An amended complaint filed by Stephen Hunting, Franklin County attorney, indicates prosecutors plan to pursue a Hard 50 prison sentence against the 28-year-old Ottawa man in connection with the deaths of Andrew Stout and Steven White. Prosecutors also amended the rape charge filed against Flack to one count of attempted rape, according to court document. A Hard 50 sentence means, if convicted of first-degree murder, Flack would not be eligible for parole for 50 years on each of the two counts.
The bodies of Kaylie Bailey, 21, Stout, 30, and White, 31, were discovered May 6 and May 7, 2013, at 3197 Georgia Road, west of Ottawa. Bailey’s body was discovered under a tarp in a detached garage, while the two men’s bodies were discovered inside the home, law enforcement officials said previously.
Flack has been charged in connection with those murders, as well as in connection with the death of Bailey’s 18-month-old daughter, Lana Leigh Bailey. The infant’s body was discovered about dusk May 11 in Osage County.
Flack was arrested by Franklin County Sheriff’s officers May 9 after being apprehended in Emporia. Law enforcement officials and prosecutors have not released details about the four deaths, but did say a firearm was used in the commission of the crimes. Flack also faces one count of criminal possession of a firearm.
“We will pursue the Hard 50 on the first-degree murder charges [in connection with Stout’s and White’s deaths],” Hunting said Friday evening. “We have limited our theory down to one theory, and that is Kaylie and Lana fall under the capital murder umbrella and Andrew Stout falls under the umbrella of first-degree murder.”
The original complaint listed Stout’s death under the capital murder count. White’s death already was listed in a first-degree murder count in the original complaint.
Hunting declined to comment why prosecutors were seeking the Hard 50 sentence for the two first-degree murder charges in the five-count amended complaint. The other three counts being capital murder, attempted rape and criminal possession of a firearm.
“We have not made the final decision yet on the death penalty,” Hunting said. “If [Flack] is bound over [for trial after the preliminary hearing], we will probably make that determination between the preliminary hearing and the arraignment.”
Prosecutors also amended a rape charge to attempted rape. In the amended document prosecutors allege Flack bound and gagged Kaylie Bailey, and removed her shorts and underwear with the intent of engaging in sexual intercourse against Bailey’s will but “failed in the perpetration thereof or was prevented or intercepted in executing said crime,” according to the court document.
Vic Braden, Kansas deputy attorney general, is leading the prosecution team in the case. The amended complaint comes as prosecutors and Ronald Evans, Flack’s court-appointed lawyer, prepare for Flack’s preliminary hearing, which is set to begin March 11 in Franklin County District Court, 301 S. Main St., Ottawa. District Judge Thomas H. Sachse is presiding over the case.
The complaint lists 40 potential witnesses that could be called to testify during the preliminary hearing. Hunting indicated as many as 800 names have been associated with the investigation.
“Those names are on the complaint because they have come up at some time during the course of the investigation, but it doesn’t necessarily mean they will be called to the stand to testify,” Hunting said.