HUTCHINSON, Kan. – The defense request to move a Hutchinson 16 year old accused of killing his mother and sister back to juvenile detention was denied by Judge Trish Rose.
The defense learned Samuel Vonachen was apparently moved to the new Reno County Correctional Facility last week and immediately filed a motion in the case.
Vonachen is charged with two counts of first-degree murder, attempted first-degree murder and aggravated arson. Authorities allege Vonachen, who was 14 years old at the time, spread gas through the downstairs of his family’s home, then set it on fire. This occurred back on Sept. 26, 2013. His 11-year-old sister and 47-year-old mother died in the fire. His father, however, was able to escape.
Defense Attorney John Henderson Jr. argues that he is not required to be housed at the jail and that the judge has discretion to place him back in juvenile detention. They argue that he is no longer with those his own age and can’t participate in educational programs and activities.
But, Senior Assistant District Attorney Steve Maxwell argued the opposite, saying the defendant is not a child in the eyes of the court, saying he is charged as an adult, will be sentenced as an adult if convicted and is in the custody of the sheriff. He says the court should not be telling the sheriff how to run his business.
Judge Rose agreed that the sheriff should decide where Vonachen should be housed, not her, and denied the defense motion.
She did agree to extend the deadline to file additional motions as requested by the defense and set that deadline for Aug. 28.
Henderson indicated that he will file motions to suppress in the case. A motion already filed will be argued on Aug. 27. That’s the defense’s desire to argue to the jury during the trial that, at the time of the alleged crime, Vonachen suffered a mental disease or defect.
The trial is still scheduled to begin on Sept. 21.