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Autopsy: Kansas man fatally shot by trooper was on drugs

TOPEKA, Kan. (AP) — An autopsy report says a motorist who was fatally shot by a Kansas Highway Patrol trooper in November was under the influence of methamphetamine.

Logan from an earlier arrest in Shawnee County. He had previous conviction for robbery, drugs and forgery, according to the Kansas Dept. of Corrections

Shawnee County District Coroner Ransom Ellis said the autopsy found methamphetamine, amphetamine and marijuana in the system of 35-year-old Jarmane Logan to Topeka. He died of a single gunshot wound.

Investigators say the trooper and a Topeka police officer were being dragged through the snow by Logan’s vehicle when he was shot. Logan was trying to drive away with two women the officers were trying to take into custody.

Shawnee County District Attorney Mike Kagay said in January that the shooting was justified. The trooper’s name hasn’t been made public.

State will temporarily stay proceedings in duck boat case

KANSAS CITY, Mo. (AP) — State proceedings against the owner of a duck boat that sank on a Missouri lake last summer, killing 17 people, will be temporarily halted until federal charges in the case are resolved, Missouri Attorney General Eric Schmitt announced Thursday.

First responders on the scene of the July 2018 lake accident -photo courtesy KYTV

Schmitt said in a news release he and officials of Branson Duck Vehicles signed an agreement Tuesday for a temporary stay of proceedings pending resolution of any charges by the U.S. Attorney for the Western District and other federal agencies “and any additional criminal charges that may be forthcoming.”

The amphibious vehicle sank July 19, 2018, at Table Rock Lake near Branson after it entered the lake despite severe weather warnings. Fourteen people survived.

Ripley Entertainment, which owns Branson Duck Vehicles, has said it doesn’t plan to operate the duck boats this year. A spokeswoman for the company didn’t immediately respond to an email seeking comment.

Schmitt said the agreement requires the company to give the state a 90-day notice if it intends to operate the boats after this year. If that happens, the state’s proceedings would resume, he said.

“The most important thing to me, was to get these duck boats off Missouri waters prior to the upcoming tourist season, ensuring that Missourians and tourists would not be put in harms’ way” Schmitt said. “And, in the future, the operators need to provide significant warning to the State if they intend to even attempt to get back on the water. If that is the case, we will stop them.”

Schmitt’s office has continued to pursue a lawsuit filed by former Attorney General Josh Hawley, which accused Branson Duck Vehicles and Ripley Entertainment of violating Missouri’s consumer protection law and putting profits above safety. The suit seeks financial penalties and asks a judge to ban operation of the amphibious vehicle tours.

The refurbished amphibious duck boats were a staple of tourism in Branson for nearly 50 years, with Ripley purchasing the attraction in 2017. The boats start out on land and then entered the water for a brief tour around the lake.

Orlando, Florida-based Ripley faces several lawsuits alleging that warnings of severe weather were ignored when boat, known as Stretch Duck 07, went onto the lake last July.

The boat’s captain, Kenneth Scott McKee, has been indicted on 17 counts accusing him of several violations of federal law overseeing boat captains, including not properly assessing incoming weather, failing to tell passengers to use flotation devices and other violations. The federal investigation is ongoing.

Truck driver sentenced for deadly Missouri crash

MARSHFIELD, Mo. (AP) — A tractor-trailer driver who told authorities, “God told me to do it” after causing a deadly southwestern Missouri crash has been sentenced to five years of probation.

Housley photo Webster Co.

35-year-old Adam Housley of Mountain Grove was sentenced Wednesday. He pleaded guilty in February to two counts of involuntary manslaughter.

Housley was initially charged with second-degree murder after the January 2017 crash on U.S. 60 in Seymour that killed 48-year-old Tisha Briggs and her 47-year-old fiance, Leo Walker.

But Webster County Prosecutor Ben Berkstresser told the victims’ relatives that he lacked evidence to support the murder charges because Housley’s truck didn’t have a collision avoidance system.

Charging documents say Housley was looking at his cellphone and didn’t try to stop before rear-ending the victims’ stopped vehicle.

