Details for Case No. 16CV-153

(Published in The Hays Daily News November 3, 2016)

IN THE DISTRICT COURT OF ELLIS COUNTY, KANSAS

CIVIL DIVISION

STATE OF KANSAS, ex rel.

KANSAS HIGHWAY PATROL,

Plaintiff,

v. Case No. 16CV-153

$34,300 in U.S. Currency, more or less;

ONE BABY DESERT EAGLE PISTOL

s/n:BE000185;

ONE LG CELL PHONE;

ONE SAMSUNG GALAXY S7

Defendants,

_____________________________________________

Pursuant to the Kansas Standard Asset Seizure and Forfeiture Act K.S.A. 60-4101 et seq.

NOTICE OF PENDING FORFEITURE

Pursuant to K.S.A. 60-4109

NOTICE IS HEREBY GIVEN that the above-captioned property has been seized and is pending forfeiture to the state of Kansas pursuant to the Pursuant to the Kansas Standard Asset Seizure and Forfeiture Act K.S.A. 60-4101 et seq. If you have not previously received a Notice of Seizure for Forfeiture, this is notice pursuant to the Act. The currency, pistol, and cellphones were seized by the Kansas Highway Patrol on or about October 25, 2016 at mile marker 150 on I-70 in Ellis County, Kansas. The value of the property has been set at $34,300 more or less. The conduct giving rise to forfeiture and/ or the violation of the law alleged is: the property is the proceeds and/ or was intended to be used to facilitate and/ or was intended for an exchange for controlled substances, all violations of offense(s) involving controlled substances, and all act(s) giving rise to the property’s forfeiture. The property is presumed forfeitable because it was in close proximity to controlled substances.

Should you believe you have a true ownership interest in the seized property, you may do either of the following (1) File a verified claim with the Court, sending copies to the Plaintiff’s Attorney and the Seizing Agency; or (2) Do nothing.

You may also wish to consult with an attorney before deciding what is best for you. However, if no valid claim is timely filed within thirty (30) days of your service of this Notice, your interest in the seized property, if any will be forfeited. Any claim shall comply with the strict requirements of true ownership documentation, as set out in K.S.A. 60-4111.

You should be aware that it is a crime to falsely allege an ownership interest in property or to provide other false information in a claim. Further, pursuant to K.S.A. 60-4116(f), any claimant who fails to establish that a substantial portion of the claimant’s interest is exempt from forfeiture may be responsible to pay reasonable costs, expenses and attorney fees of other claimants and the State.

This notice seeks claims to the seized property only. Should a valid claim(s) be timely filed, as may be determined by the Court upon motion of the State, the State will respond with a judicial petition for forfeiture, and this matter will proceed to trial.

The law enforcement agency’s copy of your claim should be mailed to:

Kirk E. Simone, Asset Forfeiture Coordinator, Troop N/DHET, Kansas Highway Patrol, 3501 N.W. Highway 24, Topeka, Kansas 66618

The original claim for the Court should be mailed to:

Clerk of the Ellis County District Court, P.O. Box 8, Hays, Kansas 67601-0008.

__________________

Christopher Lyon

Assistant Ellis County Attorney

107 W. 12th

Hays, KS 67601

Phone: 785-628-9405

rkkeener@elliscountyattorney.net

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