Kansas Senate GOP leader’s vehicle was on wrong side of I-70 for 10 minutes before arrest
The Kansas Highway Patrol tried to stop the vehicle Kansas Senate Majority Leader Gene Suellentrop is accused of driving on the wrong side of Interstate 70 early Tuesday with a “tactical vehicle intervention” but the attempt failed, the agency said.
Suellentrop’s vehicle spent at least 10 minutes traveling eastbound in the westbound lane after law enforcement received an initial call at 12:48 a.m. The Highway Patrol said a Capitol Police officer tried to stop the vehicle after locating it at 12:53 a.m. and then attempted the unsuccessful maneuver.
The vehicle -- a white SUV -- stopped at 12:58 a.m. The Highway Patrol then arrested the Wichita Republican and booked him into jail at 3:55 a.m., alleging DUI, attempting to flee or evade a law enforcement officer, speeding and crossing a divided highway.
But a judge didn’t find probable cause against Suellentrop because of “failure to include pertinent information” in the arrest report and ordered him released.
The Star reviewed recordings of police radio traffic and found at least eight minutes passed between when a dispatcher announced a white SUV was traveling the wrong way and when the dispatcher said the vehicle had stopped under Eighth Street near downtown Topeka. The Highway Patrol later largely confirmed that timeline.
Highway Patrol spokeswoman Candice Breshears in an email said Suellentrop was arrested after a white SUV was spotted driving in the wrong direction on I-70 and led an officer on a “short pursuit.”
As the Kansas Senate prepared to debate two key pieces of legislation — the budget and emergency management act — Suellentrop was absent from the chambers. Senate Republicans did not mention his absence, or arrest, at any point during the early part of session.
In a 90-minute meeting of Senate Republicans before debates, Suellentrop’s name did not come up, though Senate President Ty Masterson made an off hand remark about having had a “crappy day.”
Earlier in the afternoon, Masterson, an Andover Republican, said he had not yet talked to Suellentrop. Mike Pirner, a spokesman for Masterson and Suellentrop, said he also had not heard from the majority leader but that the Senator had been in touch with his own staff.
Legislative work, Masterson said, would go on as scheduled.
“I expect my caucus to do the duties that they were assigned to regardless of circumstances,” Masterson said. “All we know for sure is that there was an arrest on suspicion of DUI and that he was released with out charges.”
“We just have so little. I know the rumor mill’s going nuts.”
Heading into session, Tuesday, Senate Vice President Rick Wilborn, a McPherson Republican, said he was concerned to learn the news from a staff member.
“I was emotional more than I was anything else,” Wilborn said. “Just hoping he’s okay.
The Wichita legislator’s journey from arrest to jumpsuit-clad court appearance to free man roiled the Legislature, and raised questions about what caused Judge Penny Moylan to halt the case against him after it had barely begun.
Moylan, appointed to the Shawnee County District Court in 2019 by Democratic Gov. Laura Kelly, didn’t elaborate on her decision, which she announced during a slew of first appearances in the small Topeka courtroom.
Suellentrop, 69, appearing in court from the Shawnee County Detention Center via Zoom at about 10:40 a.m., sounded almost surprised when told he would be released. Wearing greenish-yellow jail garb, he appeared to confer with someone off-camera that he would, indeed, be let go.
Former Sen. Eric Rucker, a Topeka Republican who is Suellentrop’s chief of staff, was the only observer in the courtroom for the appearance beside reporters. He left immediately after, but said he wasn’t Suellentrop’s attorney.
In a statement late Tuesday afternoon, Masterson and Senate Vice President Rick Wilborn said the “underlying incident is certainly serious and very unfortunate. We will continue to pray for Gene and his family as we gather more information.”
For the most part, Democrats declined to comment. “I was surprised to hear that, I hope he’s doing well and I really don’t have enough information to draw any conclusions,” said Sen. Tom Hawk, a Manhattan Democrat.
Kansas legislators enjoy some protection from arrest during the legislative session, but it’s unclear whether that played a role in Moylan’s decision. The state constitution says legislators cannot be arrested “except for treason, felony or breach of the peace” during session or coming and going from the Legislature’s meeting place.
The Highway Patrol Records department said no portion of the incident report stemming from Suellentrop’s arrest would be available for “several weeks.” The first page of an incident report is public record in Kansas even during an active investigation.
Suellentrop is far from the first Kansas lawmaker to face allegations of driving under the influence. In 2019, Democratic Rep. Vic Miller, at the time a senator, was arrested and charged with DUI, but later entered into a diversion agreement.
But Suellentrop is a high-ranking lawmaker and his arrest comes as Republicans are pushing to pass significant measures regarding in-person schooling and restriction of Kelly’s emergency powers.
A member of the Legislature since 2009, Suellentrop’s influence has grown over the years. Before Republicans chose him as majority leader after the November election, he chaired the Senate Health and Public Welfare Committee. As chair, he helped block the advancement of Medicaid expansion along with then-Senate President Susan Wagle.
“It’s unfortunate and I’m glad no one was hurt,” House Speaker Ron Ryckman, an Olathe Republican,” said.
This story was originally published March 16, 2021 at 4:59 PM with the headline "Kansas Senate GOP leader’s vehicle was on wrong side of I-70 for 10 minutes before arrest."
