TOPEKA, Kan. (WIBW) — For roughly 20 minutes on Thursday, a 19-year-old man charged with murder in the shooting death of a Washburn University football player conferred with his defense attorney, then decided she would continue to represent him.

Defendant Francisco A. Mendez in April had filed a motion seeking to replace his defense attorney, KiAnn Caprice, whom Mendez had asked the judge to replace Caprice, saying she had failed “to provide the defendant effective’ assistance of counsel.”

In the hand-written motion, Mendez said a “significant breakdown” in communication between Mendez and Caprice had occurred, and there was an “irrevocable breakdown” in the attorney-client relationship, that she failed to investigate Mendez’ case in his best interest, and she hadn’t filed meritorious motions in his behalf.

The prosecutor, a 13NEWS reporter, and two other observers were instructed by the judge to leave the courtroom on Thursday to allow Mendez and Caprice privacy.

When court re-opened to the public, Mendez, through Caprice, apologized for his conduct during an earlier hearing when he made “inappropriate” remarks about Caprice.

Mendez also withdrew his motion seeking a new defense lawyer.
Caprice said the defense would hire an investigator to examine questions Mendez has.

The COVID-19 pandemic and social distancing lurked Friday on the fringes of planning the Mendez trial.

Shawnee County District Court Judge Cheryl Rios broached the idea of conducting jury selection outside the Shawnee County Courthouse and in a larger room so prospective jurors wouldn’t be so close together when the jury is chosen.

In pre-pandemic times, people chosen for jury duty sat shoulder-to-shoulder in rows adjacent to each other in a courtroom as they answered questions. Then if chosen for duty, they sat in a jury box a few feet apart for up to eight hours a day.

On Thursday when spectators entered the courtroom, court personnel directed them to sit in rows that weren’t closed with yellow emergency tape, and people wore masks and exercised social distancing of at least 6 feet between each other.

People conducting business in Shawnee Shawnee District Court offices and courtrooms must wear masks.

On Thursday, Rios said no jury trials would be conducted during the summer months due to the pandemic and orders issued by the Kansas Supreme Court. The courthouse re-opened to the public on Monday after it was closed for three months since mid-March.

The Mendez trial is scheduled to start on October 26, and the ending date is up to November 20. It isn’t expected the trial will require almost a month.

Pre-trial hearings will be conducted on September 4 and 25.

Mendez is charged with offenses on April 28, 2019, of:
• Premeditated first-degree murder of Dwane Simmons, 23.
• Attempted first-degree murder of Corey Ballentine, who was wounded.
• Three counts of attempted first-degree murder of Channon Ross, Kevin Neal and James Letcher, who were with Simmons and Ballentine.

The five men were Washburn University football players. Of the 12 charges Mendez faces, five are tied to events on April 28, 2019.
Ballentine played the 2019-2020 season on the New York Giants football team.

Of the 12 charges he faces, Mendez also is charged with two aggravated robberies on April 27, 2019, in what is referred to as the “Central Park robbery.”

Mendez is also charged with five aggravated robberies on April 30, 2019.

According to testimony during Mendez’s preliminary hearing, Ballentine, Simmons and three other members of the WU football team were standing at S.W. 13th and Lane celebrating Ballentine’s good fortune to be drafted into professional football when Ballentine and Simmons were shot.

An 18-year-old woman has been charged with murder following the death of a teenager in Fife.

Joshua Kerr, 18, died following a collision between a pedestrian and a car near Leslie on Friday.

Grace Ross, of Glenrothes, appeared in private in Falkirk Sheriff Court on Monday.

She made no plea to a charge of murder and was released on bail.

Her case was continued for further examination and the date of her next appearance is yet to be confirmed.

Joshua suffered serious injuries in the incident near Little Balquhomrie Farm and was pronounced dead at the scene.

Emergency services rushed to his aid following a report of a collision involving one vehicle and a pedestrian at around 11.10am.

Joshua’s parents Jamie Simpson and Angela Kerr later paid tribute to him in a statement which said: “His mum, dad, little brother and anyone that ever knew Josh will never forget him.

“He was the perfect person and we will forever love him.”

Joshua was a talented pool player, having represented Scotland, and an ardent Raith Rovers supporter.

A spokesman for Raith Rovers Football Club, where he was a season ticket holder, said everyone was devastated to hear about the tragedy.

In a statement, the club said: “The thoughts of everyone at RRFC are with the family at this sad time.

