Warning: This story contains graphic content that might disturb some readers.
Michael Shine, who was sentenced to probation July 24, has been arrested after allegedly violating the conditions of his bond in another case.
Shine previously had been arrested June 19 on suspicion of battery-domestic violence. As a condition of his bond, he was to have no contact with the alleged victim. But Arkansas City police made contact with him July 27 after observing Shine in contact with the alleged victim.
He was taken into custody without incident for violating the conditions of his bond in that case.
Shine also might be looking at a violation of his probation that began on July 24. District Court Judge Christopher Smith said that day that even a subsequent “technical violation” would result in Shine serving his full presumptive prison sentence.
Smith’s decision to sentence to Shine to probation instead of that prison term spurred vocal criticism from Police Chief Dan Ward, who said Shine had proven time and again to be a frequent lawbreaker who poses a threat to society,
Shine attack on Rider
The case in which Shine was sentenced on July 24 involved a violent attack on an Arkansas City Police Department officer.
This attack took place one year ago and resulted in a “permanent injury,” as Ward described it following Shine’s sentencing.
ACPD Lt. Anthony Rider, the victim, was one of several officers who responded July 31, 2017, to an address on North Third Street following a report of domestic violence from county dispatchers.
Despite 18 prior convictions and the urging of County Attorney Larry Schwartz, Smith allowed a departure filed by Shine’s attorney, Tim Showalter.
Smith then sentenced Shine to 31 months in prison — as his criminal history put him in position to be sentenced to prison time without a chance for probation — but then sentenced him to 24 months of probation in lieu of the prison sentence.
Smith told Shine during his court appearance that if he were to commit even a technical violation while on probation, he would serve the underlying sentence of 31 months in prison.
Ward speaks out
Ward spoke out that same day with concern for his officers’ safety while performing their duties.
“In 32 years of law enforcement, I have seen very few people who present a danger to the public more so than Mr. Shine,” he said.
By allowing an individual who was physically violent toward an ACPD officer to serve probation time, instead of time incarcerated as his criminal history mandates under Kansas sentencing guidelines, Ward said Smith had sent a message to other offenders that violence against law enforcement officers will be overlooked.
Since conducting an interview with Ward on July 24, Ark City Daily Bytes has filed an open records request and been given access to:
- redacted copies of emails between Ward and Schwartz;
- original police reports about the incident;
- photos and video footage of the incident from both Rider’s bodyworn camera and the dash camera from the car he was driving.
July 31, 2017 incident
The 2017 incident that led to Shine’s arrest took place about 5 p.m. July 31 in the 100 block of North Third Street. Rider was first on the scene.
Ridere could see a woman running from a residence who was “screaming uncontrollably and acted very upset,” according to his report.
“As I began to exit my patrol car, I could hear the individual screaming, ‘Just kill me. Just shoot me.’ At that time he then threw the … handgun, which was later learned to be a pellet or BB type of gun, at (the) patrol car,” Rider’s report states.
“I could tell the white male subject was very aggressive(ly) coming towards me. I then went towards him in an aggressive manner and made contact with him at the front portion of my patrol car, trying to gain control of him.”
Video from the car’s dashboard-mounted camera shows Shine’s left fist making contact with Rider’s face before the two men fall to the ground, struggling for control.
Rider can be seen holding Shine to the ground as former ACPD officer and current Cowley College campus security officer Jon Tyler appears on one of his department’s bicycles, followed by ACPD’s Detective Nelson Douglas, Lt. Jim Holloway, and Officers T.J. Hall and Chase Hobart.
After the other officers secure Shine, Rider stands and turns toward the car. In the video, blood is visible on his face.
Holloway’s report states that Rider “had blood running down the right side of his face.”
‘Suicide by cop’
Following the physical altercation, all of the officers’ reports state Shine threatened to kill the officers, his girlfriend or himself while attempting to inflict physical harm to himself.
“Shine was very erratic and making suicidal statements. Once he started talking after being placed under arrest, he made several suicidal statements, telling us that he wanted to die and he was going to kill himself in the jail if we don’t kill him first,” Hobart’s report states.
“There were multiple times where he demanded that we kill him. However, we advised that we were not going to do that.”
“I will note that Michael Shine did appear to be intoxicated based on the odor of alcohol coming off of his person,” Hobart continues.
This statement is mirrored in Hall’s report. Shine’s attempts to harm himself continued in the ACPD holding room, Holloway’s report states.
Shine initially was charged with aggravated battery of a law enforcement officer, aggravated assault, battery-domestic violence, revoked bond and two counts of criminal damage to property.
