By JAMES BELL
WAKEENEY — Sitting shackled at the defense table in Trego County jail orange attire, Scott Bollig was sentenced Thursday morning to 117 months to be served under the Department of Corrections for conspiracy to commit first-degree murder.
The case centered around the January 2014 death of an unborn fetus, carried by his girlfriend Naomi Abbott. In November, Bollig, 32, was acquitted on charges of first-degree murder, battery and adulterating food during the trial.
However, Bollig was convicted on the conspiracy charge as well as conspiracy to commit domestic violence.
The later charge was dropped after the court ruled he could not be convicted on two counts for the same crime.
During testimony given during the sentencing hearing, Bollig maintained his innocence.
Bollig’s attorney, Dan Walter, filed two motions prior to the proceeding for a downward departure sentencing and a post-conviction bond.
Downward departure sentencing would have allowed District Judge Glenn Braun to forgo Kansas sentencing guidelines.
Both requests were denied.
Walter lobbied during the proceeding that Bollig had continued being a productive citizen after his arrest and through the trial and was innocent.
“I did not commit a crime,” Bollig said.
“She did it to herself,” referring to the ingestion of a drug that terminated Abbot’s pregnancy.
He also testified during his trial he had found odd jobs in construction and on the family farm and had continued his education – even earning a pilot’s license.
He proposed to the judge that he should be released so as not to be a “liability to every taxpayer out there.”
“I just want to be a productive member of society,” Bollig said. “I can’t do that in jail.”
Prosecutor Jessica Domme, assistant Attorney General, argued against the departure sentencing, noting the jury had made its decision and the court should follow it.
The state asked for standard sentencing in the case, but the defense also wanted the court to take into account the “thin” evidence in the case.
Ultimately, the court agreed with the prosecution.
Braun said the sentencing hearing is not an opportunity to retry the case, noting the court is governed by the law, citing case law that affirmed standard sentencing should be used.
Bollig was sentenced to 117 months, with a 15 percent potential reduction and 36 months post-release supervisionCredit was given for 97 days Bollig already served.
He must also pay related fees and court costs around $1,500.
Immediately after sentencing, Walter asked the court for a post-conviction bond and announced his intention to immediately file an appeal of the conviction.
Bollig offered to put his home, rental property, vehicles and the value of his IRA as bond.
The state argued family assets and his newly acquired pilot’s license made Bollig a flight risk and so asked for a $1 million bond – double the bond amount before the conviction.
Again, the court agreed with the prosecution.
In denying the bond request, Braun said now the presumption of innocence is gone in the case and Bollig is a potential flight risk.