Congratulations2014 GRADUATES!Colby High School Brewster High School Golden Plains High School Heartland Christian School Thomas County Learning Center GraduationGraduation SectionSection InsideInside 75¢ Friday, May 16, 2014 COLBY Friday May 16, 2014 Volume 125, Number 78 Serving Thomas County since 1888 10 pages FFREEREE PPRESSRESS Landfill equipment approved By Heather Alwin Jumper said he doesn’t need a Colby Free Press heavy pickup, and a two-wheel [email protected] drive would be fine. Commissioner Paul Steele sug- The Thomas County landfill gested Jumper get proposals from may be getting a new pickup and area dealers, but to make sure he a front-end loader, assuming the does not take too much out of his budget will stretch that far. capital budget since the landfill Landfill Supervisor Larry wants to replace a front-end load- Jumper told county commission- er next year. ers at their meeting Monday that Jumper said he does want to one of his pickups had a bad fuel trade in one of their loaders or pump and would need about $800 perhaps sell it to another, smaller or $900 in repairs. Jumper said he landfill because they modified the fears the truck will require more machine to make it ideal for land- repairs, so he wants to get a re- fill use. placement. In other business, the commis- The commissioners asked sioners Jumper for details, and Jumper • Heard a report from Sheriff told them the 1998 pickup has Rod Taylor that gates are being about 160,000 miles on it. The left open on land east of town landfill uses it six days a week, he where the landowner allows walk- said. in hunting and fishing. Cattle have Commissioner Mike Baughn been getting out, Taylor said, so said he thought it would be worth he encourages people who use getting replacement bids if Jump- that land to make sure they close Walking trail launched er continues to have problems, as the gates. long as there is money in the de- partment’s capital outlay budget. See “LANDFILL,” Page 2 By Sam Dieter Colby Free Press [email protected] Day-long festivities Wednesday 2013 shooting marked the grand opening of the walking trail around the Colby Aquatic Park. “Thank you so much for being so proud of what we as a commu- case dismissed nity have accomplished,” said Sue Evans of the Thomas County Co- By Sam Dieter self,” Rork said. alition said before cutting a ribbon Colby Free Press Bowles survived the confronta- at the entrance of the trail. [email protected] tion and even drove back to his More than 50 people came out house after being shot, but he lost to listen to Evans as a dozen chil- The Logan County District all sight in his right eye where the dren occupied themselves on the Court has thrown out a case bullet entered. nearby playground. against a Logan County man who The differing accounts which The grand opening of the trail shot another in the eye last spring he and Collins gave officers of the commenced at the start of the day, after deciding the state could not incident came to light at the de- when people showed up bright prove he was not entitled to de- fendant’s preliminary hearing and and early at 6 a.m. to walk around fend himself. seemed to make all the difference the 2-2-mile loop. “His version of the facts was in the case. Bowles said he was Many community organizations more consistent with the evi- four or five feet away from Col- joined the city to set up the trail, dence,” Billy Rork said of his cli- lins when he was shot, while Col- the first of what could become a ent, William David Collins. lins maintained they were shoving system linking Colby neighbor- The court dismissed aggra- each other when the gun went off. hoods. The Active Community vated battery and criminal threat District Magistrate Judge Design Committee, a subgroup of charges filed against Collins after Mark J. Temaat agreed there was the coalition, started working on a he shot Desmond Bowles through enough evidence to bind the de- design to follow up on a goal the the right eye on March 5, 2013. fendant over to district court at the Thomas County Wellness Com- In several motions to dismiss the preliminary hearing on April 25 of mittee set in the 1970s to have a case, Rork, a Topeka-based at- last year. walking trail in town. torney, argued the state could not Bowles testified at the hearing The first cement for the trail was prove Collins took an unjustifi- that he was messing around and SAM DIETER/Colby Free Press able risk or specifically threatened drinking Crown Royal whiskey The Sons of the American Bowles during an