FORT SCOTT — Senior Judge Merlin Wheeler denied a request Thursday from the Kansas Attorney General’s Office to add a felony charge of voter intimidation against Bourbon County Commissioner Mika Milburn-Kee, ruling that the last-minute request would unfairly delay the case and prejudice the defense.
The decision came during what had been scheduled as a pretrial conference ahead of Milburn-Kee’s July 6 jury trial. Instead, the hearing centered on prosecutors’ request to amend the complaint by adding one count of intimidation of a voter, a severity level 7 nonperson felony.
Assistant Attorney General Olivia Higdon told the court that the request was timed to encourage the defense to seek a plea bargain. Higdon said the state had hoped to offer Milburn-Kee a plea deal that would allow her to keep her county commission seat, drop the Class B misdemeanor charged against her and keep only the Class A misdemeanor.
Higdon said that if the case was going to trial, the state wanted to bring all charges it felt it could prove beyond a reasonable doubt, which included the voter intimidation charge.
After Wheeler denied the motion, Higdon moved to dismiss the case, telling the court the state intended to immediately refile the charges in a new complaint that includes the proposed felony count.
Defense attorneys Tricia and Tom Bath objected, arguing the dismissal should not affect Milburn-Kee’s speedy trial rights.
Wheeler granted the state’s motion to dismiss but ordered that any refiled case must use the original speedy trial calculation beginning April 15, 2026, when Milburn-Kee waived formal arraignment. He said the state would not receive additional speedy trial time by dismissing and refiling the case.
During the hearing, Wheeler questioned why the Attorney General’s Office waited until the eve of trial to seek the additional charge.
“This is not the first time that I’ve had criminal cases involving the Attorney General’s Office who comes in with last-minute things that are really substantive issues,” Wheeler said.
Prosecutors argued the proposed felony charge arose from the same events as the existing misdemeanor case and said defense attorneys had been notified months earlier that the state was considering the additional count. Higdon acknowledged that adding a felony charge would require a preliminary hearing before the case could proceed to trial.
The defense argued the motion was filed too late, saying counsel received it only the afternoon before the hearing after months of preparing for trial on the misdemeanor charges. The attorneys also disputed the state’s characterization of earlier discussions about the possible felony charge.
Following the dismissal, Higdon told the court the Attorney General’s Office expected to file the new complaint later that day using the original probable cause affidavit. Defense counsel agreed to accept service of a summons electronically.
Wheeler scheduled Aug. 3 at 1 p.m. for a first appearance and preliminary hearing in the anticipated refiled case.
The judge also noted that the Bourbon County Courthouse elevator remains out of service, creating accessibility concerns if large crowds attend future hearings. Wheeler said he expects significant public interest in the case.
Milburn-Kee was originally charged with interference with the conduct of public business in a public building, a Class A misdemeanor, and disorderly election conduct, a Class B misdemeanor. The charges stem from an Oct. 25, 2025, incident during early voting at the Bourbon County Courthouse, where prosecutors allege she remained in the polling area after being instructed to leave.
The charges are allegations. Milburn-Kee has pleaded not guilty and is presumed innocent unless proven guilty in court.
According to the Attorney General’s Office, the security camera video of the incident can be viewed by appointment at the County Clerk’s Office.