Kansas, 5 other states announce new suits over prescription opioids

CHARLESTON, W.Va. (AP) — Five more state attorneys general announced legal filings Thursday seeking to hold the company that makes OxyContin responsible for an opioid addiction crisis that has become the biggest cause of accidental deaths across the country and in many states.

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The company, Connecticut-based Purdue Pharma, blasted the claims. “The states cannot link the conduct alleged to the harm described, and so they have invented stunningly overbroad legal theories, which if adopted by courts, will undermine the bedrock legal principle of causation,” Purdue said in a statement.

The new filings in Kansas, Iowa, Idaho, Maryland, West Virginia and Wisconsin mean 46 states have now taken legal action in recent years against Purdue. Michigan announced last week that it’s looking for law firms to help it sue the industry, too.

All the new filings but the one in Kansas also named Richard Sackler, a former company president and a member of the family that owns the Connecticut-based firm, as a defendant. Maryland named other members of the Sackler family in its administrative action.

Some states have also sued other drugmakers or distributors as the fallout from the crisis moves increasingly to courthouses.

“There’s far too much senseless death in West Virginia and many ruined lives,” that state’s Attorney General Patrick Morrisey said Thursday. “We cannot and will not tolerate companies that allegedly use false and misleading information to deceive medical personnel and patients.”

States’ suits are among the highest-profile claims in flood of litigation over the crisis. Opioids, including prescription painkillers and related drugs such as heroin and fentanyl, were involved in nearly 48,000 deaths in the U.S. in 2017 — more than AIDS killed at the peak of that epidemic and more than auto accidents kill annually. The death toll since 2000 is 391,000.

The states and about 2,000 local and tribal governments that have sued assert that Purdue and other companies downplayed the addiction dangers of the drugs and used sales representatives to encourage doctors to prescribe even more of them.

But the legal cases are complicated. Purdue points out that the majority of the recent deaths are linked to heroin or fentanyl — not prescription drugs. States say most users, though, start with prescription pills, whether they’re prescribed to them or diverted.

A judge in North Dakota last week dismissed all of that state’s claims against Purdue, perhaps the company’s biggest court win in a round of litigation. In a written ruling that the state says it will appeal, Judge James Hill questioned the idea of blaming a company that makes a legal product for the deaths. “Purdue cannot control how doctors prescribe its products and it certainly cannot control how individual patients use and respond to its products,” the judge wrote, “regardless of any warning or instruction Purdue may give.”

Mark Cheffo, a lawyer for Purdue, said he’s hoping other judges will reach similar conclusions as they delve into the cases.

All the cases filed by state governments except one are working their way through state courts. Alabama’s case is among about 1,500 in federal court and being overseen by one federal judge based in Cleveland. He has rejected arguments to dismiss the suits and has scheduled an initial trial in October for the claims of two Ohio counties.

The looming trial could put pressure on Purdue and other companies to settle the cases — something the judge has said he wants to see.

In March, Purdue and the Sackler family, which owns the company, settled with Oklahoma for $270 million. Purdue also settled with Kentucky in 2015 for $24 million. A handful of other companies have entered deals with states in the last few years, including drug distribution firms that have agreed to pay West Virginia a total of $84 million.

Pennsylvania Attorney General Josh Shapiro, one of the leaders of a multistate investigation of the opioid crisis, announced a lawsuit earlier this week against Purdue, saying the company was not working in good faith on a settlement. Iowa Attorney General Tom Miller also said lack of progress in talks was a factor in filing a lawsuit now. “There was a hope that the negotiations would yield a settlement for all the states,” he said. “And may still.”

Cheffo, the Purdue lawyer, disputed that in a phone interview Thursday. “While we recognize the complication of a resolution process involving so many different parties and interests and certainly cannot get into the details of them, we remain optimistic and believe that both sides are participating in good faith in an effort to try to reach some resolution that is in the best interests of the parties and the public health.”

A lawyer representing members of the Sackler family has said the family would also like to settle.

For some states, there’s a political element in deciding to join the litigation now.

