HUTCHINSON, Kan. — Wendell Payton was read formal charges Thursday morning in Reno County District Court in connection with last Saturday’s fire at a residence in the 1000 block of East 3rd in Hutchinson that killed two people.
The complaint filed by District Attorney Tom Stanton and read by Magistrate Judge Jeff Newsum includes two counts of first degree murder in the deaths of Kalsey Payton and a young child, one each of aggravated arson and aggravated child endangerment involving a child found outside the home when police arrived, and two counts of interference with law enforcement, one involving concealing or destroying evidence and the other given false information involving death or disappearance of a child under 13 years of age.
The child victims are only identified in the complaint by their initials.
Payton is being represented by Christine Jones and Jason Smartt from the Reno County Public Defender’s Office, which has filed a motion seeking to reduce his $2 million bond, along with a motion requesting a court reporter be present for all hearings in this case.
The bond motion filed by Smartt said the primary reason behind it is so the defendant can obtain urgent medical care in the community. Smartt referenced several concerns about his poor health including constant bodily pain, fatigue, breathing difficulties, and pain in his eyes complicating his vision, along with unexplained bruising on his ankles and a left arm bandaged from fingertip to elbow.
The motion also noted it’s not clear to counsel if the defendant’s recent health is poor due to incidents in the case of if Payton’s thought process may be diminished due to his poor health or for some other reason.
Other factors cited in the motion include ties to family residing at the Navajo Reservation and that the bond set is excessive and may have been determined without due consideration of the commitment of the defendant to resolve this matter.
A hearing on the bond modification will be heard Friday afternoon at 2 by District Judge Daniel Gilligan.
