Detention officer charged with murder, abuse of child
County prosecutor Darrin C. Devinney knows there is confusion for some who see Kaleb Hogan these days — the expectation of some he would be that Hogan would be in jail after he was charged with first degree murder.
But he is not, having paid a bond on a different charge from a tragedy that occurred March 24.
Hogan was charged with abuse of a child after his three-month old son was sent to the hospital. Hogan, a correctional officer for the Department of Corrections at El Dorado at the time, was arrested and made a first appearance in court.
During that appearance, bond was set at $100,000 and his three-month old child was clinging to life in the hospital. His child passed away as bond was being set.
"He was incarcerated before he posted bond," Devinney said. "... We had no idea if the child would live or not. When the child passed away, that affected this case and the charges as well."
Hogan posted bond and was released April 23, as the court did not host a separate bond hearing for the charge of first degree murder.
Devinney amended the initial charges on April 19 to add first degree murder.
"They had no effect on the bond," Devinney said. "He had is first appearance March 26 and the court set the $100,000 bond on that date. The charge was amended April 19. He had a bond for $100,00 that he could post, the child passed away and he had amended charges that did not effect that."
Hogan will have a preliminary hearing July 8. In a preliminary hearing, the prosecution presents probable cause evidence and begins making the case against a defendant. The court makes a determination if the case moves forward or not. If that case is made, the court then moves forward with arraignment, where a defendant renders a plea. If they plead not guilty, the case proceeds to pre-trial conference and jury trial.
The Butler County Times-Gazette filed a request for the release of probable cause affidavits in the Hogan case. In Kansas the release of those affidavits is decided on a case-by-case basis.