For instance, Wisconsin didn’t sue earlier because Republican Attorney General Brad Schimel opted to join a multistate investigation instead. Schimel argued that it would be a faster way to hold them accountable. But Schimel was defeated in November by Democrat Josh Kaul, who campaigned on a platform that included filing opioid lawsuits.

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Trump vows to pass merit-based immigration plan

WASHINGTON (AP) — The Latest on President Donald Trump’s immigration plan (all times local):

3:20 p.m.

President Donald Trump says that if Democrats won’t adopt his merit-based immigration plan, he’ll get it passed after the election.

Trump on Thursday unveiled his proposal in a Rose Garden news conference with little hard-line rhetoric. He says he wants to recruit the “most brilliant” people to live in the U.S. through a system that rewards talent and brains.

Trump is seeking to put a softer facade on the signature issue from his first campaign as he eyes a 2020 reelection. He said Thursday it was time to “restore national unity.”

He suggested the plan could get passed after the 2020 election if necessary because the House could flip back to the GOP.

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3 p.m.

President Donald Trump says the immigration plan he’s proposing would prioritize “totally brilliant” immigrants.

Trump on Thursday laid out a merit-based plan that would give preferential treatment to high-skilled workers. He says right now the U.S. immigration laws “discriminate against genius” and “discriminate against brilliance” because most of the green cards are given to low-skilled people who would make low wages.

Under the plan, the country would award the same number of green cards as it now does. But far more would go to exceptional students, professionals and people with high-level and vocational degrees. Factors such as age, English language ability and employment offers would also be considered.

Far fewer green cards would be given to people with relatives already in the U.S. Fifty-seven percent would be awarded on merit as opposed to the current 12%.

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WASHINGTON (AP) — After years of setbacks and stalemates, President Donald Trump will lay out yet another immigration plan on Thursday as he tries to convince the American public and lawmakers that the nation’s legal immigration system should be overhauled.

The latest effort, spearheaded by Trump’s son-in-law and senior adviser, Jared Kushner, focuses on beefing up border security and rethinking the green card system so that it would favor people with high-level skills, degrees and job offers instead of relatives of those already in the country.

A shift to a more merit-based system prioritizing high-skilled workers would mark a dramatic departure from the nation’s largely family-based approach, which officials said gives roughly 66% of green cards to those with family ties and only 12% based on skills.

But the plan, which has yet to be embraced by Trump’s own party — let alone Democrats — faces an uphill battle in Congress, where efforts to overhaul the immigration system have gone nowhere for three decades amid deeply divided Republicans and Democrats. Prospects for an agreement seem especially bleak as the 2020 elections near, though the plan could give Trump and the GOP a proposal to rally behind, even if talks with Democrats go nowhere.

The plan does not address what to do about the millions of immigrants already living in the country illegally, including hundreds of thousands of young “Dreamers” brought to the U.S. as children — a top priority for Democrats. Nor does it reduce overall rates of immigration, as many conservative Republicans would like to see.

Trump will nonetheless deliver a Rose Garden speech Thursday throwing his weight behind the plan, which has thus far received mixed reviews from Republicans in the Senate.

In briefings Wednesday that attracted dozens of journalists, administration officials said the plan would create a points-based visa system, similar to those used by Canada and other countries.

The officials, who spoke on condition of anonymity to outline the plan before Trump’s announcement, said the U.S. would award the same number of green cards as it now does. But far more would go to exceptional students so they can remain in the country after graduation, professionals and people with high-level and vocational degrees. Factors such as age, English language ability and employment offers would also be taken into account.

Far fewer green cards would be given to people with relatives already in the U.S. and 57% versus the current 12% would be awarded based on merit. The diversity visa lottery, which offers green cards to citizens of countries with historically low rates of immigration to the U.S., would be eliminated. Officials insisted diversity would be addressed in other ways.

The officials offered fewer specifics on border security, which is expected to remain a key focus for Trump as he campaigns for reelection. Trump has been furiously railing against the spike in Central American migrant families trying to enter the country, and he forced a government shutdown in a failed effort to fulfill his 2016 promise to build a southern border wall.

