The Kansas Supreme Court issued opinions Friday morning upholding the convictions and death sentences for Reginald and Jonathan Carr, convicted of capital murder in the killings of five people in 2000.
The court issued separate opinions for the appeals filed by the brothers, stating that while errors were made during their trial, the errors would not have led the jury to reach a different conclusion regarding the death penalty. Chief Justice Marla Luckert issued a partial dissent, stating that there was a reasonable possibility that the jury might have reached a different decision on the sentence.
Sedgwick County District Attorney Marc Bennett said a major hurdle has been cleared in the direct appeals process in the case. He said he talked with family members of the victims and they expressed relief that the case has moved to this point, and they’re ready to get to the next stage to get the case resolved once and for all.
Bennett said defense attorneys could appeal to the U.S. Supreme Court, and if the court decides not to hear the case, that would end the direct appeal process. There are then two stages of appeals, involving such issues as the effectiveness of the defense attorneys. After the appeals are completed, the case would likely go back to district court to move ahead with the death sentence.
The Carrs were convicted for the December, 2000 murders of Jason Befort, Brad Heyka, Heather Muller and Aaron Sander, who were robbed and assaulted at an east Wichita home. A fifth victim, identified as Holly G., survived and ran for help after the five were taken to a northeast Wichita soccer field and shot. The Carrs were also convicted in the shooting death of 55-year-old Ann Walenta during a robbery attempt a few days later.
Reginald Carr was 22 and Jonathan Carr was 20 at the time of the murders.
Kansas Attorney General Derek Schmidt issued a statement after the court issued its ruling:
“The legal path to this day has been long and winding for the victims and their families, for the Wichita and Sedgwick County community, and for all of Kansas, but today’s decisions by the Kansas Supreme Court are welcome confirmations that although the wheels of justice may turn slowly they do ultimately propel us all forward. Absent a successful request by the defendants for the U.S. Supreme Court to again review the case, which seems unlikely at this stage, today’s decisions will conclude the direct appeals in this case with the result that both defendants stand convicted of capital murder and sentenced to death as Sedgwick County juries determined to be appropriate so many years ago.
“This does not mean the litigation in these cases is concluded because the defendants now have the opportunity, under both state and federal law, to seek further judicial review of their cases. But completing these direct appeals is an important milestone in the path toward justice for the horrific crimes these defendants committed and the innocent lives they took.”
The Kansas Supreme Court had earlier reversed the death sentences but Schmidt and Sedgwick County District Attorney Marc Bennett filed an appeal in 2014, and the U.S. Supreme Court reversed the state supreme court decision.
