HUTCHINSON, Kan. — After granting a state’s motion in the case against a 16 year old charged with two counts of first-degree murder and aggravated arson, Judge Trish Rose stayed that order Monday morning.
Samuel Vonachen is accused of setting fire to his family’s home, which killed his mother and sister. He was 14 at the time and the state has charged him as an adult for those crimes.
The court was informed Monday that the defense filed a writ of mandamus with the Kansas Court of Appeals to try to get them to overrule the judge’s order.
The issue is over her granting the state’s request for handing over writings or a journal and other items that the defendant has been working on or writing since his arrest. Those items were sent to the doctors doing a mental evaluation to see if the defendant can use mental disease or defect at trial. Judge Rose had told the defense to provide the items to her first and then she would rule whether they can be released to the doctors. She apparently decided they could, but has now stayed that order.
That means the case will be on hold until the Kansas Court of Appeals rules on the defense filing.
The case centers on Vonachen allegedly spreading gas through the downstairs of his family’s home, then setting it on fire. This occurred back on Sept. 26, 2013.