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  Ex-attorney Charged with Theft

Maryville Advocate
June 8, 2011

http://www.marysvilleonline.net/articles/2011/06/09/news/doc4def8a2668eb7302266639.txt

A felony theft charge was filed Friday by the Kansas Attorney General’s office against former Marshall County Attorney Brian Carroll, who now lives in Pratt.

The case, State of Kansas v. Brian Carroll, was filed in Marshall County District Court.

It alleges Carroll misappropriated more than $70,000 of Marysville Berean Church funds between Aug. 4, 2006, and Nov. 22, 2010.

Carroll was ordered to make a first appearance in court here on June 21 when the judge is expected to set bond.

Carroll took office as Marshall County’s prosecuting attorney in 2001 and served nearly 10 years in the position before moving to Pratt where he works as a trust officer for the People’s Bank.

Carroll also served as Marshall County counselor, an advisor to the county commission and staff, during part of his term here.

Carroll did not return a call Tuesday seeking comment.

Because of Carroll’s previous position, Marshall County authorities did not file the case. Instead, Assistant Attorney General Kristiane Gray will prosecute it.

Current Marshall County Attorney Laura Johnson-McNish invited the attorney general’s office to take the case to avoid any conflict of interest.

Also because of Carroll’s previous position in the local court system, a senior judge from another district has been appointed to handle the case, Kansas Attorney General spokesman Jeff Wagaman said. Former Douglas County District Judge Jack Murphy will preside.

“Senior judges are typically judges on retired status, and they work on call for cases like this one,” Wagaman said.

Wagaman said that, if convicted, the Kansas Sentencing Guidelines, which are dependant on previous criminal history, indicate that Carroll could face a sentence ranging anywhere from probation to a prison sentence ranging from 11 to 34 months.

“Of course, these are merely allegations and Mr. Carroll is presumed innocent until and unless proven guilty,” Wagaman said.

 
 

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