Bollinger appeal denied by Kan. Supreme Court

The Kansas Supreme Court has upheld the felony murder conviction of a Fort Scott man whose wife died in a 2011 arson fire.

In an opinion released Friday, the court rejected arguments made by Brent Bollinger in an appeal of his life sentence for the death of his wife, Brenna Nicole Bollinger, who died in a fire at the couple's home in October 2011. Brenna had filed for divorce but still lived at the house, the Associated Press reported.

An eight-day trial that included testimony from 60 witnesses took place in Bourbon County District Court in September 2013 to determine the fate of Bollinger, who stood trial for his involvement in a deadly Oct. 13, 2011 house fire on Grand Road.

Bollinger, who was found guilty by a jury of first degree murder, aggravated arson and aggravated child endangerment, was sentenced in November 2013 by Bourbon County District Judge Mark Ward to life in prison for the county of felony murder, with the stipulation that he would not be eligible to go before a parole board for at least 20 years.

Bollinger also received a sentence of 61 months in the Kansas Department of Corrections for the count of aggravated arson and a 7-month sentence in the KDOC for the count of child endangerment. The sentences were scheduled to run consecutively. Ward also ordered Bollinger to pay $6,253 in restitution to the victim's family.

The 2011 house fire left Brenna Bollinger dead and their then 2-year-old son, Bryson, badly burned. Bollinger also suffered severe burns in the fire. Bryson was hospitalized for nearly a month after the fire.

Attorneys representing both sides of the case and several family members of the defendant and victim attended the trial and sentencing hearing for Bollinger.

The jury for Bollinger's trial was selected from a pool of about 200 potential jurors. Jury selection took place at the Danny and Willa Ellis Family Fine Arts Center on the Fort Scott Community College campus.

Bollinger was arrested and booked on charges in January 2012.

Bollinger argued in his appeal that his wife had no interest in the home, which is an essential part of the state's arson law. He also claimed the prosecutor made inappropriate comments during the trial.

Bollinger's attorney, Paul Morrison, filed a motion for a new trial one week after the trial concluded. Ward denied that motion during a post-trial hearing that took place Nov. 18, 2013 with attorneys from both sides of the case present.

Attempts to reach Morrison for comment Friday were unsuccessful.