Douglas County plea drops rape charge in domestic-violence case

Drew Botello’s Douglas County case ended with a plea deal that erased a rape count but still left him convicted of repeat domestic battery and interference with law enforcement, a result that keeps felony consequences and court supervision in place for a Lawrence domestic-violence case.

In Douglas County District Court on June 4, Botello pleaded guilty to third or subsequent offense domestic battery and interference with law enforcement. Prosecutors dismissed the single rape count as part of the agreement, and the factual basis presented in court focused on the Jan. 9 domestic disturbance at an apartment on Louisiana Street in Lawrence, not on any sexual allegation.

Prosecutor Todd Hiatt told the court officers heard a woman yelling from inside before they kicked down the door and found Botello resisting arrest. Hiatt said Botello was kicking, squirming and yelling, and had to be restrained with a WRAP full-body device. He also said Botello punched the woman in the upper back during the argument, and she felt like her shoulder was out of place.

The plea agreement called for 180 days in jail, with 90 days on house arrest, along with multiple years of probation. But Judge Stacey Donovan, who presides over Division 6 felony cases, said she was not bound by the recommendation. Donovan said Botello could face up to one year in jail and a $7,500 fine on the domestic-battery count, and 5 to 17 months in prison on the interference charge, depending on his criminal history.

The domestic-battery conviction matters because Kansas treats a third or subsequent offense within five years as a person felony. That statute carries a sentencing range of 90 days to one year in jail and a fine of $1,000 to $7,500. Kansas law also allows interference with law enforcement to be charged as a felony in some situations, including conduct tied to obstruction, resistance or flight.

Defense attorney Jennifer Amyx told the court Botello had been heavily intoxicated, later entered inpatient treatment and is sober and on medication. She also said Botello and the victim have a daughter and asked for a bond modification so he could have contact with the child again. Donovan granted that request after saying the victim had told the Douglas County District Attorney’s Office she was comfortable with it.

The case comes as domestic-violence advocates in Douglas County continue to warn about limited resources. The City of Lawrence directs victims to the Douglas County District Attorney’s victim-witness coordinator for rights and referral information, while The Willow Domestic Violence Center serves survivors in Douglas, Franklin and Jefferson counties and says its emergency shelter can hold up to 28 survivors and their children. On Sept. 4, 2024, Kansas domestic-violence programs participating in the National Network to End Domestic Violence count said they served 650 victims in 24 hours and turned away 70 requests for help, about 20% of them for emergency shelter or other housing.