As part of the plan, officials want to shore up ports of entry to ensure all vehicles and people are screened and to create a self-sustaining fund, paid for with increased fees, to modernize ports of entry.

The plan also calls for building border wall in targeted locations and continues to push for an overhaul to the U.S. asylum system, with the goal of processing fewer applications and removing people who don’t qualify faster.

While the officials insisted their effort was not a “political” plan, they nonetheless framed it as one they hoped Republicans would unite behind, making clear to voters what the party is “for.”

“I don’t think it’s designed to get Democratic support as much as it is to unify the Republican Party around border security, a negotiating position,” said Sen. Lindsey Graham, R-S.C., a close ally of the White House.

Indeed, the plan drew immediate criticism from Democrats as well as immigration activists, who remain deeply skeptical of Trump after past negotiation failures.

Democrats and some Republicans tried crafting a compromise with Trump last year that would have helped young Dreamer immigrants and added money for border security. But those talks collapsed over White House demands to curb legal immigration and a dramatic Senate showdown in which lawmakers rejected three rival proposals that aligned with the “four pillars” immigration plan Trump unveiled that year.

Senate Minority Leader Chuck Schumer criticized the White House for failing to engage in talks with Democrats over the latest proposal.

“Don’t come up with a plan that Stephen Miller rubber stamps and say, ‘Now, pass it.’ It’s not going to happen,” Schumer, D-N.Y., said, referring to Trump’s hard-line policy adviser.

Lisa Koop, director of legal services at the National Immigrant Justice Center, also criticized the various planks of the proposal, including its failure to address those brought to the U.S. illegally as children who are currently protected from deportation by the Deferred Action for Childhood Arrivals policy, or DACA, which Trump has tried to end.

“A plan that forces families apart, limits access to asylum and other humanitarian relief, and doesn’t contemplate a path to citizenship for DACA recipients and other undocumented community members is clearly a political stunt intended to posture rather than problem-solve,” she said.

Mark Krikorian, executive director of the Center for Immigration Studies, which advocates for lower immigration rates, applauded a “very positive effort” on legal immigration, but said it was “undermined by the embrace of the current very high level of immigration.”

Republicans on the Hill, too, voiced skepticism, even as administration officials insisted the plan had been embraced by those who briefed on it. A PowerPoint presentation shared with reporters Wednesday referred to the plan as “The Republican Proposal,” even though many GOP members had yet to see it.

Graham, who rolled out his own proposal Wednesday to address the recent flood of migrants seeking asylum at the U.S.-Mexico border, said he had advised Trump to try to cut a new deal with Democrats and believed Trump was open to that.

“I am urging the president to lead us to a solution,” he said.

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2 dead after truck from Missouri, involved in I-70 crash, fire

First responders on the scene of the fatal crash early Thursday photo courtesy WIBW TV

SHAWNEE COUNTY — Two people died in an accident just before 3:30a.m. Thursday in Shawnee County.

A Ford Box Truck registered in Missouri and a Pontiac Firebird registered in Tennessee were westbound on Interstate 70 near West Union Road, according to Deputy Shayna Anderson

The vehicles collided in the outside lane of travel sending both vehicles off the road to the north. The Pontiac became fully engulfed in flames with both occupants still inside.

The occupants of the Pontiac were pronounced deceased at the scene. The driver of the Ford was transported to a local hospital where he was evaluated and released.

Dove Fire and AMR assisted at the scene. Names of the victims have not been released.

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TOPEKA, Kan. (AP) — Two people are dead following a fiery crash near Topeka.

The accident happened around 3:30 a.m. Thursday on Interstate 70 when a car and a box truck collided.

Both vehicles left the roadway and the car caught fire. Officials on the scene said two people in the car died. The truck driver is hospitalized with injuries that are not believed to be life-threatening.

Regents frustrated by universities’ request for more tuition

TOPEKA, Kan. (AP) — Despite an increase in state funding for higher education, four the Kansas’ six major universities are asking for tuition increases for next year.

During a meeting Wednesday, some members of the Kansas Board of Regents expressed frustration with the university administrators for seeking increases.

