Accused rapist threatens officials, taken to Larned

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, now is incarcerated at Larned State Security Hospital after threatening court officials.

According to a court document, a court official received a letter from Herbel that stated he would "eliminate his tormentors" and named law enforcement and other officials who would be "eliminated."

The defendant was out on bond, living in Marion, and wearing a monitoring device.

When the court received the letter, the state prosecutor requested the defendant's bond be revoked and he be remanded to the custody of the Marion County Sheriff which occurred Friday afternoon.

During the Friday afternoon hearing, the court found that based on a competency evaluation and prior psychological evaluations, Herbel was a danger to public and safety, and was immediately committed for evaluation and treatment at Larned State Security Hospital for a period not to exceed 90 days.

Within that time, the chief medical officer will certify to the court whether the defendant has a substantial probability of attaining competency to stand trial in the future.

The sheriff's department then transported Herbel to the Larned hospital.

Herbel was to be transported back to Marion County District Court for a hearing at 3 p.m. Tuesday.

Prior to Friday's incident, a motion was made by the defendant's attorney, assistant public defender Jennifer Chaffee, to allow Herbel to receive medical treatment.

The motion read that the defendant was in need of surgery to correct back problems and was to report March 12 to a Wichita hospital. He was expected to remain in the hospital for a few days. A post-operative appointment was scheduled for March 25.

A competency evaluation of the defendant also was a part of court records and had determined that Herbel was not competent to stand trial.

Medical personnel recommended the defendant be remanded to Larned State Security Hospital for treatment.

If Herbel is convicted, he faces a minimum sentence of 25 years imprisonment and a maximum of life imprisonment.