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.