Affidavit provides details about allegations in murder case

John Richmeier
The Leavenworth Times
Eva O. Banks

A Leavenworth woman initially told police she did not see how her fiance got stabbed. But she later admitted to stabbing him because she was tired of him beating her.

That is according to a probable cause affidavit that was prepared in the case of Eva O. Banks.

Banks, 39, is charged in Leavenworth County District Court with second-degree murder.

The charge stems from the June 12 death of Jerrold Rhodes. He was found stabbed at a residence on Fourth Avenue. He was pronounced dead at the scene.

The probable cause affidavit was prepared by Detective Laura Flynn of the Leavenworth Police Department following Banks' arrest.

Probable cause affidavits are initially sealed in criminal cases under state law. But a judge released a copy of the affidavit in Banks' case following a request from the Leavenworth Times.

The document provides information collected by the police as part of their response to a 911 call and an investigation of the stabbing.

According to the affidavit, Banks called 911 and reported her fiance had been stabbed. Banks told police officers who responded that she had picked up her fiance from a convenience store in Leavenworth. Banks told police Rhodes appeared fine at that time but she believed he was under the influence of something.

Banks told police she drove Rhodes to their home in Leavenworth. Banks said that, while playing with one of her children, she heard a loud noise from a bathroom. She told police she found her fiance on the bathroom floor with a stab wound in his abdomen, according to the affidavit.

Banks reportedly told police that she did not see the injury when she drove Rhodes home, and she believed he had removed his shirt in the living room after arriving at the residence.

A detective who searched the residence only found blood in a master bedroom and master bathroom. The detective did not find any drops of blood leading up stairs from the ground level to the bedroom, according to the affidavit.

The detective also found a white powder substance in the bedroom and what appeared to be drug paraphernalia, according to the affidavit.

When later interviewed by Flynn, Banks reportedly admitted to stabbing Rhodes. Banks told the detective that she and Rhodes argued when they returned from the convenience store. Banks said Rhodes would not let her sleep. She said her fiance attempted to drag her across a bed, and she blocked her face to prevent him from hitting her.

Banks told the detective that she grabbed a kitchen knife that had been left next to a television in the bedroom, and she followed her fiance into the bathroom, according to the affidavit.

Banks told Flynn that she and Rhodes continued to argue. Banks told the detective that she shoved Rhodes onto a toilet and stabbed him, according to the affidavit.

Banks remains in custody at the Leavenworth County Jail. She is next scheduled to appear in court July 7 for a status hearing.

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