Accused rapist recovering in El Dorado jail

Randy Herbel, who was charged with rape and sexual intercourse with a child under the age of 14 from an alleged incident that occurred Aug. 1, 2006, was allowed to have back surgery May 14.

Herbel and his physician claimed that the surgery was necessary and the court agreed.

It was determined by Judge Ben Sexton that the Marion County Sheriff's Department would transport Herbel to Via Christi Medical Center-St. Francis campus, Wichita, and a deputy would remain with Herbel throughout his hospitalization.

It was reported that Herbel was dismissed from the hospital May 19, and then transported to the Butler County Jail, El Dorado, because there is a nurse on-staff to monitor his recovery.

Herbel will remain in the custody of the Butler County Sheriff until his medical doctor releases him. A two-week checkup will be conducted May 28, which should determine when he might be released from the doctor's care, Marion County Attorney Susan Robson said.

When Herbel is released from his doctor's supervision, he will return to the Marion County Jail where he is being held on $150,000 bail because Herbel threatened to "eliminate" law enforcement and court officials in an incident that occurred in March.

At a previous court hearing, Marion County Sheriff Lee Becker informed the court that the county probably wouldn't have to pay any medical expenses associated with the surgery and rehabilitation because Herbel had his own insurance.

State statute requires entities that incarcerate individuals to be responsible for the care of inmates, which includes food, shelter, and medical needs.

A competency hearing for Herbel is scheduled for 9 a.m. Thursday at Marion County District Courtroom.