Pubdate: Thu, 15 Mar 2007
Source: Hays Daily News, The (KS)
Copyright: 2007 Hays Daily News
Contact:  http://www.dailynews.net/
Details: http://www.mapinc.org/media/1756
Author: Phyllis J. Zorn

CLARIFICATION OF LAW AFFECTING MURDER CASE

The Legislature's definition of an inherently dangerous felony 
resulted in a scaled-up murder charge against a Hays man charged with 
causing an overdose death.

David S. Knapp, 46, 2400 E. Seventh, No. 15, was charged Thursday in 
Ellis County District Court with first-degree murder in the death of 
Frank Allen Brown. Brown, 46, Gorham, was found dead in a room at 
Budget Villa motel on Oct. 31. According to the complaint filed in 
court, Knapp allegedly provided fentanyl to Brown, leading to Brown's 
death from an overdose.

According to Ellis County Attorney Tom Drees, if Brown's death had 
occurred under different circumstances, the charge against Knapp 
would have been less severe. The first-degree murder charge is a 
result of Knapp allegedly providing an opiate drug to Brown. 
Distribution of opiate drugs is part of the inherently dangerous felony law.

"If the death results from the actions listed in the law that defines 
an inherently dangerous felony, then it qualifies as a first-degree 
murder," Drees said. "You can qualify for first-degree murder in 
Kansas under two theories. The first is premeditation. The second is 
in the course of an inherently dangerous felony."

The list of inherently dangerous felonies includes kidnapping, armed 
robbery, rape, aggravated sodomy, felony theft, burglary, arson, 
child abuse, treason, distribution of marijuana, opiates or 
hallucinogens, manufacture of drugs, drive-by-shooting, endangering 
the food supply, fleeing or attempting to elude an officer, or 
endangering a child in the manufacture of methamphetamine.

"You don't have to set out to kill anybody," Drees said.

"If you commit the act and someone dies as a direct result, that gets 
you into the category of first-degree murder," Drees said. "But there 
has to be a connection between the felony act and the death."

Knapp also is charged with distribution of fentanyl to two people 
besides Brown, possession of cocaine and aggravated intimidation of a 
witness, all stemming from the same event.

District Judge Ed Bouker on Thursday set bond at $500,000 and 
appointed Paul Oller and Kip Johnson to represent Knapp.

Preliminary hearing for Knapp is set for May 2.

Ellis County Undersheriff Bruce Hertel noted that the Hays and Ellis 
County drug task team has seen an increase in the abuse of fentanyl.

"Fentanyl seems to be on the rise around here for abuse, and 
OxyContin's been on the rise for probably the last year," Hertel 
said. "We've seen more and more of it. It's very dangerous. It's one 
of those things that if you take just a little bit, it could kill you 
if you take it wrong or take it all at once. It's a very dangerous 
narcotic. I'd like to tell kids just stay away from it. One time, 
they can be dead."

If Knapp ultimately is convicted as charged, his sentence will be 25 
years to life.
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