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Office of the County Attorney

State of Kansas
County of Crawford
Michael Gayoso, Jr. Reina Probert
Crawford County Attorney Deputy County Attorney

John Gutierrez
(620) 724-6780 Assistant County Attorney
(620) 724-6790 (Fax)
Christina Lloyd
Assistant County Attorney
Girard Courthouse
111 East Forest, Ste. A Steven A. Stockard
Assistant County Attorney
Girard, Kansas 66743

March 3, 2018




Dear Mr. Walters:

I am in receipt of your letter dated April 25, 2018 in which you are requesting an ouster of Sheriff Dan
Peak and Detective Stu Rite. You have attached correspondence between yourself and the Kansas
Attorney General's Office, Office of Disciplinary Administrator, Kansas Commission on Peace Officer's
Standards and Training, and the Commission on Judicial Qualifications.

At the conclusion of your letter, you stated that I "possibly" have a conflict of interest in this matter
because Detective Rite is a witness in a case my office is prosecuting, and Sheriff Dan Peak, Detective
Rite and myself" ... are good friends because they are private members at Lady of Lourdes church where
the Rite family are Eucharistic ministers and Crestwood Country Club where they to [sic] go parties
together and play golf together." You conclude, "[a]ny reasonable person would question that Mr.
Gayoso could not be impartial during his investigation of Stu Rite and Dan Peak and county attorney
Michael Gayoso would be biased and prejudiced for Stu Rite and Dan Peak which is not allowed under
Kansas Rules of Professional Conduct."

Lastly, you requested that your complaint be investigated by someone at the Crawford County Attorney's
Office that is not a member of any social organizations with Mr. Rite or Sheriff Peak. First, I am not a
member of Our Lady of Lourdes Catholic Church. Second, I am not a member of the country club.
Third, I have never played golf with Detective Stu Rite or Sheriff Dan Peak. Although Stu Rite is a
witness in a case that we are prosecuting against Mr. Scholes, as you mentioned, this does not create a
conflict of interest.

I will thoroughly review all of the information you have provided, and will make a determination, in due
course, as to whether your allegations rise to the level ofreasonab1e cause that either Sheriff Peak or
Detective Rite (1) willfully engaged in misconduct while in office, (2) willfully neglected to perform any
duty enjoined upon such person by law, (3) demonstrated mental impairment such that the person lacks
Mr. Thomas Walters
Request for Investigation of Ouster
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the capacity to manage the office held, or (4) committed any act constituting a violation of any penal
statute involving moral turpitude as provided in K.S.A. 60-1205 and 60-1206.

Michael Gayoso, Jr.

Crawford County Attorney