May 2 date set for Freeze sentencing

The Bourbon County District Court has set Kohlby Freeze's sentencing date for 1 p.m. May 2.

This is the second time a sentencing has been set for Freeze. The first time, in January, was changed to a status conference where Freeze discussed the case with his lawyers and Sixth Judicial Chief Judge Richard Smith, who is presiding over the case.

In October, Freeze pleaded guilty to second degree murder in the death of Karl "Rex" Schenker, his mother's fiancé, at her house on Eddy Street.

At that hearing, Freeze initially told the judge his action were not intentional and that he didn't want to plead guilty.

After speaking to his attorney, however, Freeze recanted his earlier statements and pleaded guilty.

Another status conference was held in February. Finally, the court set May 2 as the sentencing date.

When sentencing occurs, Freeze will face anywhere from 20 to 25 years in prison for the murder charge. Also, he pleaded guilty to battery on a correctional officer for which he faces between 4 and 4 1/2 years in prison. The incident happened at the Southeast Kansas Regional Correctional Center in March 2006. However, he could receive credit for time served, because he's been incarcerated for 1,384 days.

He'll be sentenced to both charges together, and the Bourbon County Attorney's Office will argue to have the sentences run consecutively.

The sentencing rescheduling has mirrored the entire case, which has dragged on slowly since Freeze was originally charged with first degree murder in March 2004. It was slowed by numerous competency hearings and mental evaluations Freeze

underwent because of questions on whether he was stable enough to stand trial.

The case has been emotional for both the families of Freeze and Schenker. Schenker's family has been closely watching the developments and considered making a public statement about the case but declined until the case is over.

Smith has said during Freeze's court proceedings that he won't tolerate any outbursts of emotions. Sentence hearings usually are emotional because the court allows people who either support the defendant or victim to give statements.