Probation violations put a former Hays man back in the Ellis County Jail, where he will serve a sanction for a little more than a month and then be released to finish his probation here.
Joseph Dolan, 33, was sentenced in May 2017 after pleading guilty to a felony count of obstruction of law enforcement, two counts of misdemeanor domestic battery and seven counts of misdemeanor battery for a July 1 incident that brought tactical response teams to a home near ongoing Wild West Festival events.
He was serving his probation in Ford County and doing well, his attorney, Kip Johnson, said during a hearing Thursday afternoon in Ellis County District Court. He was employed, had an apartment and was current on child support payments, Johnson said.
However, on Oct. 31, he purchased alcohol and drank it during the next few days. Johnson said Dolan had a toothache, but not having any health insurance, sought some pain relief from the alcohol to be able to sleep. For that, he was expelled from a Dodge City Oxford House — a network of support homes for men and women helping each other through sobriety — but living there was not a condition of his probation.
He missed several drug tests, but Johnson said it was due to scheduling conflicts with his work and he was able to make those up.
Drees said he was more concerned Dolan failed to show for three sessions of a batterer’s intervention program.
Dolan also tested positive for alcohol when he checked in to Ellis County for a two-day “quick dip” — a short jail term sanction for probation violations — for the Oct. 31 violation. He drank NyQuil before checking in as an attempt to sleep through the quick dip, according to court documents. Johnson said it was half a bottle; Drees said a whole bottle.
He was arrested for the violations in Dodge City on Dec. 11 and transported to the Ellis County Jail Dec. 17.
Johnson asked for a 30-day sanction followed by serving his remaining probation in Ellis County. Drees said the Kansas Department of Corrections had discussed a 60-day sanction.
District Court Chief Judge Glenn Braun said he had concerns about placing Dolan on probation.
“It’s ringing hollow. If all he’s going to do is give excuses, maybe he’s not a good candidate for probation,” Braun said.
But Braun did eventually agree to that, after Dolan serves another 36 days in Ellis County Jail, giving him a 60-day sanction with the 24 days he’s already been there.
Braun also ordered Dolan to apply to live in a Hays Oxford House. Should he be accepted, residence there will be a condition of his probation. While Oxford House Kratos, 2401 Lincoln Drive, is full right now, a second will be opening soon, court officials said.
A no-contact order with the victim will continue, but Dolan will continue to be allowed contact with his child through Northwest Kansas Community Corrections.
Dolan was arrested after a July 1 stand-off that involved the Hays Police Department Special Situation Response Team assisted by the Kansas Bureau of Investigation’s tactical response team in the 300 block of East Fifth while a concert was underway at the nearby Wild West Festival grounds.
A woman had gone to a neighbor’s house around 8 p.m. that night to call 911, saying she had escaped the house she shared with Dolan through a basement window after he allegedly choked her and threatened to kill her with a gun.
HPD negotiated with Dolan via text message, and he surrendered around 3:30 a.m. July 2.
He was sentenced to 36 months probation with an underlying 18-month prison sentence.