By BARBARA PROFFITT | February 23, 2023

Appearing in Linn County District Court on Wednesday, Feb. 22, 2023, for what was slated as a pretrial conference in case 2019-CR-000210, a case which has tracked through the Linn County District Court for more than three years and following a recent denial for a request for a change of venue, Lonnie Shane Martin entered a plea of no contest to a fourth amended complaint which dismisses all but the two charges to which he is pleading no contest.

According to the plea agreement which was submitted to Judge Andrea Purvis in the courtroom on Wednesday and filed in Linn County District Court that same day, Martin entered the plea of no contest to the charges of:

Count I – knowingly engage in sexual intercourse with (a person) who did not consent to the sexual intercourse and was overcome by force in violation of K.S.A. 21-5503(a)(1)(A) and (b)(1)(A), rape, a severity level 1 person felony, and

Count II – knowingly engage in lewd fondling or touching of a child under 14 years of age, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the child, the offender or both, in violation of K.S.A. 21-5506(b)(3) and (c)(2)(C), Aggravated Indecent Liberties with a Child, a severity  level 3 person felony.

The plea agreement further stipulates that the defendant is “clear of mind” and fully understands each and every charge. It also stipulates that Martin is to register as a sex offender for life and that he understands he has a right to proceed to trial.

The plea agreement further notes that Martin could be sentenced to the maximum time on each count, which is as follows:

Count I – 653 months

Count II – 61 months

In total the sentence could potentially be 59-plus years in prison, and can be ordered by the judge to be served consecutively, and the agreement further stipulates that in return for his plea of no contest to the charges listed, sentencing is open to argument by both sides, but neither will request departure from recommended sentencing range, and the state will not request a fine on the defendant which could be levied by the judge in an amount up to $300,000.

The plea agreement also states that Martin understands what he is stipulated  and read “I know that the Court will not permit anyone to enter a plea of "guilty" or "no contest" who maintains he is innocent. With that in mind, I wish to enter a plea of "guilty" or "no contest" (because  I am "guilty" and not innocent or are choosing not to contest the charges against me).”

The agreement also states Martin is offering his plea of no contest “freely and voluntarily” and further states that the plea “is not the result of any force or threats against me or of any promise made to me other than those stated.”

Sentencing is set for 11 a.m. on April 14. Until that time Martin remains free on bond but is required to register as a sex offender immediately and follow the guidelines set out with that registration.

Judge Purvis also ordered a pre-sentencing investigation into the criminal history of the defendant.