Jackson County Legislature Chair Manny Abarca’s legal problems keep mounting.
At the end of January, the Johnson County District Attorney asked the court to revoke his bond.
“The defendant was charged with domestic battery and released on bond with the condition that he not commit new law violations,” Assistant D.A. Will Hurst told KCUR. “After being charged in another jurisdiction with a new crime against the same victim, we moved to revoke his bond to protect the victim.”
KCUR was first to report that Abarca was charged with two counts of Harassment by Telecommunications Device on New Year’s Day in Hutchinson.
Abarca allegedly made harassing calls to a house in Hutchinson, according to a police report.
The victims were listed as his wife, Alexis Garcia, and his three-year-old son. Garcia’s parents live in Hutchinson.
“A defendant on bond who reoffends against the same victim threatens public safety and jeopardizes the initial case's integrity,” the motion said.
Prosecutors asked that Abarca’s $1,500 own recognizance bond, which doesn’t require any bail payment, be revoked. Instead, they wanted a $5,000 cash bond with the additional conditions of no contact with Garcia, and with any child exchange done with an agreed-upon third party.
After a brief hearing on Feb. 6, Magistrate Judge Curtis Sample denied the D.A.’s motion. Hurst’s statement only said, “The Court denied our request.”
Abarca’s lead lawyer, David Bell, would not comment.
The charges in Kansas City, Johnson County and Hutchinson are misdemeanors.
All this began in May when Abarca disappeared with his son.
After the boy was returned safely a few days later, Abarca was charged in Kansas City Municipal Court with violating a protection order "by failing to return the minor child" to his mother.
But in a middle-of-the-night statement emailed last Wednesday, Abarca blamed Garcia for his legal woes.
“This morning, Chairman Abarca was in court regarding a domestic violence case perpetrated by his former partner, the mother of his children,” the statement on county letterhead said.
There was no court hearing scheduled for Feb. 17, and the couple has only one child, not children.
The 3:00 a.m. statement from the county email account of Jesse Reyes, Abarca’s communications director, also suggested Abarca is a victim.
“This isn’t the first time violence has been perpetuated against him, but hopefully it’s the last,” the statement said.
Former county legislator Chrystal Williams says Abarca should not be defending himself with county resources.
“It's completely inappropriate,” she told KCUR.
She also said Abarca — elevated to legislative chair in January — should not be in leadership.
“If you're an elected official and you've had this many charges against you, I would be questioning whether or not you should be in that role,” she said.
Reyes did not return two phone calls and a text message seeking clarification on the court hearing referred to in the early morning Abarca statement.
KCUR also sought comment on whether it’s appropriate touse county resources to defend criminal charges.
The county Code of Ethics says “employees are expressly prohibited from using any County resource to obtain any personal benefit.”