JUDD WEIL
Hutch Post
HUTCHINSON, Kan. — Maintaining his defense to the very end that he was drugged, raped, and shot at, Kyle V. Hardwick was sentenced to two consecutive life sentences for the murders of Marion Edward “Ed” Bates, 56, and Phillip “Phil” D. Anstine, 58, both of Hutchinson, on April 7.
Kyle V. Hardwick was represented by Scott Loftis, an attorney from Ponca City, Oklahoma. Hardwick pled not guilty through the entire trial.
He was initially charged with:
Two counts of intentional and premeditated murder in the first degree.
One count of theft of property or services, valued at $1,500 to $25,000, and an alternating count of theft of property or services of a firearm with a value less than $25,000.
One count of solicitation perjury; testify to material fact in felony proceeding.
On Aug. 27, 2021 Reno County Sheriff’s Office deputies were dispatched to 1016 N. Palomino Trail in Reno County based on information they received regarding the owners of that property.
When they arrived at the scene, deputies spoke to three witnesses present at the property who were concerned because they had been unable to contact Ed Bates or Phil Anstine since the evening of Aug. 25, 2021.
A search of the property followed. They eventually discovered a body in a shallow and mostly dry pond on the property that had been covered by tree branches. A further check of the property resulted in the discovery of the badly burned and charred remains of a second body in a burn pit that had been covered by a pallet and metal sheeting.
A search warrant for the property, called “the compound,” was obtained and then executed on August 28, 2021.
Both bodies were recovered. Along with the charred body in the burn pit, other items such as the remains of a shotgun barrel were recovered.
Forensic investigation conducted by Dr. Scott Kipper with the Sedgwick County Forensic Center and Reno County District Attorney’s Office determined the bodies to be of Ed Bates and Phil Anstine.
Autopsies determined they were killed by a shotgun, and the manner of death was determined to be homicide.
Subsequent investigation led to the arrest of Kyle V. Hardwick on Sept. 1 in Maize, Kansas near a Dollar General where he had made purchases. Formal charges of premeditated intentional murder of each victim and two alternative counts of theft were filed in Reno County District Court by the Reno County District Attorney’s Office.
A count of solicitation to commit perjury was added to the complaint after a May 19, 2022, telephone conversation during which it was alleged that the defendant attempted to solicit perjury from a witness, identified as a woman intimately known to him as Sherry Reed.
A jury trial commenced on the complaint on Jan. 24, 2023.
The Reno County District Attorney’s Office called approximately 60 witnesses and submitted more than 130 exhibits during the trial which lasted about two weeks.
The defendant, Hardwick, claimed at trial that he had killed Ed Bates and Phil Anstine in self-defense.
Described by the state in their opening statement, the "compound" is a property east of Hutchinson, where Ed Bates and Phil Anstine would frequent. It had various other additions like buildings built on it, a camper, a dried-up pond, and burn pits. The two men would hang out there, shoot firearms, and overall hone their survival techniques.
Of the two male victims, Hardwick knew Phil Anstine.
Hardwick did not know Marion Bates, but had a prior association with Phil Anstine through work that included building houses, akin to Habitat for Humanity. Anstine was said to have overseen much of the work, while Hardwick assisted with installation.
Hardwick called Anstine a friend and they were said to have a mutual interest in firearms. They were said to be close enough that they would travel to visit each other from time to time, but not frequently.
Hardwick’s last visit to see Anstine was said to be because of personal problems in his life. He wanted get out of Kansas City for a while.
Hardwick was said to have taken a Greyhound bus from Kansas City, Missouri to Hutchinson, Kansas to visit Anstine.
Loftis told the jury that Anstine had dropped off Hardwick at the compound with a set of keys. Hardwick was said to have permission to drive Anstine’s truck and had those keys as well.
Anstine then returned shortly after with Little Caesar’s pizza and Samuel Adams beer.
Hardwick’s defense by his attorney and by his own testimony, said he began to feel strange or ill after consuming some of the beer and the pizza.
Hardwick’s symptoms were described as stomach pains, light-headedness, and disorientation. Hardwick was said to have voiced his sudden illness to Anstine, and then went to the camper on the property where he passed out. Hardwick was said to not remember passing out in the camper.
Hardwick alleged he woke up the next day, still disoriented, face down on a bed in the camper with his pants down, and a pain in his anus.
He said he surmised he was raped.
Upon leaving the camper to search for Anstine out of concern, Hardwick returned to the camper.
Anstine is said to have returned to the compound with a shotgun in his hands.
Hardwick said he tried to tell Anstine of his situation, but became suspicious when Anstine was said to have been dismissive.
When Hardwick then accused Anstine of raping him, Anstine cocked and aimed his shotgun at Hardwick.
