Cherokee County prosecutor still awaiting reports in double fatality

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August 6, 2009

Anonymous The Joplin Globe Thu Aug 06, 2009, 08:57 PM CDT

By Roger McKinney

rmckinney@joplinglobe.com

COLUMBUS, Kan. — Three weeks have gone by since the July 16 traffic accident that killed 13-year-old Taylor Kemp immediately and several days later claimed the life of her mother, Teresa Kemp, 41.

Charges have yet to be filed in connection with the crash, but Cherokee County Attorney John Bullard has said he will file charges against Kaston Hudgins. Hudgins was driving a Nissan Maxima that struck the rear of the Pontiac Vibe driven by Teresa Kemp, according to police reports.

The accident happened at a four-way stop at the intersection of highways 69, 400 and 171, south of Pittsburg. Hudgins reportedly was fleeing a patrol car driven by a Cherokee County sheriff’s deputy. Sheriff David Groves has said Hudgins fled in the vehicle after the deputy attempted a traffic stop near Crestline. The sheriff has declined to reveal the reason for the attempted traffic stop, but he said the deputy initiated and continued the chase because the deputy thought Hudgins represented a danger to the public if he didn’t pursue. Groves also has declined to specify that danger, saying he was following the advice of the county attorney.

Teresa Kemp was a teacher at Riverton Middle School, and Taylor Kemp was a student at the school. They lived in Pittsburg.

Kansas Highway Patrol Capt. Rick Wilson said some reports related to the investigation are not complete.

“It’s kind of a slow process,” Wilson said. He said that among the reports that are still out is a toxicology report, which will determine whether Hudgins was intoxicated. He said the Kansas Bureau of Investigation is conducting the evaluation at its lab. The results usually take six to eight weeks to obtain, but Wilson said the patrol is hoping for a faster turnaround.

He said a crash reconstruction report also is not complete.

“The county attorney wants the investigation to be complete when he gets it,” Wilson said. “We’ll give him everything in one package.”

Bullard on Thursday said he cannot file charges without evidence, and he doesn’t have any evidence until the patrol finishes its work.

“They’re keeping in touch with me,” he said. “I’m satisfied they’re doing their jobs and doing them well.”

Groves said that when the accident happened, the deputy involved was scheduled to have three days off, but he has had no other leave associated with the accident. He said the deputy performed according to department policy.

Tampering charge

Hudgins, 22, of Galena, has been charged in Newton County, Mo., with felony vehicle tampering. He is accused of taking the vehicle involved in the crash without the owner’s permission. A probable-cause statement says the vehicle’s owner, Ashley Kelley, said she told Hudgins not to drive the vehicle because he was intoxicated.

Kelley married Hudgins on July 22, according to records on file with the Jasper County, Mo., recorder’s office. The marriage license was filed July 27.

Newton County Prosecutor Jacob Skouby said Thursday that he was trying to reach Kelley to determine if she intends to testify against Hudgins.

He said in a July 28 phone conversation that he could not force her to testify if she invoked spousal privilege. He said there may be other ways to introduce evidence if that happens.

“In a property crime, if the victim doesn’t want to proceed, I usually dismiss the case,” Skouby said last month. “Because of what happened in Kansas, we might be looking at it differently.”

Out on bond

Kaston Hudgins is free from custody on $20,000 bond in his Newton County case. His initial court appearance is scheduled for Monday in Newton County Circuit Court.

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Cherokee County prosecutor still awaiting reports in double fatality

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