Freeze pleads guilty to killing Schenker in 2004

There will be no trial for Kohlby Freeze.

The 20-year-old Tuesday pleaded guilty to the shooting death of his mother's fiancé more than three years ago.

Freeze pleaded guilty to second degree murder. He was originally charged with first-degree murder on March 16, 2004, three days after shooting 55-year-old Karl "Rex" Schenker in the head with a large caliber rifle.

In addition to pleading guilty to the murder charge, Freeze also pleaded guilty to battery on a correctional officer at the Southeast Kansas Regional Correctional Center. The altercation happened March 28, 2006.

Exactly how much time Freeze will spend in prison is unclear. Sixth Judicial Chief Judge Richard Smith ordered a pre-sentence investigation to determine his criminal history. His history preliminarily indicates a prison term of 20 to 22 years for the murder charge and 4 to 4 1/2 years for the battery charge.

A judge will rule on whether those terms run consecutively or concurrently. Consecutive means the two terms would be served back-to-back. Concurrent means Freeze would only serve time for murder.

Sentencing is scheduled for Jan. 11.

Tuesday's plea hearing had an unexpected twist when Freeze initially told the court he's not guilty of murder.

Smith asked him how he pleads. Freeze responded by saying he didn't believe his act was "intentional," which was wording used in describing second degree murder. He said drugs and alcohol were involved.

"I do not want to plead guilty," he said.

Freeze's attorney, Ed Battitori, immediately asked the judge if he could speak with his client about what he just said. Smith agreed and the court recessed.

Twenty minutes later, when court resumed, Battitori explained that Freeze "misinterpreted" the word "intentional" to mean something else.

Smith asked Freeze if he clearly knew the meaning of intentional.

Smith asked him for the second time how he pleaded to the charge of murder in the second degree.

"Guilty, sir," Freeze said.

Again, Smith wanted Freeze to know exactly what he was pleading to, his rights, and if he was, in any way, pressured or forced into pleading. Freeze said he wasn't forced.

The case has been pending for 1,309 days, the length of time since charges were first filed against Freeze in 2004. Since that time, questions have surrounded Freeze's mental state and whether that hindered his ability to stand trial.

Continuances and the competency evaluations have slowed the case since its beginning. He went through numerous mental evaluations at Larned State Security Hospital.

Doctors would testify at competency hearings that he was mentally able to stand trial after he had spent time at the Larned facility. Then, later evaluations by psychiatrists, fueled by his behavior while in the Southeast Kansas Regional Correctional Center, would reverse that determination, prompting the defense to file motions to determine competency once again.

Freeze is currently taking drugs to treat schizophrenia. Dr. Doug Hippe, his psychiatrist, accompanied Freeze to his most recent court appearance. Hippe said Freeze has a clear mind and understands what's going on in court, and the drugs are helping him to comprehend the proceedings. Battitori said his client is competent to stand trial.

In accepting the plea deal, Bourbon County Attorney Terri Johnson agreed to drop a second battery on a correctional officer charge against Freeze that also allegedly occurred last year. Also, Johnson said there was a battery on a correctional officer that allegedly happened at the jail on Sunday. She wouldn't file charges on that incident because of the plea bargain.

Battitori said after the hearing that Johnson offered the plea deal and the defense "wanted to take advantage of it."

If it would have gone to trial and a jury found him guilty of first degree murder, the state would have pursued the "hard 50" or a minimum of 50 years in prison. Also, Freeze would have faced two battery charges and possibly a third, Battitori said.