A potential criminal threat involving a man who sang of Gov.-elect Laura Kelly's death on election night wasn't reported to law enforcement.
A reader submitted a question to The Topeka Capital-Journal's #TopCity What?, asking if the man should be arrested.
At the Republican watch party on Nov. 6, Don Erbert, of Iola, belted out the chorus of “American Pie,” concluding with a slight revision: “This will be the day that Laura Kelly dies.”
A spokeswoman for Kelly said at the time that the rhetoric used by Erbert was disappointing.
Kelly went on to defeat Republican Kris Kobach in the gubernatorial race and will be sworn in Jan. 14.
The incident wasn't reported, according to officials with the Topeka Police Department and the Kansas Highway Patrol, and so it wasn't investigated.
"Criminal threat is a threat to commit violence communicated with the intent to place another person in fear," Topeka police Lt. Andrew Beightel said. "Whether it is criminal or not turns on the speaker’s intent to cause fear."
Under Kansas state statute, a criminal threat is a felony.
Kansas Highway Patrol Lt. Adam Winters said in this particular case, no complainant came forward.
"Consequently, no action was taken," he said.
KHP is responsible for providing security and transportation for the governor and the governor's family. Capitol Police, which operates under KHP, also provides law enforcement services to state legislators and state workers in and around the Capitol, Winters said.
Local and state authorities also support security services for events like President Donald Trump's Oct. 6 visit to Topeka. Twenty agencies along with the Secret Service provided security and traffic control for the campaign rally at the Expocentre.