Saturday, November 22, 2008
Murder case dismissed against southwest Kansas pairBY RON
SYLVESTER
The Wichita Eagle
Next week, Chad and Shannon Floyd will be able
to relax in western Kansas free of the murder charges that dogged
them for the past three years.
The husband and wife are set to meet with a judge
in Johnson City, about five hours west of Wichita in southwest
Kansas, on Monday to sign a final order of dismissal in a murder
case against them that's dragged through two trials that ended
without a verdict.
"Chad and Shannon Floyd and their families have
had to endure three years of accusations, innuendo and rumor that
have been absolutely false," said Wichita attorney
Dan Monnat, who represented Chad
Floyd.
The body of Michael Golub, 27, has never been
found.
Golub was a former boyfriend of Shannon Floyd, now
30. The two were involved in a custody dispute over their son.
Golub disappeared on May 20, 2005. The Floyds said
Golub never showed up to get the boy that night. His pickup was
found six days later on a county road in northwest Grant County.
Richard Guinn and Barry Disney of the Kansas
Attorney General's Office claimed Chad and Shannon Floyd shot Golub
when he came to pick up his son.
The prosecutors said the custody battle interfered
with plans for the Floyds to move to Montana from their Stanton
County home, less than a half-hour from the Colorado border.
The couple purchased a gun the day Golub
disappeared, and investigators found Golub's blood had dripped
between the planks on the Floyds' front porch.
Witnesses said Chad Floyd, now 29, told a friend
he'd pay Golub $50,000 to drop the case and said he wished Golub
would disappear.
Lawyers Monnat
and Kurt Kerns, both of Wichita, argued for the defense that there
were people near the Floyds' house that night who would have heard
gunshots -- but didn't -- and that a different friend of the Floyds
showed up unexpectedly when the killing was supposedly taking place.
The defense also suggested that Golub's role as an
informant in a local drug case led to his disappearance.
Adding to the rural courtroom drama: The Floyds
are part of an affluent family that owns a chain of banks in the
western part of Kansas and in eastern Colorado.
"They handled the situation with dignity and
perseverance, believing their innocence would eventually be
demonstrated for all," said Kerns, who represented Shannon Floyd.
A spokeswoman for the Kansas Attorney General said
that after each hung jury, Monnat and Kerns asked the judge to
dismiss the case in a way that would prevent the state from
reopening it. This is called dismissal with prejudice.
"The concern is that if a third trial based on the
exact same evidence ends in a hung jury the court may seriously
consider a dismissal with prejudice," said Ashley Anstaett on behalf
of the attorney general.
Under the terms of the dismissal, the state can
file the charges again if prosecutors discover evidence that
"materially strengthens" their case.
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