Three area residents have been bound over for trial in Geary County District Court on charges of Aggravated Kidnapping and Aggravated Battery, stemming from a July 18 incident in rural Geary County.
Deputy Geary County Attorney Chris Biggs reported that Randy C. Fetters Jr.,36, Herington, Story Stanley ( Blocker ), 36, Herington, and Justin Spiker 26, Alta Vista, were bound over for trial following a preliminary hearing in Geary County District Court on Thursday. “The allegation is that they removed the victim from a rural property in Wabaunsee County and took him across county lines into Geary County to another rural residence. The allegation is that he was beaten repeatedly, threatened, and then he also had his hair cut.”
At the request of the State, each defendant was also bound over for conspiracy to commit the primary charges.
Concerning the reasons why the defendants took the alleged actions Biggs stated, “The allegation is that there was a dispute about some property, and then there was also evidence about there being some motive involving the sexual orientation of the victim. The matter is being reviewed right now by me for consideration of whether to request an enhancement under the state statute concerning hate crime.”
Biggs said that could result in a potential additional sentence. In Kansas there is no separate hate crime that’s a crime, but an aggravator that a jury could consider. “If the jury finds certain facts beyond a reasonable doubt at a trial there is then the potential that the sentence could be enhanced by a court, but that finding would need to be made by the jury beyond a reasonable doubt. ” Biggs said, “I’m considering that for application only to one of the defendants, which would be the defendant Randy Fetters Jr., but I have not made a decision or at least have not filed that yet.” That would not apply to the other two defendants.
Arraignment dates have been set in District Court for Fetters on November 4, Blocker on October 24, and Spiker on October 7.