Newspaper article The Topeka Capital-Journal

Firearms Expert Says Tests of Flack's Shotgun Matched Ballistic Evidence from Crime Scenes

Newspaper article The Topeka Capital-Journal

Firearms Expert Says Tests of Flack's Shotgun Matched Ballistic Evidence from Crime Scenes

Article excerpt

OTTAWA -- Microscopic scratches on test shot shells were consistent with the spent ammunition recovered from crime scenes in a spring 2013 quadruple homicide, a firearm expert said Friday.

Jason Butell, a firearm examiner at the Johnson County crime lab, testified Friday, the 10th day of the trial of Kyle T. Flack in Franklin County District Court.

Butell said he compared a total of nine spent shot shells -- lipstick-sized plastic tubes -- to several test shots fired at the crime lab with a Winchester 1300 12-gauge pump-action shotgun linked to Flack. He said at least eight of the shot shells must have been fired from the same shotgun, based on markings created by the projection.

Flack, 30, has pleaded not guilty to the 2013 shotgun slayings of four victims. He is charged with capital murder in the deaths of Kaylie Smith Bailey, 21, and her 18-month-old daughter, Lana Bailey. He also is charged with premeditated first-degree murder in the deaths of Andrew Stout, 30, and Steven White, 31; criminal possession of a firearm; and misdemeanor sexual battery.

The forensic pathologist who performed the autopsies on the bodies said Stout was shot at least five times, White was shot twice, Kaylie was shot once and Lana was shot once -- making a total of at least nine blasts.

Previous testimony from people who spent time with Flack revealed he carried a 12-gauge pump-action shotgun wherever he went. A shotgun cleaning kit was found in his duffel bag in Emporia, where he was detained May 8, 2013, after the adults' bodies were found at 3197 Georgia Road in Ottawa.

Winchester 12-gauge PDX1 Defender shot shells and 12-gauge Buck 9 Pellet shot shells, along with bullets, metal pellets and buffer material, were recovered from the outbuilding on the Georgia Road property, as well as from the laundry room trash and master bedroom of the Ottawa residence.

As part of trial testimony, prosecutors have asked crime scene investigators to open numerous evidence envelopes containing pieces of shotgun materials. …

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