Lawrence Journal-World 02-27-2016

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KU CAN CLINCH BIG 12 WITH WIN TODAY

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SATURDAY • FEBRUARY 27 • 2016

Gunman was served court order before shooting Police chief a ‘tremendous hero’ killing three, had just been served with a protective orAssociated Press der involving a former girlfriend that probably set off Hesston — A man who the attack, authorities said stormed into a Kansas fac- Friday. tory and shot 14 people, The assault at the Excel

By Roxana Hegeman and Maria Fisher

Ford

Industries lawnmowerparts plant in the small town of Hesston ended when the police chief killed the gunman in a shootout. Harvey County Sheriff T. Walton described the officer as a “tremendous hero” because 200 or 300 people were still in the factory and

the “shooter wasn’t done by any means.” Had the officer “not done what he did, this would be a whole lot more tragic,” Walton said. The gunman was identified as Cedric Ford, a 38-year-old worker at the factory. As a convicted fel-

on, he was prohibited from owning any kind of firearm. A woman was charged with supplying him with an assault rifle and a pistol. Kansas Gov. Sam Brownback said preliminary information indicated that Please see SHOOTING, page 5A

Trump, Court: Sobriety law unconstitutional Clinton lead in Kan. poll ——

Voter survey also finds Brownback has lower approval rating than Obama By Peter Hancock Twitter: @LJWpqhancock

Topeka — One week before the March 5 presidential caucuses in Kansas, Republican Donald Trump and Democrat Hillary Clinton are leading their respective rivals, but more than a third of all potential caucus-goers say they’re still undecided, according to a new survey by Fort Hays State University. Among voters who said they intend to vote in the Republican caucuses, 26 percent said they are supporting Trump, although 39 percent said they are still undecided. Texas Sen. Ted Cruz, with 14 percent, and Florida Sen. Marco Rubio, at 13 Trump percent, are in a close race for second place. Ben Carson and Ohio Gov. John Kasich each drew 3 percent. Among Democrats, the survey showed 44 percent of potential caucusgoers are still unClinton decided. But among those expressing a preference, 33 percent said they favored Clinton, and 23 percent said they favor Vermont Sen. Bernie Sanders. The survey included responses from 440 Kansas adults who said they intend to vote in the upcoming caucuses with an overall margin of error of 5 percentage points. But it did not break down that number by party or provide separate margins of error for the two samples. But when the entire sample is pooled together, Trump and Clinton showed nearly identical levels of support, with 16 percent of the entire sample saying they support Trump, 15 percent saying they support Clinton, and 40 percent undecided. Please see POLL, page 5A l Democrats rally at statewide

Shutterstock Photo

THE KANSAS SUPREME COURT RULED ON FRIDAY IN SEVERAL RELATED CASES that Breathalyzers and other forms of blood-alcohol tests constitute unreasonable searches and seizures.

Drivers can’t be punished for refusing test, ruling says By Peter Hancock Twitter: @LJWpqhancock

Topeka — Drivers in Kansas who are suspected of being intoxicated can no longer be punished for refusing to take a blood-alcohol test, and police may no longer warn drivers that such refusals can result in stiffer criminal penalties, the Kansas Supreme Court said Friday. In three related cases, the justices ruled 6-1 that Breathalyzers and other

forms of blood-alcohol tests constitute “searches” and thus are subject to the Fourth Amendment’s prohibition against unreasonable searches and seizures. And in a fourth case, the court said police may no longer warn drivers that refusing to submit to a test can result in even stiffer penalties because such a warning is both inaccurate, in light of the other three cases, and constitutes a form of coercion. The court said the law compelling people to submit to such a search with-

out police first obtaining a warrant is “impermissibly broad because it allows the State to criminally punish those who refuse a search that is not grounded in the Fourth Amendment.” Under Kansas law, it has long been held that drivers have given implied consent to DUI tests merely by driving on public roads. But the court said both the U.S. Constitution and the Kansas Constitution allow drivers to withdraw that consent, and the state Please see SOBRIETY, page 2A

What’s at stake in the Oread tax dispute

S

ometimes you win in the court of law, but lose in the court of public opinion. Other times it is vice versa. I can’t help but think that thought is going through the minds of some City Hall leaders these days. This $500,000 tax dispute between the city of Lawrence and the developers of The Oread hotel project seems likely to create some interesting legal wrangling. New documents released by the developer certainly have

Town Talk

Chad Lawhorn clawhorn@ljworld.com

made that clearer. But if it turns into a lawsuit, it sure

appears City Hall leaders have an interesting calculus to consider: It is important for the city to win the judgment of the court, but it is critical that it win the judgment of the public. In other words, the city probably has more at risk in the court of public opinion than it does in the court of law. As it stands now, the city’s biggest risk in the court of law is about $500,000. That’s approximately the amount of the tax dispute. But that amount

creates no real risk to the city’s finances. The $500,000 in disputed taxes have never been budgeted. It is not like the city will have to cut funding for something if it doesn’t receive it. (To be clear, not all the money would go to the city. Some would go to the county, and a special 1 percent sales tax that is charged in the district would theoretically be rebated back to the consumers who paid it.) Please see OREAD, page 2A

convention. Page 3A

INSIDE

Warmer Business Classified Comics Deaths

High: 68

Low: 52

Today’s forecast, page 10A

2A 7C-11C 12C 2A

Events listings Horoscope Opinion Puzzles

10A, 2C Society 7A Sports 9A Television 7A USA Today

6A 1C-6C 7A, 10A, 2C 1B-6B

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Just Food director

Douglas County food bank Just Food has announced that interim director Elizabeth Keever will permanently take over the position. Page 3A

Vol.158/No.58 28 pages


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