TOPEKA (KSNT) - Shawnee County District Attorney Mike Kagay joined the 27 News Morning Show to discuss recent homicides and his office's handling of cases.
27 News asked about the recent death of 9-year-old Zerick I. Ozuna who was allegedly killed at the hands of their mother, Shyla M. Goracke, 29. Kagay said that while it was an unspeakable tragedy, the case was never brought to the District Attorney's office because the suspect is deceased.
Kagay spoke about a couple of recent homicides and how the suspects were released without being charged.
"When law enforcement does their investigation they're collecting evidence, when they make an arrest that's a legal burden that we refer to as probable cause," Kagay said. "Probable cause is a very low standard and when we file formal charges in the case we have a very high standard. So there is a difference between when law enforcement performs an arrest and when you see my office file formal charges. Just because someone is arrested for a particular offense does not mean my office will be in a position to file formal charges."
Kagay said when his office takes a case to trial they must prove the suspect is guilty 'beyond a reasonable doubt'. Kagay said 'beyond a reasonable doubt' is the highest legal burden there is.
Kagay said one of the cases mentioned was referred back for additional investigation. In another case, the court found there wasn't enough probable cause to hold the suspect.
"We're charging them in a way that we believe we can prove that they committed that crime," Kagay said.
Kagay said the charging deadline is typically within 48 hours of an arrest. Kagay said even if they believe the crime was committed if there isn't enough evidence, his office has an ethical duty to not file charges.
"Just because charges are not filed at one particular moment in time does not mean we will not be filing," Kagay said.
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