Cherokee County Attorney's Office

Proudly serving the citizens of Cherokee County, Kansas

Murder Charges Filed

Murder charges have been filed against Harvey Raymond Ortberg, 49, of Baxter Springs, following the September 30th, 2017 incident which resulted in the death of Sharon Horn, 65, and injured three Baxter Springs Police Officers.

In a complaint filed in Cherokee County District Court, County Attorney Jake Conard charged Ortberg with eight felony offenses, including premeditated first-degree murder, two counts of attempted capital murder, aggravated arson, aggravated burglary, aggravated battery, and two counts of aggravated child endangerment. If convicted, Ortberg faces life imprisonment without the possibility of parole for at least 50 years.

Ortberg was taken into custody at a Springfield, Missouri hospital on October 13, 2017. Upon release from the hospital, Ortberg will be held in Greene County, Missouri to await extradition to Kansas. Upon returning to Kansas, Ortberg will be held in the Cherokee County Jail on a $1,000,000 bond.

The Cherokee County Sheriff’s Office and the Kansas State Fire Marshal’s Office continue to investigate the incident. As provided by the laws of the United States and the State of Kansas, Ortberg remains innocent until proven guilty in a court of law.

Sex Offender Receives Prison Sentence

On August 23, 2017, George Kersey was sentenced to 12 months in the Kansas Department of Corrections for violation of the Kansas Offender Registration Act (KORA). In January 2017, detectives with the Cherokee County Sheriff’s Office discovered Kersey had an active Facebook account which he had not registered with law enforcement as required by KORA.

Kersey is a registered sex offender as a result of previous convictions for attempted indecent liberties with a child and child abuse in Cherokee County in 2003. Kersey was also convicted of first degree statutory sodomy in Newton County, Missouri in 2004. KORA requires sex offenders to report to law enforcement any and all email addresses, online identities used by the offender on the internet, information relating to membership in any and all personal web pages or online social networks, and internet screen names. According to Cherokee County Attorney Jake Conard, Kersey attempted to conceal his social media presence from authorities by using the name Sherman Kersey.

Second Defendant Sentenced for Scammon Murder

In May 2017, Dakota Cunningham entered a plea in Cherokee County District Court to Second Degree Murder for the 2015 killing of Robin Lance Fought in rural Scammon, Kansas. On July 17, 2017, Cunningham was sentenced to 165 months in the Kansas Department of Corrections, an aggravated sentence under the Kansas Sentencing Guidelines. Cunningham’s co-defendant and girlfriend, Crystal Galloway, was convicted of First Degree Murder following a jury trial in the fall of 2016 and was sentenced to life imprisonment. Charges are still pending against Alyssa Bird, Galloway’s daughter, for her alleged role in the stabbing. Bird is scheduled to stand trial in January 2018.

Baxter Man Receives 5-year Sentence for Sex Offense

On June 19, 2017, Andrew Smith, 19, of Baxter Springs, Kansas, was sentenced to 59 months in the Kansas Department of Corrections for Aggravated Indecent Liberties with a Child. The sentence stems from an incident in late September of last year. In May, Smith plead guilty to the charge of engaging in lewd fondling or touching of a child under 14. In addition to the prison sentence, Smith will also be required to register as a sex offender for life. This case was investigated by the Baxter Springs Police Department and prosecuted by the Cherokee County Attorney’s Office.

Missouri Man Sentenced for Kansas Drug Charges

On June 19, 2017, Chad Allen Irvin, of Granby, Missouri, was sentenced to 47 months in the Kansas Department of Corrections for Distribution of Methamphetamine and Fleeing or Attempting to Elude Law Enforcement.

In February 2016, Irvin was arrested in Cherokee County, Kansas following a pursuit by Missouri officers which continued into Kansas. Irvin was promptly apprehended by the Cherokee County Sheriff’s Office upon crossing the state line.

At the Cherokee County Jail, corrections officers located a quantity of methamphetamine concealed in Irvin’s personal property. Irvin subsequently attempted to transfer the personal property, along with the concealed methamphetamine, out of the jail to another.

Irvin will remain in the Cherokee County Jail to await transportation to the Kansas Department of Corrections.

Legrand Sentenced as Persistent Sex Offender

On June 19, 2017, Elijah Legrand, 40, of Baxter Springs, Kansas was sentenced to 96 months incarceration on charges of Indecent Liberties with a Child. In a complaint filed in Cherokee County District Court, County Attorney Jake Conard alleged Legrand engaged in lewd fondling or touching of a child between the ages of 14 and 16. Legrand plead no contest to the charges at his arraignment in May.

Legrand’s sentence was double by application of Kansas sentencing laws which require an enhanced sentence for individuals who have been previously convicted of sexually violent crime. In addition to spending 8 years in prison, Legrand will also be subject to parole supervision and Kansas offender registration requirement for life.

Prison Sentence for Sex Offense

On June 12, 2017, Cory Matthew Craig, 31, was sentenced to 61 months imprisonment. The five years sentence was the result Craig’s no contest plea to three counts of Aggravated Indecent Liberties with a Child in April. Through a complaint filed in Cherokee County District Court, County Attorney Jake Conard alleged Craig engaged in sexual intercourse with a child between the ages of 14 and 16 on three separate occasions throughout the summer of 2015. Craig was sentenced to 61 months on each charge, to be served concurrently in the Kansas Department of Corrections. Following his release, Craig will also be required to register as a sex offender for a period of 15 years. Allegation of Craig’s conduct were investigated by officers with the Baxter Springs Police Department and prosecuted by the Cherokee County Attorney’s Office.

Cash, Car, and Gun Forfeited for Drug Crimes

On May 19, 2017, the Cherokee County Attorney’s Office obtained a forfeiture order for $30,849, a 2006 Chrysler 300, and a handgun seized by law enforcement during a 2015 drug raid at the residence of Billy Spain in rural Cherokee County, Kansas. During the raid, law enforcement also seized approximately 15 pounds of marijuana.

In March, Spain entered a no contest plea to possession of marijuana with intent to distribute and will be sentenced in June. In a pleading filed in Cherokee County District Court, County Attorney Jake Conard alleged the cash and property seized were the proceeds or instrumentalities of Spain’s illegal drug activity.

Prison Sentence Imposed for Drug Conviction

On May 19, 2017, Allen Ruckman, 54, of Galena, Kansas was sentenced to 22 months imprisonment for distributing methamphetamine.

The State alleged Ruckman sold methamphetamine to a confidential informant in Cherokee County, Kansas in August, 2016. Last month, Ruckman entered a no contest plea to one count of distributing less than 1 gram of methamphetamine in Cherokee County District Court.

Ruckman was investigated by the Kansas Bureau of Investigation and prosecuted by the Cherokee County Sheriff’s Office.

Galena Man Sentenced for Sex Crime

On May 19, 2017, Brandon Keyser, 30, of Galena, Kansas was sentenced to 24 months imprisonment in the Kansas Department of Correction following his conviction for Indecent Solicitation of a Child.

Keyser previously entered a no contest plea to enticing, commanding, inviting, persuading, or attempting to persuade a child between the age of 14 and 16 to commit an unlawful sexual act. As a result of the conviction, Keyser will also be required to register as a sex offender.

This case was investigated by the Galena Police Department and prosecuted by the Cherokee County Attorney’s Office.

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