“Always willing to help others, Josh, alongside his mum Angela, also helped out in hospitality at Raith Rovers during the season just ended.”

A donations page set up by Joshua’s friends at the Ciswo Snooker League to help his family during their grief had raised more than £3,000 by Monday afternoon.

A Massachusetts youth hockey coach has been arrested on charges of sexually assaulting a player on his team, starting when the player was 14, police in Dracut said Monday.

Allen Pereira, 59, of Woburn, was arrested Sunday following an investigation by Dracut Police, the department said in a news release. Pereira was charged with three felony counts of indecent assault and battery on a person age 14 or over.

The investigation showed that Pereira was employed by a private youth hockey organization in Dracut during the alleged incidents, police said.

Pereira is alleged to have inappropriately touched the victim, who was unidentified, over the course of several years, starting when the victim was 14. The victim was also coerced to performing sexual acts on Pereira, according to police.

As of Tuesday, the suspect remained in the hospital and had yet to be arraigned.

Pereira worked at the pro shop at Breakaway Hockey Dek & Sports in Dracut, in addition to coaching a youth travel street hockey team that played and practiced at the facility.

“He was friendly, nice guy,” said Dan Braga, who plays hockey at the arena. “It just really is awful and I don’t know what you can do to prevent that from happening when you hire someone. You don’t know unless, I guess, they have a record. It’s a sad situation.”

Pereira was hired at Breakaway in 2011, and he worked up until about five months ago when a parent came forward with an allegation of abuse and then went to police, according to Breakaway’s owner, Casey Corcoran.

“We were made aware of the allegations and we took them very seriously,” Corcoran said in a statement. “We took quick corrective action.”

Pereira was fired.

“He’s been in my house a thousand times,” said a longtime tenant and friend of Pereira who did not want to be identified. “You think I’d have a pedophile in my house?”

It’s unclear how old the alleged victim is now.

“The suspect is alleged to have inappropriately touched the victim and allegedly tried to coerce the victim into performing sexual acts on him,” said Dracut Police Chief Peter Bartlett.

Police are asking anyone who may have more information on this case, or the suspect himself, or if there may be any other victims to come forward, as detectives continue to build their investigation.

Pereira was arrested on Sunday and will be arraigned in Lowell District Court on three felony charges of indecent assault and battery. It was not immediately clear if he had an attorney.

SALT LAKE CITY — Prosecutors have now filed formal criminal charges against a University of Utah player accused of physically barring a high school student from leaving his apartment and then raping her.

Terrell Maurice Perriman, 20, was charged in 3rd District Court Friday with rape, a first-degree felony, and aggravated kidnapping, a third-degree felony.

A 17-year-old girl told police she met Perriman on Instagram and the two began chatting through texts and Snapchat. On Jan. 23, Perriman sent an Uber to pick her up and take her to his downtown apartment, according to charging documents.

Police say Perriman took the girl into his bedroom, then eventually closed the door and began talking to her about having sexual intercourse with him.

The teen said she did not want to have sex, told Perriman that he was making her uncomfortable and said she wanted to leave, according to the charges.

Perriman took the girl’s cellphone, “then stood in front of the door with his arms crossed and told her that she could not leave” until she had sex with him, the charges state.

The girl told police that Perriman briefly left to talk to a roommate and she tried to leave but Perriman “barred the way.”

“Perriman covered (the girl’s) mouth with his hand and (she) tried to bite him,” the charges state. He then allegedly threw her on the bed “and told her she was not leaving” before undressing her and raping her.

Afterward, Perriman called for an Uber to take her home, police say.

The 17-year-old also told police she saw a Taser in the bedroom and feared he would use it on her.

Prosecutors have requested a $500,000 bail for Perriman, who is being held in the Salt Lake County Jail. “The defendant has no ties to Utah, has been suspended from the University of Utah, has been evicted from his residence and has no means or support to stay in the state, making him a flight risk,” the court documents state.

In 2018, Perriman, of Miami, played in two U. football games on special teams and at wide receiver before he redshirted. He played in 10 games during the 2019 football season.

U. head football coach Kyle Whittingham issued a statement saying Perriman was “suspended from all team activities.”

“Obviously, this does not reflect the values and standards of our program and we will continue to monitor the situation as it moves through the legal process,” he said.

Mark Harlan, the university’s director of athletics, called the allegations “disturbing and difficult to read.”

“We have more than 500 student-athletes who proudly and deservedly represent the University of Utah with character, integrity and kindness and we will not allow the alleged actions of anyone to define who we are and what we are about,” Harlan said. “We will continue to educate our student-athletes on appropriate conduct, decision-making and consent.”