The board will vote on the proposals in June and it is unclear if there are enough votes to approve them.

University officials said the proposed increases would be the smallest in decades.

The University of Kansas and Wichita State are asking for a 1 percent increase for Kansas residents. Emporia State requested a 2.5 percent increase and Kansas State is seeking a 3.1 percent hike. Pittsburg State and Fort Hays State did not ask for higher tuition.

KBI investigation of KCK police chief, lake house turned over to DA

KANSAS CITY, Kan. (AP) — The Kansas Bureau of Investigation has completed its investigation of the police chief in Kansas City, Kansas, and turned over results to the Wyandotte County District Attorney’s office.

A spokeswoman for KBI said Wednesday that the bureau wrapped up the investigation last week. It’s unclear when prosecutors will decide whether to file criminal charges against Terry Zeigler.

The investigation centers on whether Ziegler “double dipped” when he took paid time off work while also charging the county government for work he did on a lake house.

 

The Unified Government allowed Ziegler to pay little rent on the house on Wyandotte Lake Park if he made repairs on the property. Officials put the lease in writing after a citizen inquired about it.

Missouri mother, 4 children killed in rollover crash

ELDON, Mo. (AP) — Authorities say a woman and four children have been killed in a central Missouri crash.

Missouri State Highway Patrol Sgt. Scott White says 30-year-old Radiance Wright lost control of her westbound vehicle around 8 p.m. Wednesday on U.S. 54 near the small town of Eldon in Miller County.

White says the vehicle flipped several times before coming to a stop in the eastbound lanes.

Wright was killed, along with 3-year-old Patience Horton, 4-year-old Arleone Horton, 7-month-old Byra Brown and Rondrea Anderson, whose age is unknown.

Wright says he doesn’t know where they were headed. Eldon is about 45 miles south of Columbia, where Wright and the children were from.

Move Over Smoking, Kansas High Schoolers Can’t Get Enough Of Vaping

The new reality of smoking at Kansas high schools is visible in the parking lots, where used-up Juul pods have taken the place of cigarette butts.

VAPING 360 / FLICKR

“You can pick up the discarded Juul cartridges all over the concrete,” Andover High School school resource officer Heath Kintzel said of the popular vaping brand. “It’s everywhere.”Kansas school officials told the state Board of Education on Tuesday that vaping is an increasing epidemic. In 2017, about a third of Kansas high school students tried vaping at least once. Between 2017 and 2018, the number of students vaping increased by 80 percent.

That has educators looking for a solution.

“For me, it was pretty eye-opening in terms of just the amount of vaping that had occurred in a short amount of time,” David Stubblefield, the executive director of school administration for the Blue Valley Unified School District, told the board. “It really exploded exponentially in the last two or three years.”

Vaping — that is, electronic cigarettes — almost always involves nicotine, the same addictive chemical found in traditional cigarettes. It usually involves flavors that would appeal to younger smokers.

Some adults have turned to vaping to quit smoking, though the Food and Drug Administration does not approve e-cigarettes for that use. The Centers for Disease Control acknowledges that while e-cigarettes could help some smokers quit, there isn’t enough research to say how effective they are. There also hasn’t been enough research to fully understand the health consequences associated with vaping, partially because of e-cigarettes’ fast adoption.

Plus, the devices often look like pens and USB drives. Some are built into hoodie strings. They can give off little smoke. This allows them to go unnoticed, especially in schools.

“Unless you physically see a student holding it, using it, blowing the smoke from it, it is really difficult to know when kids are actually using it in a school,” said Andover principal Kristen Kuhlmann.

The main recommendation for combating e-cigarettes: education. The Kansas Department of Health and Environment said students may not know there is nicotine in their e-cigarettes.

The department also recommended lessons for teachers to better identify vaping.

But education officials are bracing themselves for a long campaign against vaping, much like the decades-long process of reducing traditional cigarette use.

“They’ve just burst upon the market,” said Mark Thompson, a consultant on health for the Kansas State Department of Education. “We’re really playing catch-up here.”

Stephan Bisaha reports on education and young adult life for the Kansas News Service. Follow him on @SteveBisaha.

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