Judge seals charging affidavit against Dustin J. Kelley Sr. in death of Topeka toddler

A Shawnee County District Court judge has denied a request from The Topeka Capital-Journal seeking the charging affidavit against Dustin J. Kelley Sr., who faces charges that include first-degree murder in the death of a toddler.

Magistrate Judge Christopher J. Turner checked a box on a form provided Wednesday to the newspaper saying he was sealing the affidavit to prevent the public disclosure of information that might "jeopardize the safety or well being of a victim, witness, confidential source or undercover agent, or cause the destruction of evidence."

Turner also checked a box indicating that disclosure of the information could "reveal the name of any minor."

For the same reasons, Turner denied a request for the affidavit submitted by a representative of KSNT-TV.

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The denials came after requests that the affidavit be sealed were made by Shawnee County District Attorney Mike Kagay's office and either Kelley or his attorney, Turner's order said.

Kelley, 40, faces charges that include first-degree murder in the death of 16-month-old Jackson Tilton.

Jackson died Jan. 8, four days after he was admitted to a hospital with brain injuries, said his father, Raymond Tilton. Jackson was the son of Raymond Tilton and his former wife, Sarah Snipes.

Kelley was Snipes' boyfriend. He had served time in prison for burglary committed in 2011 in Dickinson County and aggravated battery committed in 2016 in Shawnee County.

More:Topeka man, 19, bound over on charges that include the murder of his 6-month-old daughter

Kansas Press Association director: 'Middle ground' wasn't explored

Emily Bradbury, executive director of the Kansas Press Association, responded to Turner's decision Thursday by noting that probable cause affidavits are presumed to be open in Kansas.

The case involved arose from horrific facts, but the nature of the case, on its own, should not be enough to justify a seal, Bradbury said.

"While we understand the court's concerns,  it is disappointing that the order does not explain why a redacted version of the affidavit could not have been disclosed," she said. "There was a middle ground here that wasn't explored."

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Affidavit denial is third in district court in less than a year

Wednesday's affidavit denial was the third in less than a year in a murder case in Shawnee County District Court.

Turner denied requests last November from The Capital-Journal and WIBW-TV seeking the charging affidavit against a man who faced charges that included first-degree murder linked to the Sept. 30 gunshot killing of Topekan Keith Gaylord Jr., 23. Charges against that defendant were later dropped.

District Judge Jessica Heinen in April denied requests from The Capital-Journal, WIBW-TV and KSNT-TV seeking the charging affidavit regarding the killing the previous month in Topeka of 6-month-old Brielle Jones. An April 24 jury trial is scheduled for Jones' father, Tray'vonne Da'Mont Jones, 19, on charges that include first-degree murder.

Turner approved requests Wednesday from The Capital-Journal, WIBW-TV and KSNT-TV seeking the charging affidavit for Kyle Tyler, 32, who faces charges that include three counts of first-degree murder linked to a fire Jan. 20 in Topeka that killed his girlfriend and their two children. They were Genny L. Fitzpatrick, 30, Peyton L. Tyler, 9, and Kourtney K. Tyler, 1.

About half of that 13-page document was redacted.

Turner in October approved requests from The Capital-Journal and WIBW-TV seeking the charging affidavit for Eric Perkins, 33, who faces charges that included first-degree murder linked to the Sept. 29 gunshot killing of Topekan Gregory Butts, 55, which authorities said was followed by a downtown shootout involving law enforcement officers.

Perkins is scheduled to appear on a March 23 criminal assignment docket.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Affidavit sealed in case against man charged in death of Topeka boy