ELECTRONICALLY FILED. 2017 Aug 07 AM 9:35. CLERK OF THE CLOUD COUNTY DISTRICT COURT. CASE NUMBER: 2017-CR-000172. Edmond
ELECTRONICALLY FILED
2017 Aug 07 AM 9:35 CLERK OF THE CLOUD COUNTY DISTRICT COURT CASE NUMBER: 2017-CR-000172
Edmond Brancart, #16668 Assistant Attol'lley General Medicaid Fraud and Abuse Division 120 SW 10th Ave, 2nd Floor Topeka, KS 66612 P: 785-368-6220 F: 785-368-6223 ed. bl'anca l't(tyag ,ks. gov
Attorney for State of Kansas
IN THE 12th JUDICIAL DISTRICT DISTRICT COURT, CLOUD COUNTY, KANSAS STATE OF KANSAS, Plaintiff, VS. THOMAS JAMES THOLSTRUP, WIM, DOB XX-XX-1992 Defendant.
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Case No.:2017-CR-_____
---------------------------) CRIMINAL COMPLAINTIINFORMATION COMES NOW Derek Schmidt, Attorney General, and Edmond Brancart, Assistant Attorney General, for their Complaint and Information against the above shown individual allege and state: COUNT 1 AGGRAVATED CRIMINAL SODOMY KS.A. 21-5504(b)(3)(C); Severity Levell, Person Felony; KS.A. 21-5504(c)(2)(A); KS.A. 21-6611; KS.A. 21-6804 On 01' about July 31, 2017 in the State of Kansas, County of Cloud, THOMAS JAMES THOLSTRUP did then and there, contrary to the statutes ofthe State of Kansas, engage in sodomy with a victim, to-wit: V.H., who did not consent to said sodomy, when V.H. was incapable of giving consent because of mental deficiency 01' disease.
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COUNT 2 MEDICAID FRAUD KSA 21-5927(a)(1)(B); Severity Level 4 Person Felony; KSA 21-5927(b)(2)(A); KSA 21-6611; KSA 21-6804; KSA 21-5933 On or about July 31, 2017 in the State of Kansas, County of Cloud, THOMAS JAMES THOLSTRUP did then and there, contrary to the statutes of the State of Kansas, with intent to defraud, make, present, submit, offer or cause to be made, presented, submitted or offered, a false or fraudulent statement or representation for use in determining payments which may be made, in whole or in part, under the Medicaid program, whether or not the claim is allowed or allowable, when great bodily harm results from such act, regardless of the aggregate amount of payments illegally claimed.
COUNT 3 MISTREATMENT OF A DEPENDANT ADULT KSA 21-5417(a)(1) Severity Level 5 Person Felony KSA 21-5417(b)(1); KSA 21-6611; KSA 21-6804 On or about July 31, 2017 in the State of Kansas, County of Cloud, THOMAS JAMES THOLSTRUP did then and there, contrary to the statutes of the State of Kansas, inflict physical injury, unreasonable confinement or unreasonable punishment upon a dependent adult.
TAKE NOTICE The State moves the Court as follows: upon conviction of a felony criminal offense in this case, the State requests a supplemental verdict fro111 the trier of fact as set out at K.S.A. 21-6817(b), that the victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity which was known or should have been known to the offender. See K.S.A. 216815(c)(2)(A). Upon such a verdict, the State intends on seeking an upward durational departure sentence of not more than double the otherwise presumed sentence under the Kansas Sentencing Guidelines. Respectfully submitted,
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OFFICE OF THE ATTORNEY
~1Ss§; Derek Schmidt, #17781
ot;;;()SCf;v?ul Edmond Brancart, #16668 Assistant Attorney General WITNESSES: Special Agent in Charge Steve Anderson Special Agent Kiel Kearney Deputy Hans Hanson Keley Guy Autum Siefert Shaylea Lawson Diane Lenhart Dr. Marian Nelson Jessica Tantuico Shandi Finlayson Jessica Garwood Park Villa Nursing Home personnel VERIFICATION STATE OF KANSAS COUNTY OF SRA WNEE
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The undersigned, Edmond Brancart, being duly sworn, states that he has read the foregoing Complain/Information, and the accompanying affidavit, and knows the contents thereof, an at has good reason to and does verily believe the same to be true.
Edmond Brancart, #16668 Page 3 of4
Assistant Attorney General
Subscribed and sworn to me
this~ day of the A J.qllli ~
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,2017.
