William Howard Baker, the man charged with causing the deaths of two people riding a motorcycle through Great Bend on Aug. 16, 2014, will not stand trial as long as his cancer medication interferes with his ability to participate in his defense, Barton County District Judge Scott McPherson ruled last week. His jury trial was scheduled to start Monday.
Baker has been charged with two counts of involuntary manslaughter for the deaths of Shawn and Danielle Schellenger. Baker was driving a pickup pulling a trailer that came loose on 10th Street in 2014, crossing into oncoming traffic and hitting the Schellengers’ motorcycle.
Involuntary manslaughter is a level 5 person felony. Baker was also charged with multiple misdemeanor traffic infractions, including driving without properly securing a load.
Attorneys for the prosecution and defense held a telephone conference with McPherson and the result was filed electronically on Sept. 10.
Assistant County Attorney Douglas Matthews objected to a stay of proceedings but the judge found good cause to grant the request made by defense attorney Charles O’Hara.
“Specifically, the court finds that the defendant, who suffers from terminal cancer, is currently receiving ongoing medical treatment which includes doses of morphine. The court finds that the defendant is currently unable to fully understand the proceedings and assist in his defense because of the effects of the medications prescribed to him.”
Therefore, the trial is stayed pending further reports concerning Baker’s medical condition. Hearings on other motions related to the case are also on hold. The counsel for the defense is to submit a medical update no later than Oct. 17.
This is not the first time that Baker’s medical condition has delayed the court proceedings. He was scheduled for a trial on Aug. 15, 2016, but waived his right to a speedy trial after O’Hara filed a motion that stated, “the defendant cannot physically appear in court and ... his condition is unlikely to change in the foreseeable future.”
The case came up again this year and Baker appeared before McPherson in June. O’Hara said Baker was still in poor health. At that time, McPherson said of the case, “We’ll move this along as quickly as we can.”