The Kansas Supreme Court Friday upheld the Reno County first degree murder convictions of Kyle Hardwick in the August 2021 shooting deaths of Phil Anstine and Marion “Ed” Bates, whose bodies were found on Anstine’s property east of Hutchinson.
In a unanimous opinion, the court rejected claims by Hardwick the district court erred in denying his request for a lesser included instruction of voluntary manslaughter based on a theory of imperfect self-defense, and it allowed prosecutors to discuss his post-arrest silence both before and after reading his Miranda rights.
The Bodies of Anstine and Bates were found Aug. 27, 2021, after Reno County Sheriff’s deputies had gone to the property for a welfare check after both men had been reported missing. When they arrived Anstine’s truck was discovered missing at that time, and while there they found a body later identified as Bates lying in a pond covered with recently cut branches.
The following day search warrants were executed on the property, where Anstine’s burned remains were located in a recently used fire pit covered in tin. A shotgun and other burned items were found in that pit, one of several on the property, with shotgun shells scattered around the area along with black zip ties. Liquid propellant, and a large metal box similar to one Anstine was known to use to store gold and silver.
Hardwick’s identification, financial cards, and a bus ticket were also found in a camper on the site among other things attributed to him. He was located Sept. 1, 2021 in Maize and taken into custody. Anstine’s truck was later found, in which there were multiple firearms, Anstine’s cell phone, the Keys to Bates’ vehicle, and other items linking Hardwick to the scene.
In May 2022 Hardwick was recorded talking to girlfriend attempting to dissuade her from complying with a subpoena in the case, and suggesting if she did testify, she would tell the court she previously lied about a phone conversation they had after the killings. This led to an additional charge of soliciting perjury, which he was also convicted of along with theft.
