“After reviewing the evidence provided to us, we had questions concerning whether or not we had enough evidence to sustain burden of proof in court proceedings,” Stephen Hunting, Franklin County attorney, said Wednesday afternoon.
Mark Sherman, 29, Ottawa, was convicted in 2010 in the killing of Sky Cadarette. District Judge Thomas H. Sachse sentenced Sherman to 52 months in prison for involuntary manslaughter, and an additional eight months for criminal possession of a firearm, according to court documents and Herald archives.
He was released from prison in January 2013 and now is on post-release supervision, according to the Kansas Department of Corrections.
Ottawa police arrested Sherman at 8:08 p.m. Monday in the 500 block of South Cedar Street on suspicion of domestic battery, according to a police report.
Though it appears Sherman has not yet served his full 60-month prison term, Hunting said the time disparity potentially could be explained by such factors as time already served — including time Sherman served in the county jail before and during his 2010 trial — and credit for good behavior during his state prison stay.
Sherman’s post-release supervision ends March 1, essentially making him a free man Saturday, Jeremy Barclay, special assistant to the secretary/communications director at the Kansas Department of Corrections, said Wednesday.
Though Sherman isn’t facing court-mandated consequences for his recent arrest, he has made an appointment for therapy, Rose Rice, a parole officer at the Ottawa Parole Office, said.
If Sherman’s post-release supervision was not ending so soon after his arrest this week, Barclay said, Sherman could have faced additional penalties for being arrested during his probationary period.
“Everything from a deduction of post-release good time, where they earn a certain amount of time off for socially acceptable behavior, so that could [have been] removed and made his post-release supervision longer, or all the way up to we send him back to a facility if it’s that egregious of an offense,” Barclay said.
Because Sherman’s post-release supervision expires Saturday, the department of corrections has no legal means to keep him in custody or force consequences, Barclay said.