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Woman strives to get cancer-stricken father released from prison
Amy Hagan is trying her best to get her and her family an early Christmas present this year.
The Pittsburg resident's father, former Fort Scott resident Michael Clark, is currently serving the remainder of a 40-month sentence at the El Dorado (Kan.) Correctional Facility for a felony narcotic charge. Clark was arrested in 2004 and sentenced in 2005 for possession and intent to sell methamphetamine. In July, Clark also received a 90-day sentence for a driving under the influence charge that took place in June 2007; a sentence he is to begin serving following his time at EDCF.
According to Judge Mark Ward, because Clark committed the DUI offense while serving a felony sentence, Kansas Statutes mandate the DUI sentence be served consecutively to the felony drug sentence he is currently serving.
Hagan has been trying recently to get her father, who is very ill with terminal cancer, released to his family, several of whom live in the Fort Scott area, so that Clark may spend the remainder of his life at home.
"Bourbon County has a hold on him for a DUI that occurred more than a year ago," Hagan said. "They won't release him to spend his last days at home. I can't drive up and see him because he's so far away. I think they (EDCF staff) have done what they can to get him home."
Clark was arrested in June 2007 by the Bourbon County Sheriff's Office when the vehicle he was driving veered off the road, the passenger side slamming into a concrete bridge. The crash severed the feet of local resident Ella Greenfield, who was sitting in the passenger seat at the time of the accident, dangling her feet out the passenger window. Greenfield recovered from her injuries, while Clark was not injured but arrested for suspicion of driving under the influence of alcohol and no liability insurance coverage. He was later released on a $1,000 bond.
Hagan said she believes an error has occurred in her father's criminal case, which is why she feels Bourbon County will not release Clark to his family.
"I think Judge (Mark) Ward made a mistake in the case is what happened," she said. "They released him to me on a $20,000 bond for a little over a week when he was on parole for drug charges. They revoked his probation because of the DUI and felony aggravated battery. We filed for medical leave but they can't release him medically because Bourbon County has a hold on him."
According to Bourbon County District Court documents, when Clark pleaded guilty to his most recent offense, he was convicted on his fourth DUI charge. Kansas Statute 8-1567, which addresses driving under the influence of alcohol or drugs; blood alcohol concentration and penalties, has specific sentencing guidelines concerning multiple DUI offenses.
"On the fourth or subsequent conviction of a violation of this section, a person shall be guilty of a nonperson felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined $2,500," the statute reads. "... No plea bargaining agreement shall be entered into for the purpose of permitting a person charged with a violation of this section ..."
In a phone interview, Ward said by law the sentence against Clark cannot be dropped.
"It can't be dropped," he said. "He's already pled guilty."
According to the Kansas Adult Supervised Population Electronic Repository Kansas Criminal Justice Information System, Clark's 40-month sentence was imposed in April 2005.
In March of 2007, Clark was released on parole, but because of a parole violation was once again incarcerated in October of 2007. Clark was once again released on parole in March of 2008. However, in May of 2008 Clark was placed in the custody of the Kansas Department of Corrections to finish serving the remainder of his sentence for breaking the conditions of his parole.
Hagan said Thursday that Clark's condition had started to improve in recent weeks, but then worsened this week to the point where he can barely walk and talk, and he requires assistance with basic daily functions.
"He can't sit up or anything and he looks like skin and bones," she said. "I think they're (EDCF staff) doing all they can, but there can be more done, like physical therapy and such."
A few weeks ago, doctors told Hagan that she and her family should visit Clark immediately because his health was declining fast and it was estimated he might only have days to live.
"The cancer is in his liver and lungs," she said. "Doctors called us three weeks ago and said he wouldn't make it through the night, but he's made it three weeks so far. He can't walk or turn, but he can stretch his legs a little bit. He can't pick up his arms, but he can drink through a straw. Some of the things he says are delusional. If he came home, they'd have to transport him back to Bourbon County in an ambulance."
Hagan said she will continue to support her father and try to get him home, despite his past criminal activities and whatever the future may hold.
"If he's deceased, I will look into a lawyer or something about them stopping him from coming home," she said.
Clark was also involved in an accident in September 2007 in Bourbon County in which the car he was driving went off the road and knocked over a road sign. Clark, who was knocked unconscious during the crash, had to be revived by EMTs. Alcohol was suspected to be involved in that accident, Bourbon County deputy sheriffs said at the time.