(Connie Jo Discoe/McCook Daily Gazette)
Judge Anne Paine revoked the $1 million bond for 18-year-old Stathis Sebastian Mobley Kirkpatrick of Bartley, the young man accused of killing the McCook High School freshman on or about Jan. 21, and ordered him held without bond.
Kirkpatrick's attorney, Derek Mitchell of Lexington, requested a preliminary hearing, which Paine scheduled for the entire day of Friday, Feb. 11, starting at 9 a.m.
Red Willow County Attorney Paul Wood also charges Kirkpatrick with use of a deadly weapon to commit a felony, a Class II felony; and tampering with physical evidence and unlawful burial, both Class IV felonies.
The complaint and information filed by Wood this morning against Kirkpatrick charges that Kirkpatrick killed Clapp on or about Jan. 21, "purposely and with deliberate and premeditated malice," or in the perpetration of or attempt to perpetrate a kidnapping of Clapp.
Wood also charges that Kirkpatrick used a knife or other deadly weapon to commit a felony; intentionally destroyed, mutilated, concealed, removed or altered physical evidence; and intentionally threw away or abandoned human skeletal remains or burial goods.
If convicted, the minimum penalty for a first degree murder charge, a Class I or IA felony is life in prison without parole; the maximum is death.
The penalty for use of a deadly weapon to commit a felony is 50 years in jail, to be served consecutively. The penalty for tampering with physical evidence and unlawful burial, each a Class IV felony, is 5 years in jail and/or a $10,000 fine; there is no minimum.
Wood requested that Kirkpatrick be held without bail due to the number of charges, because of Kirkpatrick's minimal ties to Nebraska and for the protection of the public and the defendant. Mitchell told Judge Paine he would not respond.
Judge Paine declared that bail set at $1 million is "inappropriate," also because of Kirkpatrick's lack of ties to the area, his lack of employment and because of risk to the community. She ordered that his bail be revoked and that he be held without bail.
The entire proceeding this morning in the Red Willow County courtroom, protected by 9 officers of the McCook Police Department and Red Willow County Sheriff's Department, took 15 minutes.
Kirkpatrick sat emotionless throughout the appearance, answering a simple "yes" to questions from Judge Paine. He wore orange jail overalls, leg shackles and hand cuffs.
The location of a jail in which Kirkpatrick will be held was unavailable at press time today.