Salt Lake police said in cases like these there are often other victims and encouraged anyone who may have been a victim to call police victim advocates at 801-580-7969.

A youth hockey coach in Massachusetts sexually assaulted a teen on his team during a several-year span, police said.

Allen S. Pereira, 59, of Woburn, was arrested Sunday on three felony counts of indecent assault and battery on a person age 14 or over, Dracut police announced Monday.

Pereira, who worked at a private youth hockey league in Dracut, allegedly victimized the teen for several years, beginning when the boy was a 14-year-old player on his team.

Police said Periera is accused of inappropriately touching the victim and trying to coerce the teen into touching and performing sex acts on him.

Additional details regarding the hockey league where Pereira coached during the alleged incident were not provided by police.

But the owner of Breakaway Hockey Dek & Sports in Dracut told WCVB that Pereira coached street hockey there, beginning in 2011. He also coached a traveling team that played at the indoor hockey rink and sports facility before he was fired five months ago when the victim’s mother reported the accusations.

“We were made aware of allegations and we took them seriously,” owner Casey Corcoran told the station in a statement. “We took quick corrective action. Other comments should be directed to an ongoing investigation.”

The victim later contacted cops about the accusations, the Lowell Sun reports.

“The victim wanted to tell their story,” Police Chief Peter Bartlett told the newspaper. “At that point, once the investigation went this direction, that’s when the detectives decided that it was in the best interest of the case to try Mr. Pereira with the three counts.”

Pereira is expected to be arraigned Tuesday in Lowell District Court. An investigation into the coach is ongoing and anyone with additional information is asked to contact cops, Bartlett said.

“This case is something we are going to be vehemently investigating and we would encourage anyone with information relative to this case or the suspect to contact our detectives,” the chief told the newspaper.

Thursday, January 23rd, 2020

By Leslie Gartrell

FORT RECOVERY – A Fort Recovery High School graduate and former softball player is the third person to be arrested and charged in connection with the murder of a Portland, Indiana, man, according to a Jay County prosecutor’s news release.

Hannah Knapke, 18, Fort Recovery, was arrested in connection to the Jan. 12 murder of Shea Briar, 31, Portland, Indiana. Investigators reportedly flew to Marshalltown, Iowa, to interview Knapke on Jan. 14.

Last week, former Fort Recovery High School head softball coach Esther Stephen, 31, and former assistant softball coach Shelby Hiestand, 18, both of Portland, were arrested and charged with Briar’s murder. Briar and Stephen were involved in a legal dispute over a shared child, according to court documents.

Knapke graduated from Fort Recovery in 2019 and played softball while Stephen was coach. According to a probable cause affidavit, Stephen and Hiestand met with Knapke in a church parking lot to tell her of their plan to murder Briar and asked to borrow her car. Knapke reportedly consented.

During interviews with investigators on Jan. 14, Stephen and Hiestand reportedly admitted they had conspired to kill Briar. According to the affidavit, Stephen was angry because Briar had petitioned the court on Nov. 12 to establish parenting time rights for their child and had asked the court to change the child’s last name.

Stephen filed an objection to the petition on Nov. 22, claiming Briar had “not been an active participant before birth or after birth of the minor child” and had been absent from their daughter’s life, according to the filing. A hearing had been scheduled for Feb. 2.

Stephen and Hiestand told investigators they had gone to Hiestand’s residence at 1391 West 200 N. to pick up a .22 rifle and ammunition, according to the affidavit. The two reportedly dropped off Stephen’s child with a friend late in the evening on Jan. 11.

Knapke reportedly told investigators she met with Stephen and Hiestand in a church parking lot in Portland around 10:30 p.m. Jan. 11. While at the church, Stephen and Hiestand discussed with Knapke their plan to kill Briar, according to the affidavit.

Stephen and Hiestand reportedly asked to use Knapke’s vehicle in case someone saw Briar getting into the vehicle because Knapke had no known connection to him. According to the affidavit, Knapke agreed to let them use her car with full knowledge that Stephen and Hiestand planned to kill Briar.

Around midnight, Stephen called Briar asking if he wanted to “hang out,” according to the affidavit. The women reportedly picked up Briar from his residence before driving to a bridge on County Road 125 W. in Jay County. Stephen told investigators that “she was to distract (Briar) so that (Hiestand) could remove the .22 rifle from the back of the vehicle” and shoot Briar.

