ERIE — A rural Kansas prosecutor apologized for his shortcomings and committing misdemeanor crimes before being escorted to jail Wednesday after years of investigation into allegations of more serious misconduct.
In a hearing at the courthouse where he spent nearly 16 years as top prosecutor, Linus Thuston pleaded guilty to two misdemeanors and was sentenced to pay more than $3,000 and to serve 120 days in jail. He had stepped down as Neosho County attorney on Aug. 13.
The hearing was a culmination of seven years of scrutiny and criminal investigations. Retired District Judge Merlin Wheeler accepted a plea deal from Thuston’s attorney and the Kansas Attorney General’s Office, which prosecuted the case, but he rejected their agreement to avoid jail time for Thuston. Under the deal, Thuston will avoid being prosecuted for any other cases that were investigated by the attorney general’s office.
“I admit that I have made mistakes, and I admit that I have sinned, but I am a recovering sinner,” Thuston said at the hearing.
Wheeler sentenced Thuston to 60 days in the Neosho County jail for each of the two crimes, which were for misusing a county credit card and falsifying the purchase price of a vehicle to avoid paying sales tax. After serving 30 days, Thuston will be eligible for 12 months of supervised probation.
“There is no way that I can look at this and condone what you did here,” Wheeler said.
The charge of misusing public funds was linked to a payment Thuston made on Dec. 24, 2019, to a woman who he claimed needed money for Christmas presents for her children. He said he paid her around $64 from his personal PayPal account, which was connected to his county credit card. Thuston requested and received nude photos from the same woman, according to previous reporting from Kansas Reflector.
The Kansas Bureau of Investigation questioned Thuston about the payment multiple times in the years following. He told KBI agents in July 2022 that he thought the payment was related to firearm shooting expenses.
Wheeler asked Thuston whether he thought to double check the payment after being questioned. Thuston said in court that he initially didn’t recognize the name associated with the payment but later identified it as the PayPal transaction. He eventually reimbursed the county for the $64.
“When you’re dealing with public funds and you’re questioned by a KBI agent, maybe you should check,” Wheeler said.
Thuston also admitted Wednesday to violating the state Retailer’s Sales Tax Act when he bought a $17,500 Chevrolet Camaro for his wife in October 2021 but submitted paperwork that said it only cost $11,000, avoiding more than $600 in sales tax. Wheeler ordered Thuston to pay the missing $617.50 as restitution in addition to a $2,500 fine for violating the sales tax act.
The attorney general’s office and Thuston’s attorney initially proposed he pay a $10,000 fine and avoid jail time, but the judge rejected their recommended sentence.
“It looks to me like someone decided to put a price on what freedom is,” Wheeler said.
He later asked Thuston what he had learned from the experience.
Thuston said he learned to be more diligent and pay attention, and he acknowledged he approached the line between right and wrong.
