The Garden City Telegram
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Attempted murder dropped against pair
Published 6/20/2008 in News : Police
By The Telegram
A district magistrate judge ruled Thursday that there was not enough evidence to charge two Garden City men with attempted second-degree murder in the alleged beating of a local man, according to Finney County Attorney John Wheeler.
Jose Herrera, 37, who has several aliases, and Alvaro Enriquez, 19, appeared in court Thursday and had charges of attempted second-degree murder reduced to aiding a felon, Wheeler said.
According to an investigation, Herrera, Enriquez, and 25-year-old Amaur Vasquez, who also has several aliases, all of 711 E. Santa Fe St., had gotten into an argument June 13 with 29-year-old Manuel Ayala, Garden City, over failure to pay rent.
Garden City police Sgt. Mike Reagle said Vasquez allegedly grabbed a baseball bat and struck Ayala on the head. The blow caused a 20-inch laceration to the head and a fractured skull. Ayala was flown to Via Christi Regional Medical Center in Wichita.
All three men were found hiding in an abandoned trailer at 4170 E. U.S. Highway 50, Lot 313, June 14 and arrested.
Vasquez also appeared in court Thursday. Wheeler said Vasquez is the only one of the three charged with attempted second-degree murder. The men also have been charged with criminal trespass.
Wheeler said the next court appearance scheduled for each man is 8:30 a.m. Thursday.
Herrera's bond is $70,000, Vasquez's bond is $250,000 and Enriquez's bond is $80,000.
Depending on a person's criminal history, if convicted, attempted second-degree murder can carry a prison term of 12 to 54 years, aiding a felon can carry a prison term of seven to 11 months and criminal trespass is a Class B nonperson misdemeanor punishable by up to six months in jail, up to $1,000 fine or both.
Court-appointed attorney assigned
A former Garden City middle school teacher will be represented through a court-appointed attorney on charges of seven counts of promoting obscenity to minors.
Nathaniel Chaar, 31, Jetmore, made his first court appearance Thursday in front of District Magistrate Judge Ricklin Pierce and requested a court-appointed attorney.
Pierce assigned Kansas Rural Legal Services to Chaar's case.
Chaar was fired May 19 from his job as an eighth-grade teacher at Abe Hubert Middle School for allegedly viewing explicit material from pornographic Web sites on a school computer and showing it to students. He was arrested May 9 in Jetmore.
A resolution approved by the USD 457 Board of Education stated that Chaar violated the district's technology policy and allowed students to view inappropriate materials on a district computer. His next court appearance is scheduled for 2:45 p.m. July 3 in the basement of the Law Enforcement Center, 304 N. Ninth St.
Finney County Attorney John Wheeler has said that the seven misdemeanor counts of promoting obscenity to minors, which are class A person misdemeanors, more severe than nonperson misdemeanors, represent one charge per alleged victim.
A class A person misdemeanor is punishable by a year in the county jail, a $2,500 fine or both.
Chaar has been out of jail on a $70,000 bond since May 10.
9-year-old allegedly brings guns to pool
The Wichita County Sheriff's Office is investigating an incident where a 9-year-old child allegedly brought two loaded handguns to the Wichita County swimming pool Wednesday.
Wichita County Sheriff Randy Keeton said the guns were confiscated by a pool manager and were not loaded when he arrived at the pool shortly after 3 p.m.
He said the guns were loaded at one time but does not know who unloaded the weapons. Keeton would not comment on the child's gender or other specifics of the incident, including who the guns belonged to, because it's under investigation.
He said the case has been forwarded to Wichita County Attorney Laura Lewis for review. Lewis would not comment on the case.
Calls to the Wichita County swimming pool were not answered.
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