House candidate served jail time in ’90s

Topeka Democratic House candidate Russ Hutchison injured multiple people in 1993 when the vehicle he was driving while under the influence of alcohol collided with another, according to criminal charges later brought against him.

While initially charged with multiple felony counts, Hutchison ultimately pleaded no contest in 1994 to misdemeanor battery charges and driving under the influence and was sentenced to jail time. In a related lawsuit, a woman who was driving the other vehicle claimed she sustained "permanent and progressive" injuries.

"A person looks in the mirror after a certain amount of time and they realize they've screwed up," Hutchison said. "So yeah, I've screwed up in my life and I don't know anybody who hasn't."

A review of other legal documents also shows Hutchison, who is running for the 50th District, was investigated by the Kansas Securities Commissioner in 2012. Commissioner staff alleged his business attempted to sell bonds without registration. Hutchison attributed the problem to an issue with wording on his website.

Hutchison is battling Democrat Chris Huntsman for the chance to take on Republican incumbent Rep. Fred Patton as the primary election approaches on Aug. 2. Hutchison has made the case for his candidacy in part by touting his business acumen.

The Topeka Capital-Journal received an unsigned letter containing several court documents about Hutchison. The newspaper verified the documents it is reporting on.

Then-prosecutor Tom Lemon charged Hutchison on July 13, 1994, with eight counts, including charges of aggravated battery, driving under the influence, reckless driving, failure to stop at a stop sign, failure to obey a traffic device and driving left of center. The three aggravated battery charges -- felonies -- each named a separate victim.

"I was going through a divorce. I was depressed. Things got out of hand, I shouldn't have done what I did," Hutchison said.

Lemon alleged Hutchison, then 29, had committed the crimes on July 13, 1993 -- charging him one year later. One of the victims filed a civil lawsuit months before the charges were announced, however.

In February 1994, Heather Goeden sued Hutchison. Goeden said in a court filing that a 1990 Pontiac she was driving collided with Hutchison's 1985 Chevrolet at 2:34 a.m. at the intersection of S.E. 45th and California. Goeden said she sustained hospital and medical expenses and sought $50,000.

The lawsuit progressed for months. Goeden's attorneys sent several notices of their intent to depose police officers. A jury trial was set for January 1995.

Then, in November 1994, Goeden had the case dismissed. A phone number appearing to be associated with Goeden wasn't answered Monday.

Hutchison said he believes an insurance company might have settled, but he couldn't recall exactly.

"I'm not too sure they didn't think it was a little frivolous as to what she was asking for or doing," Hutchison said. "I just -- it's been such a long time ago."

Meanwhile, the criminal case against Hutchison was also advancing. But in November 1994, Lemon downgraded two of the aggravated battery charges to misdemeanors and dropped several of the other charges.

Hutchison said his attorney had worked out a deal with the district attorney. Lemon, now a defense attorney, didn't return a voicemail left with his law office Monday.

"I admitted to my mistakes and explained to them what I did to you just now," Hutchison said.

In the end, Hutchison pleaded no contest to two counts of misdemeanor battery and one count of DUI, according to court records. The court docket shows Hutchison was sentenced to concurrent six-month jail sentences for each battery county and a consecutive six-month jail sentence for the DUI charge, along with several hundred dollars in fines.

The court ordered Hutchison to spend seven days in jail on alternate weeks.

Approached for comment, Hutchison's Democratic opponent, Huntsman, said she had heard about Hutchison's past but had never seen any proof. She said she hasn't raised any issues related to Hutchison's past in the campaign.

"I've tried to stay focused on what the state needs and my qualifications," Huntsman said.

Securities

investigation

Hutchison owns and operates REB Refining LLC, a real estate sales and rental company. In addition to his time serving in the Kansas Insurance Department under Gov. Kathleen Sebelius, Hutchison has also pointed to his business career as having prepared him to effectively serve in the Legislature.

In 2012, Hutchison entered into a consent order with the Kansas securities commissioner over allegations that he and his business had offered unregistered securities to the public on his business website and that he had done so without having registered to sell securities.

Under the order, Hutchison agreed to stop offering securities for purchase. The order notes that he neither admits nor denies the allegations.

The commissioner's staff alleged, according to legal documents, that Hutchison had offered to buy and sell securities on behalf of investors. He also offered the purchase of a corporate mortgage bond.

"Hutchison stated he never received any response to his general solicitation web site. Hutchison also stated that due to his personal financial difficulties, the website was taken down," one of the documents says.

Hutchison indicated the issue revolved around wording on his website.

"The way I worded it was wrong. That was not a big issue," Hutchison said.

Credit: Jonathan Shorman [email protected]