The Kansas Supreme Court has affirmed convictions and the sentence of a former Fort Riley soldier in the shooting death of a Kansas National Guard member on Jan.1, 2012.
The opinion regarding Daniel Parker, 28, was released Friday, March 6, and although the 13-page document does find the prosecutor in the case committed misconduct, it says the misconduct did not prejudice the jury against Parker and deny him a fair trial. Parker had argued the prosecutor committed misconduct during closing arguments when he told jurors they were to consider Parker’s guilt for the lesser included crimes only if they first found him not guilty of felony murder. The High Court concludes this statement was erroneous because it suggested to the jurors they had to reach a unanimous decision before they could consider Parker’s guilt for the lesser included crimes. However, the court notes the prosecutor also recited correct legal standard during closing arguments and overwhelming evidence establishing Parker’s guilt for felony murder, so the erroneous statement did not constitute reversible misconduct.
Parker was convicted in the shooting death of Frederick Beverly, 21, with sentencing in October 2013 to 59 months, to be served concurrently with a life sentence. According to the Kansas Department of Corrections website, Parker’s earliest release date is January of 2032. He’s currently being held at the Larned State Hospital.