After arriving at the bridge, everyone got out of the vehicle, and Stephen and Briar began to walk away from the vehicle, according to the affidavit. Knapke was reportedly standing near Hiestand when Hiestand shot Briar in the back.

Authorities reportedly found Briar injured on County Road 125 West near County Road 850 North shortly before 2 a.m. Jan. 12, according to the affidavit. Jay County Prosecutor Wesley Schemenaur said a motorist had called 911 after seeing an apparently injured man in the roadway.

Briar was transported to Adams Memorial Hospital in Decatur, Indiana, where doctors confirmed he had been shot in the back, according to the affidavit. He later was transported to Lutheran Hospital in Fort Wayne, Indiana, where he was pronounced dead between 5 and 6 a.m., according to Schemenaur.

The affidavit said preliminary autopsy results indicated the cause of death was a gunshot wound that entered his right mid-back and penetrated his heart.

Stephen and Hiestand both pleaded not guilty to an unclassified felony charge of murder on Friday in Jay County Circuit Court. The two appeared for their initial court hearings by videoconference from the jail.

Judge Brian Hutchinson said if convicted, Stephen and Hiestand could each face 45 to 65 years in prison with a recommended penalty of 55 years and a maximum fine of $10,000. Stephen and Hiestand’s cases are scheduled for a pretrial hearing at 2 p.m. March 30. They continue to be held without bail in the Jay County Security Center. An initial hearing has not been set for Knapke.

The investigation was conducted by the Jay County Sheriff’s Department with assistance from the Indiana State Police, the Portland Police Department, the Dunkirk Police Department and the Jay County Prosecutor’s office.

Fort Recovery Superintendent Larry Brown placed both coaches on immediate paid administrative leave on Jan. 14. The women were directed to refrain from any contact and/or communications with district students, according to the documents.

Brown last Friday released a statement saying the district “will proceed with termination action” for the 2020 supplemental contracts of Stephen and Hiestand tonight at the advice of the district’s legal counsel. The Fort Recovery board of education meets at 5:30 p.m. in the board conference room.

“As part of the termination process, the superintendent will report the reasons for termination to the Ohio Department of Education for disposition consideration of any licenses, certificates or pupil activity permits,” the statement reads. “This termination will also suspend the full amount of their supplemental contract payments of $3,894.66 and $2,225.52, respectively.”

The payments would have been paid at the end of the softball season had the two coaches worked the entire season, according to the statement.

Off-season conditioning activities resumed for softball players on Wednesday under the supervision of volunteer coaches, per the statement.

“The student-athletes on this year’s softball team have met multiple times, this week, with our school counselor, the athletic director and the high school principal to share their collective thoughts,” according to Brown’s statement. “On behalf of our players, athletic department and our schools; the administrative team would like to thank those individuals who supported all of the necessary actions of the schools during this unfortunate non-school related event. It is also our hope that everyone will support the 2020 FRHS Softball Team by attending their games and events.”

Thursday, January 23rd, 2020

By Leslie Gartrell

FORT RECOVERY – A Fort Recovery High School graduate and former softball player is the third person to be arrested and charged in connection with the murder of a Portland, Indiana, man, according to a Jay County prosecutor’s news release.

Hannah Knapke, 18, Fort Recovery, was arrested in connection to the Jan. 12 murder of Shea Briar, 31, Portland, Indiana. Investigators reportedly flew to Marshalltown, Iowa, to interview Knapke on Jan. 14.

Last week, former Fort Recovery High School head softball coach Esther Stephen, 31, and former assistant softball coach Shelby Hiestand, 18, both of Portland, were arrested and charged with Briar’s murder. Briar and Stephen were involved in a legal dispute over a shared child, according to court documents.

Knapke graduated from Fort Recovery in 2019 and played softball while Stephen was coach. According to a probable cause affidavit, Stephen and Hiestand met with Knapke in a church parking lot to tell her of their plan to murder Briar and asked to borrow her car. Knapke reportedly consented.

During interviews with investigators on Jan. 14, Stephen and Hiestand reportedly admitted they had conspired to kill Briar. According to the affidavit, Stephen was angry because Briar had petitioned the court on Nov. 12 to establish parenting time rights for their child and had asked the court to change the child’s last name.

Stephen filed an objection to the petition on Nov. 22, claiming Briar had “not been an active participant before birth or after birth of the minor child” and had been absent from their daughter’s life, according to the filing. A hearing had been scheduled for Feb. 2.

