Kansas Parole Board Reconsiders 1978 Trooper Murder Case

TOPEKA, Kan. — The Kansas Parole Board has decided not to grant parole to Jimmie K. Nelms after initially planning to release him, sparking widespread public criticism and prompting the state governor to intervene.

Gov. Laura Kelly acknowledged the Prisoner Review Board’s change of course regarding Nelms, a man convicted for the 1978 murder of Trooper Conroy O’Brien. Republican leaders expressed relief and gratitude that their criticisms appeared to influence the board’s decision.

Nelms, who is now 78 and originally from Tulsa, Oklahoma, was handed two life sentences for the aggravated kidnapping and murder of Trooper O’Brien, which occurred following a traffic stop near Wichita on the Kansas Turnpike.

While current Kansas law allows for the death penalty or life imprisonment without parole for murdering a law enforcement officer, at the time of Nelms’ conviction in 1978, the death penalty was not in place. His life sentences made him eligible for parole after 15 years, in line with the more lenient sentencing laws of that era. Past parole attempts by Nelms have consistently been denied, including the latest in 2021.

Kansas Attorney General Kris Kobach criticized the initial parole board decision, questioning the appropriateness of parole for someone serving two life sentences for killing a police officer. Kobach and Kansas Senate President Ty Masterson are considering reforms to the parole board structure.

Currently, the board is made up of veteran employees from the Department of Corrections, appointed by its top administrator, who is accountable to the governor. This system was established in 2011 by former GOP Gov. Sam Brownback in a cost-cutting measure, replacing the governor-appointed board system that required Senate confirmation.

The Kansas State Troopers Association expressed gratitude for justice being reaffirmed and committed to efforts preventing such incidents in the future. In Kansas, the governor does not have the authority to override parole decisions, making the board’s reversal a rare occurrence.

Wanda Bertram of the Prison Policy Initiative noted that while uncommon, a state board reversing a parole decision is not unheard of, citing a similar instance in Wisconsin at the request of its governor.

However, some, like Bruce Hedrick of Legal Services for Prisoners Inc., perceive the reversal as unjust. Bertram argued that denying parole based on crimes that the inmates cannot change is a harsh practice that misguides incarcerated individuals by providing false hope.

Nelms has spent the majority of his sentence in maximum-security prisons but was moved to a lower-security facility in 2023, where he works in the prison laundry.

The situation gained attention after a decision to release Nelms was revealed post a March 6 hearing, and it wasn’t made public until the Kansas State Troopers’ Association highlighted it on May 8. Gov. Kelly then requested reconsideration on May 9, followed by a subsequent board hearing for Nelms a week later.

Authorities described Nelms’ crime as premeditated and ruthless. While Trooper O’Brien was issuing a ticket, Nelms allegedly threatened him at gunpoint, confiscated his gun, and shot him twice, leaving him for dead. The young officer was 26, leaving behind a pregnant wife, while Nelms was 31 at the time of the crime.

Kansas House Speaker Dan Hawkins voiced concerns over the initial parole decision, stating that such an error underscored the importance of the public’s voice in ensuring justice.