Kansas Rep. Aaron Coleman hasn't been charged as DA awaits KHP case file and KBI test results

Kansas state Rep. Aaron Coleman hasn't been charged with a crime a month after his arrest by state troopers along I-70 near Lawrence, which could help him get diversion in a separate domestic battery case.

The Kansas Highway Patrol arrested Coleman, D-Kansas City, on suspicion of driving under the influence of alcohol or drugs, speeding and failure to yield to an emergency vehicle.

Coleman, age 21, bonded out after his Nov. 27 arrest, and a court hearing had been scheduled for Tuesday afternoon. By Monday, the court calendar showed no such hearing, and the court administrator confirmed Coleman wouldn't have a hearing as scheduled.

"No case materials for any such incident have been presented to the District Attorney’s Office," said Jill Jess, a spokesperson for the office, when asked about the cancelation.

Technical Trooper Donald Hughes, the KHP's regional spokesperson, said he didn't have any information on Coleman's case and directed inquires to the agency's primary public information officer, who is out of office until Jan. 6.

District attorney awaiting KBI results

Lt. Candice Breshears has previously said Coleman was arrested around 1 a.m. the Saturday after Thanksgiving near Exit 202 of the Kansas Turnpike. A trooper attempted to pull over a speeding vehicle, but the driver didn't stop until exiting the interstate and pulling into a parking lot. There, the trooper "observed signs of possible impairment."

A "no charge" letter was filed Monday in Douglas County District Court in connection to the DUI allegation against Coleman. The document was released Tuesday by a court clerk.

"At this time results are pending from the Kansas Bureau of Investigation in the ongoing investigation of the above-named individual," wrote Assistant District Attorney Ted Baird. "A complaint will not be filed by the District Attorney's Office against the above-named individual on this date pending the results of that testing."

It is not uncommon for an individual who is arrested to post bond and get a court appearance date, Jess said. If prosecutors don't file charges by that date, they must notify the court.

"In some matters, the District Attorney’s Office is awaiting case materials and is not in a position to make a charging decision by the date given to the individual who posted bond," Jess said.

"In such instances, the State elects not to file charges at that time, but may do so later once the materials have been received from the relevant law enforcement agency/agencies."

More: Lawmakers file complaint against Rep. Aaron Coleman after second arrest in recent months

Possible diversion

The lack of charges, at least for now, may help Coleman get diversion in a separate case.

Coleman is facing criminal charges in a domestic battery case in Johnson County. The young lawmaker is accused of hitting and spitting on his brother during an altercation and threatening his grandfather. Overland Park police arrested him after the incident.

He has pleaded not guilty.

Prosecutors argued last week that Coleman is no longer eligible for diversion, the Associated Press reported. The defense attorney said he didn't know what had changed to prevent diversion.

A warrant was issued to revoke his bond in the Johnson County case after his arrest in Douglas County. A judge set a Jan. 7 hearing to consider the issue and hear results of a mental health evaluation.

More: Dispute between Rep. Aaron Coleman, brother led to arrest, grandmother says. Family will seek help.

'He should resign'

House Speaker Ron Ryckman, Gov. Laura Kelly and House Minority Leader Tom Sawyer all called on Coleman to resign following his DUI arrest.

"I want to reiterate what I have said in the past: It is clear Representative Coleman is in dire need of help," Sawyer previously said. "For the sake of the state of Kansas, his constituents, and himself, he should resign and concentrate on getting the help he badly needs. The stress of the legislature is not a healthy environment for someone in this mental state."

A group of Democratic lawmakers filed a complaint against Coleman, seeking formal discipline after the arrest, which was his second in as many months. The six women in his own party argued that he "puts state employees, legislators, and visitors to the Capitol at risk and makes it unsafe for him to serve in the Kansas House of Representatives."

Coleman has already been banned from the Kansas Department of Labor headquarters in Topeka after the agency said in October he allegedly attempted to trespass and spoke to security in a "loud and demanding tone."

An ex-girlfriend has previously accused Coleman of physically assaulting and threatening to kill her. For a time, Coleman was also the subject of a restraining order from a staffer of a political rival. He called for a "hit" to be taken out on the governor.

Coleman has admitted to cyberbullying and revenge porn while in middle school.

More: Rep. Aaron Coleman banned from KDOL premises after ‘disruptive, intimidating and berating’ behavior

Jason Tidd is a statehouse reporter for the Topeka Capital-Journal. He can be reached by email at jtidd@gannett.com. Follow him on Twitter @Jason_Tidd.

This article originally appeared on Topeka Capital-Journal: No DUI charge yet for Aaron Coleman as DA waits on KHP, test results