Hardwick said he wrestled the shotgun out of Anstine’s hands.
Anstine was said to have then pulled a .380 semiautomatic pistol and pointed it at Hardwick, causing Hardwick to fatally shoot him with the shotgun.
Still disoriented from the prior drugging and rape, the defense said that Hardwick then made his way to the pumphouse, north of the camper, for water.
Loftis described to the jury what happened next as, “one of the real tragedies of this case.”
Another man, unknown to Hardwick, appeared and shot at Hardwick. Hardwick shot back with the shotgun he had taken from Anstine, striking the second man.
After a while, determining the man is dead, Hardwick approached the body and searched the man and discovered his identity as Ed Bates.
Loftis said, more than likely Bates was not part of Hardwick’s alleged rape, and only came to aid his friend, Anstine.
The state, consisting of District Attorney (DA) Thomas Stanton and Deputy District Attorney Andrew Davidson, called a number of witnesses, including friends of the victims, forensic analysts with the Kansas Bureau of Investigation (KBI), and Sherry Reed herself, who corroborated the state’s opening statement that accused Hardwick of killing the pair for different reasons.
The KBI’s testimony mostly addressed the recovery and forensic testing of a red truck, which belonged to Phil Anstine, which was found at Pretty Prairie Road and Victory Road in October 2021.
Hardwick’s DNA was found on multiple places on the truck as well as on items of evidence found in the truck.
Sherry Reed was the key witness of the trial, having turned in numerous evidence to the Reno County Sheriff’s Office.
During his testimony, Chase Mattingly, the boyfriend of Sherry Reed’s daughter, said he had overheard part of a phone conversation between Hardwick and Reed on Aug. 31, 2021.
He only understood part of the conversation, and said he had heard Hardwick tell Reed he had messed up.
During cross-examination by the defense, Mattingly said he did not know what Hardwick was referring to at the time.
Hardwick’s additional count of solicitation to commit perjury stems from a FaceTime call between the defendant and Reed.
The FaceTime call had been played in court prior when Hardwick was bound over in June 2022, and was played again on Jan. 27.
In the recorded FaceTime conversation, Hardwick repeatedly tells Reed not to show up for the hearing and, if she did testify, to tell the court she was mentally unstable and on drugs. At one time he said, “Please don’t come,” and repeatedly said, “you don’t have to show up.”
Hardwick was also noted as telling Reed to “just tell the truth.”
Hardwick is also quoted to have said that “Phil was a friend and he dropped like a martyr.”
Reed grew to become inconsistent with her testimony, claiming to not remember things she said even when her prior testimonies were presented to her.
Brought up during the case, Hardwick was said to have told Reed he would have to kill his mother.
During his own testimony when cross-examined, Hardwick would also prove inconsistent and become frustrated to the point he would accuse the state of “putting words in his mouth.”
Hardwick also told the jury he had thoughts of suicide when he arrived to Hutchinson.
The presentation of evidence concluded on Feb. 1.
It was determined that Hardwick was stealing various guns, ammunition, and other items when Ed Bates caught him, prompting Hardwick to shoot him and move his body.
Phil Anstine later discovered Hardwick and was killed in an execution style in the burn pit.
Closing statements were made to the jury, and the jury began its deliberations, reaching one the morning of Feb. 2 at 10:45 a.m.
The jury delivered a verdict of guilty in the case of the State of Kansas v. Kyle V. Hardwick.
Hardwick was convicted of two counts of intentional and premeditated murder in the first degree and one count of theft of property or services, valued at $1,500 to $25,000, along with one count of theft of property or services of a firearm with a value less than $25,000 and a count of solicitation of perjury; testify to material fact in felony proceeding.
During sentencing, two months later, the family and friends of Marion Edward “Ed” Bates and Phillip “Phil” D. Anstine delivered statements to Hardwick.
They informed how Hardwick’s actions had impacted their lives. Many of them implored the court to hand down the maximum punishment.
In the State of Kansas, the burden of proof on the prosecution is extremely high in murder cases and if there is an element of doubt in a defendant’s guilt, a jury will not be able to reach conviction.
Judge Keith Schroeder reminded the jury and the gallery of this throughout the case.
When sentencing Hardwick, Judge Schroeder made note of the lack of sympathy from Hardwick for his actions, and that he would return in kind.
Stipulated with Hardwick’s life convictions, he will not receive good time credit. Additionally, he will be required to register as a violent offender.
Concurrent with his life convictions, Hardwick will serve eight months for his third alternative count of theft and seven months for solicitation of perjury.
“The Bates family is very satisfied with the outcome,” Ken Bates, brother of Ed Bates, said. “Justice is served.”