5 April 2023
GREAT BEND, Kan. (KSNW) — The sheriff of Barton County believes citizens are being put in danger by a Central Kansas Community Corrections policy. So on Wednesday, he went to the Barton County Board of Commissioners meeting to demand action.
According to Sheriff Brian Bellendir, the probation office lets people who fail urinalysis drug tests (UAs) go free.
“You can fail as many UAs as you want as long as you do not commit another crime, you show up for your meeting, and you admit that you were using a hard drug, methamphetamine, whatever you came up positive for. At that point, you’re back out on the street,” Bellendir told the County Commission.
“If these people are still using and out amongst the community, they have been turned loose on an unsuspecting public in the hopes that law enforcement will catch them,” he said.
Bellendir told the commissioners there needs to be accountability.
‘Life-threatening situation’
“It has become a life-threatening situation for the general public and for law enforcement,” he said, then listed three recent incidents where lives and property were endangered because of alleged drug users.
Bellendir said a woman driving an SUV on U.S. Highway 56 was hit head-on and suffered critical injuries. The driver of the other vehicle fled. He said the alleged driver is a client of community corrections with a lengthy criminal history.
“It is our belief the suspect fled the scene because he had methamphetamine on him,” the sheriff said.
In another case, the sheriff said someone stole the brass plug valve from an oil field tank battery causing 10,000 gallons of oil to spill on the ground. Bellendir said drug addicts sell the valves for cash. He said they arrested a suspect in the theft.
“Guess what. We found methamphetamine in the car. We arrested them for the possession of the methamphetamine, we arrested them for the theft, and we put them in jail,” he said.
The third incident happened early Saturday morning. Bellendir said someone fleeing from a Hoisington police officer allegedly shot at the officer and possibly at deputies who joined the pursuit. No one was hurt. Bellendir said the shooter got away, but deputies caught two others who had been in the car.
“Guess what. Two of the occupants of that vehicle were on community corrections. Guess what. We found methamphetamine in that car,” he said. “Now it’s not going to take a steel trap police mind here to be arresting these people for methamphetamine charges and not think they’re probably giving bad UAs at community corrections.”
Bellendir asked the commissioners to seriously consider the danger.
“What if that was your wife, husband, child who was struck head-on by a meth head? What if that was one of my deputy sheriffs if the angle of that gun would have been three degrees higher and the bullet went through the windshield? I’d be in here asking you to pay for a funeral. This has to cease in our county,” he said.
Sheriff’s promise
Bellendir said he has been a law enforcement officer since 1982.
“Barton County and Great Bend is awash in dope. This is the worst I have seen it,” he told commissioners.
He said he ran for sheriff in 2012, promising he would be tough on the drug problem. He says he has remained true to the oath he took. In 2012, the biggest problem was meth. He said that has now changed to fentanyl, cocaine and black tar heroin.
“I am the first one to stand here that will tell you I realize this is an addiction problem,” Bellendir said. “I realize these people need treatment, but there has got to be some accountability.”
He said he strongly supports the Oxford Houses in Great Bend because they help people recover from addiction and hold them accountable.
“You come up with a dirty UA in an Oxford House, you’re out,” the sheriff said. “You know why? You’re getting treatment, you’re getting rehabilitation, and there’s accountability.”
Community corrections policy
Bellendir said he took his concerns to the County Commission before Wednesday’s meeting. He also said he had spoken several times with the Central Kansas Community Corrections director.
He said he wants community corrections to limit how many UA tests a client can fail.
“All I want is a number. How many UAs can you fail? Two? Three? Four? Five? 20? I even compromised to the point and said, give them four — four bad UAs for methamphetamine. (Community corrections) wouldn’t do it, will not place a number on it,” Bellendir said. “That’s all I want. I want a compromise. I’m not in here demanding my way or the highway. I’m looking to compromise. I’m looking to make this system work.”
KSN News contacted Amy Boxberger, the director, after the commission meeting. She emailed that she was not at the meeting because the topic was not listed on the agenda.
“I am not able to make a statement at this time,” she wrote.
When we sent her some of the sheriff’s comments, she responded, “I will do research on these statements, and our agency will make a statement soon.”
The County commissioners said they took action after hearing the sheriff’s concerns a month ago.
“The community may want to know what we’ve done in that last month,” Commissioner Shawn Hutchinson said. “Well, I’ve done nothing but work on this for the last month, it feels like.”
Part of the issue is who has jurisdiction over community corrections facilities. KSN News reached out to the Kansas Department of Corrections. The public information officer said KDOC has no authority regarding the policies of county-run community corrections facilities.
The County Commission said it has been looking into its authorities. The Commission learned there is a policy advisory board for Community Corrections 20th Judicial District. Commissioners said the advisory board was fairly inactive, meeting quarterly and mostly about financial issues.
So, the Commission asked the advisory board to become more active, start meeting monthly, and review some policies.
The commissioners also learned there were three open seats on the board. They filled two of those seats and are looking for a third member.
Bellendir said an advisory board doesn’t have enough power and will take too long. He wants an immediate policy change.
“We don’t have time. Are we going to wait for an innocent civilian to get shot and killed? What if that woman on U.S. 56 would have been a fatality? What if a Hoisington police officer was dead, and I’m trying to figure out a funeral?” Bellendir said. “This is escalating in our community. We don’t have time for boards and meetings and planning and thinking.”
Patrick Hoffman, the county’s counselor, disagreed.
“It will take some time,” Hoffman said. “We didn’t get to this situation in Barton County overnight. We’re not going to solve it this morning.”
Other voices
When the commissioners asked if anyone in the audience wanted to comment, Lt. Dave Paden, Barton County Sheriff’s Office, spoke.
“The Hoisington officer who got shot at is my son,” Paden said. “So we are in a very, very dangerous line of work, and I get that. We deal with this stuff every day. It just kind of hits closer to home when it’s one of your kids.”
Another man who did not give his name said it is the responsibility of citizens and the government to protect law enforcement. He also said he thinks waiting for the advisory board could take months.
“I mean, we’ve got to start showing progress moving forward to help protect the people who protect us. That is our job, and that is especially your job sitting up there,” he said to the commissioners.
A Hoisington woman told commissioners that she moved to Barton County to avoid the drug problem in California. But then she lost her son to a fentanyl overdose. So she urged the County Commission not to wait.
“Whatever you do, I’m appealing, do it as quickly, as concisely as you can,” she said.
County Commission’s response
The County commissioners did not vote on a policy change. Instead, the Commission chair ended the topic by saying, “We’re on this.”
KSN News asked for clarification and got this response:
We take the Sheriff’s concerns seriously and the Board has already added more members to the advisory committee and that group will be meeting more frequently to discuss these issues. No immediate action was taken because the Board is still gathering information from all stakeholders and identifying all potential responses.”
Barton County Board of County Commissioners
“I understand we have a responsibility to addicts. I understand this is a disease. I understand this is not easy to conquer,” the sheriff said. “But I also, I have a responsibility to the people sitting in this audience so that their property isn’t getting stolen, they’re not getting caught in a running gunfight between law enforcement and meth heads, and that they’re not getting head-on on U.S. 56 Highway.”