By Lee White
Integrity is the basis for community trust. – Augusta Department of Public Safety motto
A former Butler County sheriff’s deputy, Michael Anthony Stone, resigned effective Saturday as a Marion police sergeant after I reported to his professional certification agency, the Kansas Commission on Peace Officer Standards and Training (Kansas C-POST), that he had been convicted of a domestic violence misdemeanor while living in California in 1995. Click here to read the story from the Marion County Record and here to read the story from The Associated Press. Click here to view the documents from Kern County, California, Superior Court.
As the Record’s story explains, I received a tip about the domestic violence conviction and partial expungement from a former Butler County sheriff’s deputy who first contacted me in 2008 regarding the death of Stone’s former wife, Becky. Click here to view the California statute Stone was convicted of violating and here to view the expungement statute, which has some limitations.
At the time of Becky’s death, which has been ruled a suicide, the Stones were living at 1110 N. Ohio Street in Augusta. According to an e-mail I received last week from Sheriff Kelly Herzet, the autopsy report on Becky Stone (click here to view it), and the newspaper account below, the Augusta Department of Public Safety (ADPS) and the Kansas Bureau of Investigation (KBI) handled the probe of the June 21, 2003, shooting death. The autopsy report indicates that one of the ADPS investigators who attended Stone’s autopsy was Michael Stueven, who lost his Kansas C-POST certification last year (click here).
I had never written about the Stone case until last summer when some of Becky’s friends and family members showed up to protest at a sheriff candidate meet-and-greet at Butler Community College (click here for KAKE-TV’s story). Augusta Department of Public Safety Director Tyler Brewer issued this statement concerning the case to the Butler County Times-Gazette days after the protest.
“Brewer advised investigators from Augusta say they spent an enormous amount of hours investigating the Stone case with the uppermost transparency. During the initial investigation, investigators had a forensic expert from the KBI assist them with the scene. After the conclusion of the investigation, Augusta officials had investigators from the Wichita Police Department Homicide Unit, specifically Kenny Landwehr, and the head of the cold case squad from the KBI review the case, and their analysis determined the cause of death was suicide. Also the Sedgwick County Forensic Center, the Butler County Coroner, and the Butler County attorney reviewed the case and concurred with Augusta’s findings. In addition, the victim’s family attorney and a special investigator that the family had hired reviewed the case. They too came to the same conclusion as did Augusta and other investigators enlisted to review the case.” — Butler County Times-Gazette, July 20, 2016
If we are to take Brewer at his word, then, all these individuals and agencies reviewed the case and either missed the existence of the California domestic violence case against Michael Stone or discovered it and didn’t let Kansas C-POST know about it. Regardless, Stone remained a cop for 14 years following the death investigation.
That’s a question I think Brewer needs to answer. I asked him in the same e-mail I sent to Sheriff Herzet whether his department learned about the domestic violence case as part of the death investigation. If he doesn’t want to answer to me, then maybe he needs to answer to Augusta City Manager Josh Shaw, who also got a copy of the e-mail, or to the Augusta City Council, which allocates 28 cents of every property tax dollar to public safety, according to this story on augustaleader.com.
We may never know what really happened to Becky Stone that first night of summer 2003. The official version is “suicide” and, as I told the Marion newspaper, I haven’t discovered anything to contradict that finding. What I have found, however, is that the only individual besides Becky known to have been present at 1110 N. Ohio that night shouldn’t have been a deputy and that the gun that fired the fatal shot — a gun Herzet says remains in the custody of the ADPS to this day — shouldn’t have been there either.
If Brewer’s investigators didn’t find that out, what else might they have overlooked? And if they did find that out and said nothing to C-POST, well, what does that say about how seriously the ADPS takes its motto?
These are good questions and the people deserve good answers.