Kent sentenced to prison; Arndt family files civil suit

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By Gwendolynne Larson (Contact), Bobbi Mlynar (Contact)

Originally published 03:06 p.m., August 12, 2008
Updated 12:49 p.m., August 13, 2008

Photo by Adam Vogler

Christine Arndt addresses Chief Judge Merlin Wheeler during the sentencing of Theron Thomas Kent Tuesday, Aug. 12. Arndt spoke with a photo of her son setting on the podium.

Theron Thomas Kent will spend nearly three years in prison for killing Beau Arndt, but his time in the court system is far from over. The Arndt family filed a wrongful death suit against the 57-year-old Topeka man about an hour before the sentencing hearing began on Tuesday.

Kent was convicted June 30 of involuntary manslaughter and two misdemeanors — criminal hunting and criminal discharge of a firearm. The charges stemmed from the Dec. 15 shooting death of Arndt. The 18-year-old was hidden in a blind while hunting geese with friends when Kent fired a single rifle shot into the field in northwest Lyon County. The shot hit Arndt.

Kent told investigators and later jurors that he was firing at a coyote from the road. His conviction and sentence also means he’ll never hunt again.

During the sentencing, which lasted about an hour and 15 minutes, Wheeler heard from Kent as well as a medical professional and two character witnesses for him. He also heard from Bob and Christine Arndt, Beau Arndt’s parents. The big question for the standing-room-only crowd of supporters on both sides was whether Wheeler would depart from the Kansas Sentencing Guidelines and grant Kent probation instead of the prescribed prison sentence.

Before issuing his decision, Wheeler heard from a Topeka social worker who said he’d been treating Kent for three months for depression and anxiety. Jim Woodward testified that he believes Kent suffers from post traumatic stress syndrome. Wheeler also heard from a fellow district judge, Dan Mitchell of the Shawnee County bench, who said he’s known Kent for 20 years.

“He is a man of honesty,” Mitchell said of Kent, “a man of character, and I believe given the opportunity of probation, he could do everything in his power to satisfy the conditions of probation.”

Kent’s sister, Sheila Remy, apologized to the Arndt family on behalf of her family and told Wheeler that she worried about what would happen to her mother’s health if Kent went to prison. Her brother, she said, helps their mother.

On the stand himself, Kent told Wheeler he was worried about what would happen to the 14 employees of his company, Kent Fence Co. in Topeka. Those 14 and their families depend on their jobs for their livelihoods, he said, and there is no one else who can take over the company. Also, he said, he would need income from the company to pay any ordered restitution in the case.

Said Don Hoffman, Kent’s attorney, “This case is based on negligence. ... This is a no-intent crime that has resulted in a horrible tragedy.”

That’s an issue that will come up in the civil suit, filed by Emporia attorney Monte Miller on behalf of Robert and Christine Arndt. The suit accuses Kent of negligence and wanton conduct in connection with Arndt’s death.

The negligence count in the civil suit states that the gunshot wound Kent inflicted on Beau Arndt had caused the 19-year-old “tremendous pain and suffering before he died from those mortal wounds.”

As a result, the suit states, the teen’s heirs have suffered economic loss, including funeral expenses, loss of filial care, services, attention and protection, as well as non-economic loss, such as mental anguish, suffering and bereavement, loss of society, comfort and companionship, and the loss of earnings Beau Arndt would have contributed to his parents during the remainder of their lifetimes.

The second count in the suit accuses Kent of wanton conduct and claims that the defendant “recklessly without regard for the safety of others fired a rifle ... and the bullet shot from that rifle struck Beau Arndt.”

Kent’s actions were wanton and reckless, and presented risk of danger to Beau Arndt and to others, the suit stated.

Each count in the suit asks for judgments in excess of $75,000, for the costs of the action against Kent, and for any other relief deemed appropriate by the court.

During the sentencing hearing, the Arndt family countered Kent’s arguments, contrasting a picture of a son who was raised to know there were consequences to his actions with an adult who has never admitted that he killed Beau Arndt.

Christine Arndt, Beau Arndt’s mother, pointed out the irony of being advised to make a victim statement that speaks “from the heart.”

“I can’t speak from my heart,” she told Wheeler. “Ever since Beau died it has been broken.”

She reminded the judge of all the milestones of life that her son will miss as well as the ways friends and strangers have made sure his life will not be forgotten. Then she turned to her perception of Kent’s accountability, beginning with a quote from Maya Angelou — “without courage, we cannot practice any other virtue.”

“If Mr. Kent had had the courage to stop the truck and help my dying son, if Mr. Kent at any time had had the courage to step up and take responsibility for the shot that ended by son Beau’s life, if Mr. Kent had had the courage to be honest with my grief-stricken husband, then I, too, would have the courage to forgive.”

Bob Arndt followed his wife, telling Wheeler about his son’s character, particularly stressing Beau’s sense of accountability. Wheeler picked up on the same trait while explaining his decision.

The Kansas Sentencing Guidelines mandate prison for involuntary manslaughter, although Wheeler would have the discretion to suspend a prison sentence for probation. In the end, the judge declined.

“Whether you were firing at a coyote is immaterial to me today,” Wheeler said. “You decided to pull the trigger and that decision ultimately led to the death of a young man.

“I cannot in good conscience condone such actions. A man of your age and position as a hunter should have had no idea in mind of firing anywhere on property which you did not have permission to hunt.”

Kent’s official sentence is 32 months in prison followed by 24 months of post-release supervision. He also was ordered to pay court costs as well as $11,274.79 in restitution to the Arndt family. He also was ordered to register as an offender for 10 years after his release from prison and is prohibited by federal and state law from “possessing or carrying a firearm for any purpose whatsoever, even lawful pursuits such as hunting,” Wheeler said.

He then denied a request from Hoffman to stay the sentence for 10 days to allow Kent to get his affairs in order. The request drew a quiet comment from Arndt’s supporters — “he’s had seven months to do that.”

Lyon County Attorney Marc Goodman agreed, telling Wheeler the state opposed the request.

Once Wheeler recessed the hearing, Kent was taken into custody by courthouse security to be taken to Lyon County Jail. As he was led away, one supporter called out, “We love you, Tommy.”