Judge orders trial in Ottawa quadruple homicide - KCTV5

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Judge orders trial in Ottawa quadruple homicide

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The bodies of Andrew Stout, Steven White and Kaylie Bailey were discovered last spring at Stout's Ottawa farm. The body of Bailey's daughter, Lana-Leigh, was found several days later in a suitcase in a creek. The bodies of Andrew Stout, Steven White and Kaylie Bailey were discovered last spring at Stout's Ottawa farm. The body of Bailey's daughter, Lana-Leigh, was found several days later in a suitcase in a creek.
Franklin County Judge Thomas Sachse ordered Kyle Flack to stand trial on charges of capital murder, first-degree murder and a weapons violation in the deaths. Franklin County Judge Thomas Sachse ordered Kyle Flack to stand trial on charges of capital murder, first-degree murder and a weapons violation in the deaths.
OTTAWA, KS (KCTV/AP) -

A judge has ordered a 28-year-old Kansas man to stand trial in the deaths of three adults and an 18-month-old child.

Franklin County Judge Thomas Sachse ordered Kyle Flack to stand trial on charges of capital murder, first-degree murder and a weapons violation in the deaths. Flack's attorney, Ron Evans, declined to comment.

Vic Braden, a deputy attorney for the Kansas Attorney General's Office, said a decision will be made this spring on whether to seek the death penalty.

"Criminal litigation is a marathon, not a sprint, and today we took a step forward in the process," he said. "There's a lot to be considered [about the death penalty] when it comes to where the family stands on these things, so it's not something we do quickly or take lightly."

A forensic pathologist, firearms investigator and DNA specialists all took the stand Wednesday morning in the second and final day of the hearing.

The witnesses took the stand and described how the bodies of Andrew Stout, Steven White and Kaylie Bailey were discovered, what condition they were in and how they were killed in May of 2013 at Stout's Ottawa farm.

The body of Bailey's daughter, Lana-Leigh, was found several days later wrapped in a blanket in a suitcase in a creek near the Franklin County line.

Bailey and Stout were found inside a bedroom while White was found in a garage-type shed.

Testimony showed all four died of gunshot wounds, some of them multiple times to the head, face and upper body.

The medical examiner testified that Lana-Leigh may have suffered the most, as she did not die instantly.

But defense attorneys say the tests are inconclusive. The medical examiner nor the firearms expert could fully say what shotgun those bullets found at the scene came from.

Flack's attorneys say Stout shot White over an argument about rent and then he handed the gun over to Flack to finish the job.

The judge ruled Wednesday at a preliminary hearing that there was probable cause to try Flack on the murder and weapons charges, but not a charge of attempted rape prosecutors had sought. Flack was initially charged with raping Bailey, but the charge was later downgraded to attempted rape.

The judge tossed that charge, saying DNA evidence wasn't enough to support the charge.

Franklin County Prosecutor Stephen Hunting said prosecutors have significantly more evidence to be presented at trial, saying they presented enough evidence this week to get Flack bound over for trial.

"At a jury trial, there's a lot more evidence that will be presented," Hunting said.

Flack is scheduled for arraignment on April 22. Prosecutors must decide seven days later whether to seek the death penalty or not.

Flack's lead attorney is the head of the death penalty unit in the Kansas public defender's office.

To follow this case from the beginning and for the latest information, click here.

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