Attorney explains potential legal considerations in deadly Stryker Sports Complex crash
By Hannah Moore
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WICHITA, Kansas (KAKE) — A Wichita attorney with more than 50 years of experience said the driver’s release was swift after a deadly crash at Stryker Sports Complex, with Wichita police releasing the driver early Sunday, Oct. 19, less than 12 hours after the crash.
On Saturday, Oct. 18, the Wichita Police Department said a 34-year-old woman from Garden City drove onto a soccer field at Stryker Sports Complex, killing 6-year-old Cole Adrian and 35-year-old Nicholas Schafer, as well as injuring 10 others. The department added the woman was released between 1 and 2 a.m. Sunday, Oct. 19, after being interviewed, pending toxicology testing and a mechanical examination of the vehicle involved in the crash.
“It seems like it all happened awfully quickly that she was released without charges, where in many cases people would be held during that time,” Attorney Charles O’Hara said.
O’Hara said he does not know the facts or evidence in the case and has no reason to believe law enforcement “dropped the ball,” but added that more communication from the Wichita Police Department could have addressed public concerns and prevented misinformation from spreading.
“Had law enforcement been a little more open in what they said and what’s going on, because I don’t think it’s going to taint anyone to say some things about what happened out there that they understood, would have helped a lot of people,” O’Hara said. “I wish they’d been a little more communicative, I guess, for lack of a better term.”
O’Hara said Kansas procedure allows up to 48 “legal hours”, excluding weekends, to keep a person in custody before a probable cause is determined. Typically that person is brought before a judge promptly afterward.
“What probable cause means is there’s some evidence that a crime was committed, if believed, and some evidence that the person did that crime, if believed,” O’Hara said. It doesn’t mean that’s enough to convict you. If it’s a true accident, there aren’t criminal charges.”
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O’Hara said whether someone is arrested, held or released depends on the specific facts of the case. Criminal intent is generally required to file charges. Investigators will look for evidence, conduct toxicology tests and, in crash cases, examine a vehicle’s mechanical condition and retrieve data from its “black box.”
O’Hara said that, typically, the assigned department will investigate a case and bring its findings to the district attorney’s office.
“In a normal case, the Wichita Police Department investigate and bring an affidavit of probable cause to an attorney assigned to look at those charges,” O’Hara said. “That attorney will see what they think are the criminal charges that should be filed … and make a complaint information and take that to a judge, and the judge will review the probable cause affidavit and the charges. If the judge agrees that they fit, they would issue a warrant or they can ask that person to come in.”
If there is evidence of recklessness, impairment, or something similar with criminal intent, O’Hara said that would support serious charges, such as manslaughter or vehicular homicide.
The Wichita Police Department provided KAKE News with a statement early Tuesday afternoon:
“We understand the public’s interest in this case and the desire for answers, especially given the tragic loss of two lives and the impact this incident has had on their families and our community.
This remains an active and ongoing investigation. As previously shared, investigators consulted with the Sedgwick County District Attorney’s Office, and the decision was made to release the driver while investigators await toxicology results and the vehicle examination report. Our investigators continue gathering and evaluating evidence, and the investigation remains open.
We will continue to provide updates as additional facts are established and can be released.
Our responsibility is to conduct a thorough, impartial investigation based on facts and evidence, not rumors, speculation or public pressure. That responsibility has not changed, and neither has our commitment to the victims, their families, and our community.”
The Sedgwick County District Attorney’s Office said in a statement:
“The Sedgwick County District Attorney’s Office has completed the initial review of the October 17 crash at Stryker Sports Complex currently under investigation by the Wichita Police Department (WPD).
Our thoughts are with everyone affected by this incident. We recognize the community’s interest in this matter and urge patience as the investigation continues.
The Wichita Police Department remains the lead investigative agency. The District Attorney’s Office will continue to refer all media inquiries regarding the incident to WPD until a formal charging decision has been made. There is no timeline for a charging decision. The decision will depend on the completion and review of all relevant investigative materials, including toxicology results and the vehicle examination.
This matter remains our priority. When additional information is available and appropriate to share, we will provide an update to the community. Until then, the only verifiable information regarding this investigation is information released directly by the Wichita Police Department.”
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