February 13, 2012

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Epperly preliminary hearing set

Wednesday, July 8, 2009

Kansas Highway Patrol trooper Clint Dwayne Epperly made his first appearance in Lyon County District Court Wednesday afternoon on a felony charge of official misconduct and two counts of misdemeanor theft.

The charges were made public on June 26, after proof that a summons served to Epperly had been returned to the court.

The complaint was filed by Clay Britton, Kansas assistant attorney general.

The charges accuse Epperly of removing property from a vehicle after a drug stop on Dec. 17, 2008. A Kansas Bureau of Investigation agent alleged in an affidavit that Epperly removed a global positioning device, a tool box and some tools after the vehicle was taken to a secure inspection area at Williams Automotive.

The official misconduct charge alleges that on Dec. 18, 2008, Epperly destroyed, tampered with or concealed evidence of a crime — sale or distribution of hallucinogenics — by deleting information from a GPS owned by Eduardo Bravo, and that the act was done while Epperly was acting in his capacity as an officer or "under color of his office or employment,” according to documents filed in the clerk of the district court’s office.

Epperly waived reading of the charges on Wednesday. A preliminary hearing has been set for Aug. 14 at 9 a.m. A judge from outside the Fifth District will hear the case.

Epperly is represented by Tom Lemon and Monte Miller. The state is represented by Britton and Lee Davidson of the Attorney General’s office.

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