SALINA, KS — The Kansas Supreme Court has ruled that the state failed to provide sufficient evidence to justify a $40,762 restitution order in the case of State v. Adam Drew Humphrey, overturning both the district court’s decision and the Court of Appeals ruling.
The case stems from an August 2020 incident in which a bullet fired from Humphrey’s vehicle struck a Salina police officer during a pursuit, causing serious injury. Humphrey later pleaded no contest to aggravated battery of a law enforcement officer and received a 247-month prison sentence.
At sentencing, the State of Kansas requested over $40,000 in restitution to cover the officer’s medical bills and related costs. The only documentation presented to support this amount was a one-page claim summary. According to the court’s opinion, only $17,193.19 of that total was clearly identified as “medical” expenses. The remaining $23,569.25 appeared under vague categories such as “EXPENSE,” “LEGAL,” and other abbreviated labels with no detailed explanation.
Although Humphrey did not object to the amount during sentencing, the Supreme Court ruled that such a challenge can still be raised on appeal. Writing for the Court, Justice Wall emphasized that defendants are not required to object in the lower court to preserve challenges where the State bears the burden of proof, as with restitution amounts. The Court cited precedent establishing that appellate courts may review whether restitution is supported by substantial competent evidence, even when no objection is raised at sentencing.
“The substantial-competent-evidence standard, though a low bar, is not satisfied here,” the Court stated. “The State failed to prove that the entire $40,762.44 constitutes ‘medical bills incurred by’ the officer.”
The ruling vacates the restitution order and remands the case back to district court for a new hearing, giving the State another opportunity to provide proper documentation if it seeks to reassert its claim.
The case is State v. Humphrey, No. 125,925, and was decided on May 9, 2025.
