Jim Ellis was later released on his own recognizance. Barton County Attorney Rick Scheufler has asked Great Bend attorney Joel Jackson to prosecute the case.
Formal charges are pending.
The Barton County Sheriff's Department was investigating the case last year when Ellis ran for a seat on the county commission. To avoid a potential conflict of interest, the case was turned over to the Kansas attorney general's office, which concluded that it didn't have enough evidence to proceed with a case at that time. The initial investigation led authorities to suspect that Ellis had taken money from Daniel J. Zimmerman, owner of the Zip's Stop convenience store in Ellinwood. Ellis, who called the store Ellis Island, had a 1997 contract to purchase it from Zimmerman. Zimmerman has since regained control of the store and again calls it Ellis Island.