Mortician to face revised charges
Staff writer
An amended complaint alleging reckless driving and transportation of liquor in an open container was filed Aug. 30 against a former Marion undertaker who battled his December 2018 charges of driving while under the influence all the way to the Kansas Supreme Court and back.
Ty Zeiner, 64, was arrested in November, 2018, on suspicion of driving under the influence.
Convicted by a jury, Zeiner was sentenced Jan. 10, 2020, to 48 hours in jail followed by five days’ house arrest, then a year’s community corrections. He also was ordered to pay $1,668. Because of his appeals, he has not served any of his sentence.
He appealed his conviction to the Kansas Supreme Court, where he contended the jury was not properly instructed.
The Supreme Court overturned his conviction and remanded the case back to Marion County District Court for a new trial.
He had been found intoxicated and asleep in his car, parked on the side of the road with the engine turned off, on Nov. 18, 2018.
At his original trial, Zeiner wanted to have the phrase “operate a vehicle” defined as “drive a vehicle” in instructions to the jury.
Judge Margaret White denied Zeiner’s request, but on appeal, justices agreed with Zeiner.