Parmley takes diversion, attorney makes allegations
Staff reporter
Former Marion police officer James Parmley accepted a diversion agreement Monday for criminal discharge of a firearm, a Class C misdemeanor, and two other charges were dismissed with prejudice.
Parmley, 29, of Cedar Point, was charged with criminal threat with intent to terrorize or cause evacuation, unlawful discharge of a firearm, and disorderly conduct from an incident that occurred July 28 at his in-laws' residence.
An altercation occurred between Parmley's wife, Melissa, and Melissa's sister Jessica Vannocker which resulted in Parmley firing a .40 Sig Sauer handgun outside the home of Melissa Parmley's mother and stepfather, Brad and Becky Vannocker, 1075 160th, Hillsboro, while Jessica Vannocker and others were in the house.
Marion County Attorney Susan Robson removed herself from the case because of a conflict of interest. Robson then appointed McPherson attorney John Klenda as special prosecutor.
Klenda told the court Monday morning that after reviewing the case and conducting interviews, no threats were communicated to the alleged victims. The three gun shots that Parmley is accused of firing were fired away from the home as he was leaving, and he had not made any contact with the victim.
Additionally, Klenda said the victims did not want to cooperate with the prosecution.
Following the hearing, Parmley's attorney, David Page, commented on the case.
"The victims were never in any fear or in any danger," he said.
Page continued that additional charges that could have included felonies, weren't filed because there wasn't probable cause.
"Criminal threat requires communication of the criminal threat (between the perpetrator and victim)," Page said, which he claimed did not occur.
Disorderly conduct was dismissed, Page said, because Parmley had the authority from the owners of the property to discharge his weapon on their property.
The diversion agreement has a term of six months with general stipulations, Page said, with the most noticeable difference being Parmley has not admitted guilt.
"James has not admitted to committing any crime," Page said.
Allegations
Page said that he and his client believe that Marion County Sheriff's deputies tried to get Parmley in trouble, and ultimately fired from the Marion Police Department.
"We also believe that a deputy tried to sway the victims to enhance facts," Page said. "The arrest was unlawful under Kansas statutes."
Page said there could be further civil action and possibly an investigation by Kansas Bureau of Investigation.
When asked, Parmley said he admitted no guilt.
Parmley said when was acting Florence Police Chief, sheriff deputy Duane McCarty also worked in the department. Parmley said McCarty had fired warning shots which resulted in McCarty being fired by Parmley, as instructed by Florence City Council.
What's next for Parmley?
"I would like to remain in law enforcement," Parmley said.
"It is extremely important for us to begin healing our family and putting it back together," he said.
"Firing a weapon in frustration is not a crime," Page said. "I believe that the inappropriate and unlawful actions of the deputies resulted in the city losing a good officer."
Page said he and his client are working with the City of Marion to have Parmley reinstated.
Comments from the sheriff
Following allegations made by Page, Marion County Sheriff Lee Becker was asked for his comments on the case.
"The arrest was made with the blessing of the acting county attorney (Keith Collett)," Becker said.
When Jessica Vannocker made the 911 call to dispatch, deputies believed the victim was upset and felt she was in danger.
Becker said the victim also called him four days later to ask why nothing more was being done. She then threatened to contact the Kansas Attorney General's office.
"As far as I know everyone got along with James," Becker said. "I think everyone on our side did a good job."
He continued that there has to be a balance between friendships, constituents, and victims.
"Victims have responsibilities when making allegations to law enforcement," Becker said, referring to the victim's unwillingness to cooperate with the prosecuting attorney.
"We wouldn't do anything differently."
