LARNED — Shelby Lee Starr, 49 of Great Bend, appeared in custody Monday afternoon, Sept. 23, before Pawnee County District Judge Bruce Gatterman for post-trial motions and felony sentencing.

A jury trial had commenced on April 22, regarding two Jessica’s Law offenses. After jury selection, however, the parties announced they had reached a plea agreement whereby the defendant entered an Alford plea of guilt to a single count of aggravated indecent liberties with a child under the age of 14. In addition, the State agreed to allow the defendant to be sentenced pursuant to the Kansas Sentencing Guidelines and dismiss the additional count, and not pursue charges regarding a possible additional victim.

Pawnee County Attorney Douglas McNett explained that the name “Alford plea” is taken from the case North Carolina v. Alford and is sometimes referred to a “best-interests plea,” whereby the defendant registers a formal admission of guilt toward charges in criminal court while simultaneously expressing their innocence toward those same charges. An Alford-type guilty plea means the defendant decided it would be better to take a known sentence than to take their chances in a criminal jury trial.

The crimes were alleged to have occurred at a Larned residence between 2016 and 2107. The Larned Police Department and Kansas Department of Child and Family handled the investigation following a referral by a mandatory reporter in February of 2023.

Prior to sentencing, the Court denied the defendant’s pro se motion to withdraw his plea. The defendant argued in part he did not understand that his juvenile record would be scored as part of his criminal history at the time of sentencing.

At the sentencing, defense counsel requested the Court follow the plea agreement and sentence the defendant pursuant to the Kansas Sentencing Guidelines to the standard sentence of 233 months (19 years and five months) based on the defendant’s criminal history. Under Jessica’s Law, the defendant faced a life sentence with a mandatory requirement he serve a minimum of 25 years. McNett advised the Court that pursuant to the Kansas Crime Victims’ Act he had consulted with the victim and her family prior to entering into plea negotiations, and that they were in support of the presented plea agreement.

After hearing the arguments of counsel, Judge Gatterman on his own motion sentenced Starr to a downward departure sentence of 160 months (13 years and four months) based on the age of the defendant’s criminal history. However, the Court further found that as a result of the defendant’s prior sex offense conviction which occurred in 1999 that the law required he be sentenced as a persistent sex offender. As such, the sentenced was doubled to 320 months (26 years and eight months) with the Kansas Department of Corrections. The defendant has the ability to earn up to 15% good time credit.

Starr will also be subject to lifetime post-release supervision and lifetime offender registration as a sex offender.

Starr was immediately remanded back into the custody of the Pawnee County Sheriff for his eventual delivery to the Kansas Department of Corrections. He was arrested in Barton County on April 1, 2023, without incident and has been in the custody of the Pawnee County Sheriff since his arrest.