Stephen and Hiestand told investigators they had gone to Hiestand’s residence at 1391 West 200 N. to pick up a .22 rifle and ammunition, according to the affidavit. The two reportedly dropped off Stephen’s child with a friend late in the evening on Jan. 11.

Knapke reportedly told investigators she met with Stephen and Hiestand in a church parking lot in Portland around 10:30 p.m. Jan. 11. While at the church, Stephen and Hiestand discussed with Knapke their plan to kill Briar, according to the affidavit.

Stephen and Hiestand reportedly asked to use Knapke’s vehicle in case someone saw Briar getting into the vehicle because Knapke had no known connection to him. According to the affidavit, Knapke agreed to let them use her car with full knowledge that Stephen and Hiestand planned to kill Briar.

Around midnight, Stephen called Briar asking if he wanted to “hang out,” according to the affidavit. The women reportedly picked up Briar from his residence before driving to a bridge on County Road 125 W. in Jay County. Stephen told investigators that “she was to distract (Briar) so that (Hiestand) could remove the .22 rifle from the back of the vehicle” and shoot Briar.

After arriving at the bridge, everyone got out of the vehicle, and Stephen and Briar began to walk away from the vehicle, according to the affidavit. Knapke was reportedly standing near Hiestand when Hiestand shot Briar in the back.

Authorities reportedly found Briar injured on County Road 125 West near County Road 850 North shortly before 2 a.m. Jan. 12, according to the affidavit. Jay County Prosecutor Wesley Schemenaur said a motorist had called 911 after seeing an apparently injured man in the roadway.

Briar was transported to Adams Memorial Hospital in Decatur, Indiana, where doctors confirmed he had been shot in the back, according to the affidavit. He later was transported to Lutheran Hospital in Fort Wayne, Indiana, where he was pronounced dead between 5 and 6 a.m., according to Schemenaur.

The affidavit said preliminary autopsy results indicated the cause of death was a gunshot wound that entered his right mid-back and penetrated his heart.

Stephen and Hiestand both pleaded not guilty to an unclassified felony charge of murder on Friday in Jay County Circuit Court. The two appeared for their initial court hearings by videoconference from the jail.

Judge Brian Hutchinson said if convicted, Stephen and Hiestand could each face 45 to 65 years in prison with a recommended penalty of 55 years and a maximum fine of $10,000. Stephen and Hiestand’s cases are scheduled for a pretrial hearing at 2 p.m. March 30. They continue to be held without bail in the Jay County Security Center. An initial hearing has not been set for Knapke.

The investigation was conducted by the Jay County Sheriff’s Department with assistance from the Indiana State Police, the Portland Police Department, the Dunkirk Police Department and the Jay County Prosecutor’s office.

Fort Recovery Superintendent Larry Brown placed both coaches on immediate paid administrative leave on Jan. 14. The women were directed to refrain from any contact and/or communications with district students, according to the documents.

Brown last Friday released a statement saying the district “will proceed with termination action” for the 2020 supplemental contracts of Stephen and Hiestand tonight at the advice of the district’s legal counsel. The Fort Recovery board of education meets at 5:30 p.m. in the board conference room.

“As part of the termination process, the superintendent will report the reasons for termination to the Ohio Department of Education for disposition consideration of any licenses, certificates or pupil activity permits,” the statement reads. “This termination will also suspend the full amount of their supplemental contract payments of $3,894.66 and $2,225.52, respectively.”

The payments would have been paid at the end of the softball season had the two coaches worked the entire season, according to the statement.

Off-season conditioning activities resumed for softball players on Wednesday under the supervision of volunteer coaches, per the statement.

“The student-athletes on this year’s softball team have met multiple times, this week, with our school counselor, the athletic director and the high school principal to share their collective thoughts,” according to Brown’s statement. “On behalf of our players, athletic department and our schools; the administrative team would like to thank those individuals who supported all of the necessary actions of the schools during this unfortunate non-school related event. It is also our hope that everyone will support the 2020 FRHS Softball Team by attending their games and events.”

Lawrence Journal World, WIBW A Lawrence student who brought a loaded gun to school has been charged.

The Lawrence Journal world reports — the 14 year-old faces counts of low-level felony theft and misdemeanor, criminal use of weapons.

The paper reports the teen stole a 9 mm handgun from his parents Christmas Day.

Administrators at Lawrence High School say another student reported the situation.

School officials say there was no incident or threat made with the weapon.

The teen’s next court date is January 24th.