Correction: 9:21 p.m. Aug. 5. This story was corrected to quote Ellis County Attorney as referring to Jordan Burgess as a serial sex offender.
By CRISTINA JANNEY
Hays Post
A Hays man was sentenced Monday to more than six years in prison on drug-dealing and sex charges after an emotional morning in court where his victim discussed her turmoil and supporters testified the defendant was a changed man after pursuing recovery for drug addiction.
Jordan Bradley Burgess was sentenced to 78 months in prison on a charge of distribution of cocaine and 40 months in prison on a charge of possession of cocaine, with both sentences to run concurrently.
He also pleaded to three counts misdemeanor sexual battery through an Alford plea, as well as a DUI charge with those sentences to also run concurrently with his prison sentence on the cocaine charges.
He will also be required to register for life as a sex offender.
Burgess has a criminal record, including sex and drug charges going back to 2018. He had 19 convictions, which put his criminal records score for sentencing at an A, which is the highest level on the sentencing grid.
Based on the Burgess' criminal record and charges, state sentencing guidelines would require a prison sentence. Ellis County Attorney Aaron Cunningham requested 118 months in prison under the plea agreement.
However, Burgess' attorney, Kurt Kerns, filed a motion for a dispositional departure based on Burgess' participation in an intense drug recovery program.
Cunningham repeatedly referred to Burgess as a serial sexual offender as he cross-examined the six witnesses who were called to testify on Burgess' behalf.
However, before those witnesses took the stand, a victim of Burgess' alleged sexual abuse gave a statement.
She said she was haunted by Burgess' acts against her on May 29, 2021. She said the incident left her a "damaged shell of her former self," and said she was plagued by anxiety attacks and nightmares.
"That one night will last my lifetime," she told the judge, and urged him to do what was just, right and true.
Burgess was originally charged with rape, attempted aggravated criminal sodomy and aggravated sexual battery, all felonies. Those charges were amended to misdemeanor sexual battery charges per the plea agreement.
In an Alford plea, a defendant maintains their innocence but acknowledges the prosecution has enough evidence to convict them.
In his address to the court before sentencing, Burgess did not discuss the sex charges or address the victim of his sexual crimes.
Those supporting Burgess testified to a dramatic transformation during the last year after he entered rehab in June 2024, which has included passionately trying to help others who are suffering from addiction and seeking a faith-driven life.
John Trembley, former Community Corrections director, testified he had never seen a more significant transformation than he has seen in Burgess.
Trembley said he regarded Burgess like a son.
"It's rare for someone to walk out of rehab and not use again," he said.
However, he said he believed Burgess was committed to his recovery and was not a threat to the community.
He said he was not attempting to excuse Burgess' behavior. Still, he thought he could be a contributing member of the community, and community corrections was the better alternative for Burgess.
"If we are here for 100% punishment for his past behavior, then there's nothing I can say," Trembley said.
He added, "I know the impact he has had on everybody. I know he is a changed man."
Cunningham asked Trembley if treatment for sex offenders was different from the treatment of substance abuse. Trembley said yes.
Cunningham also asked Trembley if he thought Burgess should have consequences for his crimes.
Trembley said, "Community corrections is not meant to be a cake walk. He is going to have a lot of consequences in his life.
"I have a daughter and granddaughter, and if I thought he was a risk, I wouldn't be here," he said.
Justin MacDonald, who leads a Bible study at the Family Worship Center, testified about Burgess' conversion and baptism.
"I think our city would be better if we had more men like Jordan," he said.
MacDonald said he had only known Burgess for 16 months and was not fully aware of his previous criminal history.
Several witnesses, who had participated in recovery programs with Burgess, also testified on his behalf.
Cade Gerhard said he had been struggling with alcoholism. He called Burgess out of desperation, and Burgess drove him to treatment.
Even after Gerhard relapsed, Burgess continued to call and encourage him in his road to recovery, he said.
Gerhard credited Burgess with saving his life.
"I think sending him to prison would be a disservice to the community," he said.
In his allocution to the court before sentencing, Burgess said he was a changed man. He said he wanted to be a father to his 11-year-old daughter.
He said he wanted to help people and to live as a "Godly man in service moving forward."
In his final statements to the court, Cunningham said Burgess had been given many chances on community corrections and had gone from using alcohol to marijuana to being a cocaine dealer.
"The best predictor of future behavior is past behavior," he said.
He said a prison sentence was not only warranted as punishment and a public deterrent, but also a matter of public safety and again referred to Burgess as a serial sex offender.
In 14 years, probation has not been helpful, Cunningham said.
Despite Burgess' plea to the sex charges, Burgess' attorney Kerns said the charges were based on false accusations.
Kerns said he had never had a client in more than 30 years who had attended recovery meetings every day for more than a year.
He asked the judge to give Burgess "a single opportunity to prove who he is."
Judge Curtis Brown said he was impressed by Burgess' dedication to his recovery and faith. He said deciding on Burgess' sentence was not easy.
However, he denied the defense's motion for a dispositional departure and probation.
"I think this is just, fair and true in regards to this matter," Brown said.
Brown encouraged Burgess to continue his mission to help others during his time incarcerated with the Department of Corrections.
Burgess spent two days in jail, for which he will be given credit toward his sentence, but he had been out on bond for the majority of the time since his arrest.
Burgess was remanded to begin his sentence with the Kansas Department of Corrections immediately.