SALINE COUNTY —In a unanimous decision last week, written by Justice K.J. Wall, the Kansas Supreme Court reversed a Court of Appeals ruling and vacated Adam Drew Humphrey's restitution order of over $40,000 for a police officer's medical bills, according to a statement released by the court.
After Humphrey pleaded no contest to aggravated battery of a law enforcement officer, the Saline County District Court ordered restitution based on a claim summary that explicitly labeled only $17,193.19 as "MEDICAL" expenses, with the remaining $23,569.25 appearing under unexplained categories.
The Court held that defendants may challenge the sufficiency of evidence supporting restitution on appeal without first objecting at sentencing because the State bears the burden of proof. The Court concluded that substantial competent evidence did not support the full restitution amount. The case was remanded for a proper restitution hearing to give the State a meaningful opportunity to prove the amount with appropriate evidence.
In August 2020, 40-year-old Humphrey of Leavenworth and Shawn Patrick Humphrey of Wichita were involved in attempted traffic stop in north Salina, according to the Kansas Attorney General's office. During the encounter, a Salina police officer was shot in the foot.
Humphrey was later sentenced for aggravated battery of a law enforcement officer. He has over a dozen convictions in Saline County including theft, aggravated assault, aggravated battery, flee or attempt to elude, obstruction, criminal possession of a firearm, reckless driving and aggravated escape from custody, according to the Kansas Department of Corrections.
Humphrey is being held in the Lansing Correctional Facility.