pay fines , costs and restitution associated with the case , Wheeler said .

A 2004 Dodge Ram truck driven by Getten was westbound about 10 p . m . Oct . 24 , 2013 , in the 600 block of U . S . Highway

Please see Getten , Page 3