argument near and Coca Cola before he decided See “TRAIL,” Page 2 Legion Honor Guard (top) the town of McAllaster on U.S. to visit Collin’s father Phillip Col- lent their services to help 40 between Winona and Wallace. lins, who lives about five miles open the Colby Walking Logan County District Attorney away. He drove his three wheeler Trail, raising the flags over Margaret Mahoney prosecuted the to the house when Collins pulled the entrance Wednesday case for the state. up beside him in a pickup truck, to morning. The three newly- Rork sought immunity for his tell him his father was not home, installed flagpoles (above) client based on the state’s “stand and ended up shooting him with a now have a U.S. and Kan- your ground” law, which protects .22 caliber revolver. sas flag flying over them, as someone from prosecution who is The stories differ at that point. well as a flag representing using force to defend themselves. Bowles maintained that he was the walking trail. Saman- The law would require Collins to shot from four or five feet away, tha Lindberg (left, at left), be following the law, not resisting and that the conversation did not Melissa Gepford, Connor arrest, and in a place they have go any further than Collins say- Schwanke and Brady Rose a right to be before they can use ing that his father was not home. braved incoming rain – for force to defend themselves. Collins shot him when he shut the a few minutes – with the Glenn D. Schiffner, chief judge three-wheeler off and got off so he plan to provide live enter- for Logan County District Court, could hear what the man was say- tainment for the opening ruled May 8 that the state failed ing, Bowles said. of the walking trail. A brief to establish that Collins was not “All I know is there was a gun downpour sent the major- entitled to self-defense. This led pulled out and he shot,” he said. ity of the guests home for to dismissal of the charges against “I just seen him pull a gun out of the afternoon. Well over 50 Collins, whose trial would have the truck.” people came to the ribbon- started Monday. But Collins remembers Bowles cutting for the trail. Their “The judge felt that the defen- getting off the three wheeler and kids learned the ropes at dant was entitled to defend him- grabbing him right before the the playground (above left) shooting, according to the officer built between the main loop who arrested him. Logan County of the trail and the Colby Aquatic Park Parking lot. See “SHOOTING,” Page 2 Page 2 Colby Free Press Friday, May 16, 2014 Area/State Weather Walking trail launched Wednesday Briefly From “TRAIL,” Page 1 Most recently, three flag poles were add- Committee, Kansas Health Foundation, Se- The deadline for Briefly is noon ed, and a ceremonial flag-raising took place curity Bancshares Inc., Dr. Floyd and Mary the day before. Items submitted in the poured two years ago this spring, and trees at 7 a.m. Wednesday. The Sons of the Amer- Smith and the Sunflower Foundation all do- morning will be set up for the following were planted along the loop just north of the ican Legion honor guard raised the U.S. and nated at least $20,000. Another 13 donors day, space available. The deadline for Aquatic Park. Since that time, a long list of Kansas flags and a banner with the walking- out of over 100 that the coalition credited Monday’s paper is noon Friday. improvements have been added to that first trail logo. altogether pitched in at least $2,500. section. Evans accepted a check for $2,500 from Diann Gerstner with the design commit- In time, the trail was extended until it Blue Cross Blue Shield at a luncheon tee finished up the lunch with a slide presen- Business block party stretched over two miles, south to Colby Wednesday at the college Student Union. tation on the trail. coming Wednesday High School and around Colby Community She thanked the college, along with three The ribbon cutting took place just after Join The Colby-Thomas County College. The playground was built near the other landowners, for giving the coalition five beneath some ominous-looking rain Chamber of Commerce for a Business entrance, along the edge of the pool park- the right to extend the trail onto their prop- clouds. People gathered under a tent nearby After 5 block party from 5 to 7 p.m. ing lot, with help from the city, Woofter erty. The others were Colby Public Schools; to hear the results of the Walk Kansas chal- Wednesday in the parking lot and lob- Construction and Irrigation and Farm- developer Wes Bainter, who bought land for lenge.