Home Destroyed By Law Enforcement; Owner Asks Who Will Pay
MONTGOMERY COUNTY, Kansas - A man who shot an Oologah officer in the head during a high-speed chase last year will spend the rest of his life in prison, and that's just for the crimes he committed in Kansas after he fled from Oklahoma.
During the pursuit, prosecutors say he carjacked and shot a man, shot at deputies and then ran into a home where deputies arrested him hours later.
The owners of that house say the standoff caused more than $30,000 worth of damage to the house, but, so far, no one has paid for it.
Kenny Allen and his wife bought the home as a rent house to supplement their retirement income.
Allen said there were renters in the home when Alejandro Garcia broke in and Montgomery County, Kansas deputies arrested him after a long standoff and 22 canisters of tear gas.
"They broke a bunch of windows, they tore out the patio doors - just made a shambles of the house," he said.
Allen said Sheriff Bobby Dierks and County Commissioner Ryan York told his wife a few days later that they were sorry and would make it right.
The county did pay the renters $20,000 to cover their belongings and also paid around $30,000 to a hazmat crew to pull the carpet, strip some wall coverings and wash things.
Then, the county sent out a contractor to see what it would take to make the house livable again.
"He turned in an estimate of 30-something thousand dollars and took it back to them and they said, ‘that's too much,’" Allen said.
His attorney told the county they'd take $25,000, which is basically the county's deductible.
Allen filed a claim with his insurance company, but they denied it, saying the damage was caused by law enforcement. He's now suing them because he believes the damage was first caused by the break-in and vandalism, which his policy covered.
"I don't want charity. I don't want sympathy. I just want to be made whole," Allen said.
He said he spent $5,000 of his own money to replace the doors and the central heat and air system and clean the duct work.
They moved in some furniture, hoping it was safe to rent because they need the income, but Allen said when his wife hammered a nail into the wall, fumes shot out.
"She had to run for the door, coughing and choking," he said.
Allen said the wallboard and cabinets need to be replaced, and it needs new insulation and new carpet.
The only offer the county ever made was a year ago - to buy the entire property for the price of the property tax.
"Now, that was a slap in the face,” Allen said. “30 acres and a house for $32,400 dollars; it should be $100,000 or more," Allen said.
The attorney for Montgomery County said the county would offer the Allens money if they agreed to pay back the money if they win their lawsuit against the insurance company.
Allen’s attorney said that lawsuit could take years; and, in the meantime, the Allens are out the income.
York told us the county offered the Allens $20,000, but we could not find a record of that. He then said if Allen wants to negotiate directly with the county, he had to fire his attorney.
Then, York said if Allen and his attorney would come to the next meeting, he'd make a motion to offer him $20,000, but both attorneys said that's not how the process works.