By Kelton Brooks
Special to The Hays Daily News
HUTCHINSON -- A Reno County judge ruled Monday that a Colorado man who has since served a 52-month sentence for indecent liberties with a child will receive lifetime post-release supervision.
District Judge Joseph McCarville stated in an opinion that Travis Nall, 24, has a prior record for several crimes, including a person felon. Nall took advantage of an unusually vulnerable victim, whom he was substantially older than. He used force and violence against the place of refuge where the victim sought protection and used deadly force in that attack and assaulted other persons.
"It is reasonable and not a violation of the constitution to impose lifetime post-release on this defendant as part of his sentence," McCarville noted.
Public defender Kelly Driscoll filed a motion Oct. 22 calling the statute "unconstitutional."
Nall pleaded guilty May 27, 2011, to one count of indecent liberties with a child, one count of aggravated burglary and one count of aggravated assault.
Nall was sentenced Aug. 23, 2011, to 52 months in custody of the secretary of corrections and ordered to serve 24 months of supervision after his release from prison. Kansas statute, however, indicates that someone convicted of a crime deemed "sexually violent," on or after July 1, 2006, "faces a mandatory period of post-release supervision for the duration of the person's natural life."
The incident surfaced in February 2011 after police were called to the 100 block of East Avenue C in South Hutchinson. There, two teenagers told police Nall, then 21, became angry after going there to find his 15-year-old girlfriend and not being allowed inside. He then choked the girl, and when the other two tried to intervene, Nall elbowed one youth in the face and pulled a pocketknife on the other.