OLATHE, Kan. — Jackson County Legislator Manny Abarca made his first appearance in court Thursday afternoon, entering a not-guilty plea before a Johnson County judge.
Abarca was charged Wednesday with one count of domestic battery in Shawnee.
The domestic battery incident allegedly happened on May 29, where Abarca caused physical contact with his wife in a "rude, insulting or angry manner," according to court documents.
Abarca was joined at the hearing by his attorneys, David Bell and Aldo Caller.
Caller told reporters after the hearing Thursday that he claims the May 29 incident happened because Abarca's wife tried to take their child under dangerous circumstances, though he declined to detail those circumstances.
Abarca's attorney claims the incident did not turn physical. Abaraca and his attorneys say they will decide if a trial is best by July.
The judge set the next court date for 1:30 p.m. on July 9 via video conference.
On Wednesday, a Kansas City, Missouri, prosecutor found Abarca to be in violation of a protection order. Court records stated Abarca failed to return his 2-year-old son to his wife, who filed the protection order.
The Johnson County judge kept in place a no-contact order between Abarca and his wife.
Police in Shawnee said over the weekend they filed a missing persons report for Abarca and his 2-year-old son. KSHB 41 News learned Abarca's wife hadn't seen him or their child since last week.
Abarca appeared virtually at the Jackson County Legislature meeting on Monday, but Shawnee Police said on Tuesday they weren't able to verify his or his child's well-being in person.
Shawnee Police told KSHB 41 News on Wednesday evening that the 2-year-old boy is safe.
Online jail records indicate Abarca surrendered himself to Johnson County Sheriff’s deputies just after 1:30 p.m. and was booked into the Johnson County Jail around 2:15 p.m. Wednesday.
The records indicate Abarca posted a $1,500 personal recognizance bond and was released just before 3:30 p.m.
Abarca released a statement a few hours after his release.
“This is a matter of current litigation, so unfortunately, there is not much I can say about his case at this time,” Abarca said in the statement. “However, I will say that I love my children more than anything, and I will always put them first. I hope that this issue is decided quickly so that the entire story can be told.”
Jackson County Legislature Chairman DaRon McGee issued a statement Thursday afternoon moments before Abarca appeared in court, acknowledging news reports of Abarca’s arrest and charging.
“As Chairman of the Legislature, I must allow due process in this legal matter to proceed and provide the courts the opportunity to hear all the facts and decide what has taken place, without litigating this issue in the court of public opinion,” McGee said in the statement. “I remain focused on tackling critical issues that Jackson County residents face and leading our legislative body to provide solutions for our community.”
In a brief search of the Jackson County charter, our team did not find any reference to penalties for elected officials convicted of a crime.
Reasons for a legislator to forfeit their seat are as follows:
1. He or she ceases to be a qualified voter of the county;
2. He or she removes their residence from the county or the district, or district at large, from which he or she was elected;
3. He or she holds any other federal, state, county, or municipal elective office;
4. He or she absents himself or herself from more than four consecutive regular meetings of the County Legislature, unless excused by resolution of the County Legislature.
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