Sharp to complete diversionary agreement
All charges against Douglas Sharp, 51, of Marion, in an underage drinking case from last summer will be dismissed if Sharp completes a diversionary "contract" he signed on Aug. 19.
A jury trial in Marion County District Court was to have been held Aug. 20, but was canceled after both the prosecution and Sharp agreed to the diversionary agreement.
In the diversionary pact, Sharp admitted being guilty of a "common nuisance," a misdemeanor, in allowing minors to drink an alcoholic beverage or beverages in his home at 4 Fairway Drive in Marion on Aug. 10 and 11, 2002.
This is a violation of Kansas Statutes Annotated 41-8051.
The special prosecutor, Jay Sizemore, of the McPherson County attorney's Office, is to dismiss all charges against Sharp upon his completion of the diversionary contract.
According to the order signed by Judge Ronald Innes of Wichita, who presided in the case, all proceedings are stayed until Sizemore files a motion to dismiss or reinstate prosecution, or until further order of the court.
The judge's latest disposition in the case, signed by Innes, was filed at 8:31 a.m. on Aug. 27 in Marion County District Court.
Sharp asked the Marion County Record to publish this "clarification" about "what I walked into that night."
He said the beer had been stolen and brought to his house where it was being consumed by juveniles.
Sharp said he "had no way to 'secure the area,' " so rather than risk the kids "bolting the scene while under the influence," he decided his first concern was their safety.
Sharp said he took their car keys, "until much later."
"This guaranteed there would be no funerals to attend," Sharp said.
He added, "this is the first and only time underage drinking had occurred at my home. The charge of 'furnishing beer to minors' was insulting."
