Man charged in 4 deaths claimed victim fired 1st

OTTAWA, Kan. (AP) — A man charged with murder in the deaths of four people, including an 18-month-old girl, at a Kansas farm told investigators one of the victims took the first shot at another victim, a detective testified Tuesday.

Kyle Trevor Flack, 28, is charged with capital murder, first-degree murder and attempted rape. The bodies of Andrew Stout, Steven White and Kaylie Bailey were discovered last spring at Stout’s farm in Ottawa, about 50 miles southwest of Kansas City. Investigators found the body of Bailey’s toddler, Lana Leigh Bailey, a few days later in neighboring Osage County.

Franklin County Judge Thomas H. Sachse heard testimony Tuesday on a request from prosecutors to introduce as evidence statements Flack made to authorities after the killings. The defense has opposed that motion, which was filed under seal.

Franklin County Sheriff’s Detective Jeremi Thompson testified that Flack told investigators during questioning before he was formally charged May 9, 2013, that Stout argued with White over rent and followed him to the garage carrying a shotgun. Flack told authorities that Stout fired on White, hitting him in the chest, and then handed the gun to Flack.

“I shot him, he dies,” the investigator said Flack told him.

Thompson said Flack then said he and Stout put a tarp over White’s body and then placed cinder blocks on the tarp, before they went back in the house to smoke marijuana.

Defense attorney Ron Evans argued that the comments shouldn’t be admitted because they came after Flack had asked Thompson if he needed a lawyer. The judge ruled that the comments were properly acquired and could be used.

Authorities say Flack was friends with 30-year-old Stout, and that White, 31, was Stout’s roommate. They have said 21-year-old Bailey was Stout’s girlfriend.

Flack sat quietly in an orange striped prison jumpsuit, shackled at the wrist and ankles.

A preliminary hearing was scheduled for later Tuesday to determine if prosecutors have enough evidence to warrant a trial. If Flack, who is being held on $10 million bond, is convicted of capital murder in the deaths of Bailey and her child, he could face the death penalty.

Prosecutors, who originally sought to have the preliminary hearing closed to the public, are expected to reveal more details as the hearing unfolds and will call about 40 witnesses, including law enforcement and relatives of the victims.

Authorities have not indicated if they intend to seek the death penalty. No one has been executed in Kansas since 1965.

Flack is also charged with criminal possession of a firearm. He cannot legally have a firearm because he spent four years in prison on a 2005 conviction for second-degree murder before being paroled in 2009.

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