Ward contacts Schwartz
On Aug. 1, 2017, Ward sent an email to Schwartz regarding the incident and expressing his concern about Shine’s behavior.
“Yesterday evening (7/31/17), Michael Shine shot his girlfriend with a pellet gun, beat her father, tore up their house and damaged two other homes in a fit of rage,” the email states. “When Lieutenant Rider arrived on the scene, Shine attacked Rider, punching him in the face.”
“Lieutenant Rider received two cuts above his eye and his eye quickly swelled shut. Rider is unable to perform his normal duties for an unknown period of time as he heals. We are hopeful he will be able to make a full recovery,” Ward writes.
“Michael Shine is a convicted felon from Missouri who is on parole here in Ark City. He is a self-declared white supremacist and gang member.
“Since he has been in Ark City (April 2017), he has attacked and beat a pizza delivery driver, been involved in an altercation where shots were fired, beat his girlfriend, absconded from parole, was arrested in Oklahoma, only to return to Ark City and commit the offenses last night. All of these crimes have taken place in only three months. It is beyond comprehension how an individual like this has not been returned to prison.”
“Mr. Shine is a clear and present danger to all citizens (and) law enforcement officers in Arkansas City,” Ward concludes.
“Thanks for the heads up,” Schwartz responded. “I am familiar with Mr. Shine because a couple of your officers and I met with him when he was a victim of aggravated battery by shooting. We were trying to give him every protection as a victim and trying to seek justice for him. It is disappointing and disturbing that he chose to accept our hospitality here in Kansas with such violence. I will take this case personally.”
Since Shine was on probation on a case from Missouri, he initially was held in the Cowley County Jail.
“While I am glad Missouri is finally going to take this man back, I am certain he will return to Ark City given the chance because his mother and his girlfriend are both here,” Ward writes to Schwartz in an email dated Aug. 11, 2017.
“As such, it is my sincere hope your office continues forward on all pending cases/charges and does not agree to drop them in exchange for his returning to Missouri. He needs to answer to (the crimes committed in Ark City) crimes and to (the crimes committed in) Missouri, as well.”
Shine’s probation ended while he was incarcerated, but he bonded out shortly afterward. Between that time and last month, he was arrested on at least two other occasions. Ward sent another email to Schwartz on June 19, 2018, regarding Shine’s continuing criminal activities.
“We just arrested Michael Shine AGAIN for domestic battery on his girlfriend. … When are we going to do something to get this dangerous repeat offender off our streets?” Ward asked. “You and I both know he will eventually kill her or someone else.”
No reply to this email was provided among the records received by Ark City Daily Bytes.
Ward asks for maximum sentence
Ward sent an additional email to Schwartz on June 20, 2018, requesting tough prosecution of Shine.
“Since (August 1, 2017), we learned that Mr. Shine tested positive for [redacted] and we had three officers who were exposed to his blood during the arrest on July 31st,” Ward writes.
“Those three officers are now going through a series of blood tests over the past year to ensure they have not contracted the disease.”
After Shine was released the first time, he failed to appear for court on the case concerning the incident that happened July 31, 2017.
“On April 26, 2018, (Shine) was arrested by ACPD officers on the warrant and he was allowed to … bond out of jail (on his own recognizance),” Ward said.
“On June 19, 2018, Mr. Shine once again beat his girlfriend and was arrested by ACPD officers. He was taken to the Cowley County Jail, where he posted a $1,500 bond and was released within about five hours of his arrest.”
“The fact that we are a year down the road on a case where the victim was a uniformed officer, the offense was recorded on video, (Shine) failed to appear for court twice, he continues to commit violent crimes, and yet he is out free on bond, is troubling to say the least,” Ward said.
“I understand that bond is not intended to be punishment, but it is intended to ensure the person will appear if they are a flight risk and it is intended to protect the public if they are a threat. Clearly, Mr. Shine is a flight risk and a danger to the public. … It is my hope that you will be seeking the maximum sentence and you have not agreed to some lesser penalty.”
Schwartz, who personally handled the case after the August 2017 request from Ward, responded to this last email only minutes later.
“Mr. Shine’s case is a year out because he was sent for evaluation on the defense request for mental competency twice,” Schwartz said.
“Of course, our recommendation to the court will be that Shine be remanded to the (Kansas Department of Corrections) on the felony charge.
“Surely the fact that he committed these crimes while on felony supervision out of Missouri, and has recently received a new charge while on felony bond, will be aggravating factors the court will rely on its decision.”
A date is not yet set for Shine’s first appearance regarding the July 26 violation of the conditions of his bond.
He currently is being held in the Cowley County Jail with no bond.
To view a PDF of all of the documents produced in the Ark City Daily Bytes open records request, click here.