By Roger McKinney
rmckinney@joplinglobe.com
COLUMBUS, Kan. — Diversionary agreements signed in misdemeanor cases against a Columbus police officer allow him to avoid automatic revocation of his police certification.
But the certification may not be safe, said Steven Culp, executive director of the Kansas Commission on Peace Officers’ Standards and Training.
A misdemeanor charge of domestic battery was filed July 6, 2009, in Cherokee County District Court alleging that the officer, Kevin Elias, “intentionally or recklessly” injured his wife, Elena Elias, on Dec. 27, 2008. The incident allegedly took place in Baxter Springs, where Elias lives.
Elias also had been charged in Baxter Springs city court with misdemeanor domestic battery in connection with an incident on May 2, 2009, involving a different family member.
Attorney Robert Myers prosecuted both cases. Myers is the Baxter Springs city attorney, and he was appointed special prosecutor in the case in district court.
Myers entered into diversionary agreements in both cases with Elias and his attorney, JoAnna Derfelt. Diversionary agreements allow for the dismissal of charges if a defendant meets the requirements of the agreement.
The agreement was filed Jan. 28 in district court on an amended charge of misdemeanor battery. The agreement requires Elias to pay court costs of $152, a diversion fee of $50 and a fine of $100. He also must complete an alcohol abuse treatment course and an alternative to battering course offered by the Ozark Center in Joplin, Mo.
Elias stipulates in the agreement that the allegations in the original complaint are true and that he would not contest them if he fails to follow the agreement.
In the Baxter Springs city court case, a diversionary agreement was filed Feb. 12 on an amended charge of disorderly conduct. It requires a fine of $100, court costs of $100, a diversion fee of $150 and a fee of $25 for fingerprinting. Elias also is required to undergo an alcohol and drug safety action program, commonly called ADSAP.
Myers said he entered the agreements because he thought it would be difficult to get convictions on the original charges. He said he made sure that the agreements had strict requirements.
“There are some pretty tough provisions in there,” Myers said. “I made sure they got addressed.”
Myers said Elias’ police certification was at risk, even with the diversionary agreements.
Columbus City Administrator Evan Capron said the city has taken no disciplinary action against Elias. He said he would consult with the city attorney about future actions.
Culp, the executive director of the Kansas Commission on Peace Officers’ Standards and Training, said no one with the city of Columbus had notified the group about the situation with the officer.
He said a domestic battery conviction against a police officer results in an automatic revocation of the officer’s police certification. The procedure is more complicated because there technically was no conviction against Elias, he said. He said a 12-member board that addresses issues of police misconduct may examine the cases further.
Requirements
Both diversionary agreements give Columbus police officer Kevin Elias 18 months from the date of filing to meet the requirements in order to get the charges dismissed.
