Kan. High Court to hear death row appeal in Wichita massacre

WICHITA, KS – The Kansas Supreme Court has scheduled oral arguments for the cases of Reginald and Jonathan Carr for Wednesday, January 28.

Below is a summary provided by the district attorney's office on the current status of these appeals, and a summary of what has happened in the cases so far.

1. December 7 to 14, 2000, the crimes for which both men were subsequently convicted occurred.

Prosecutors said the brothers broke into a Wichita home in December 2000 and forced the three men and two women there to have sex with one another and later to withdraw money from ATMs.

According to authorities, the women were raped repeatedly before all five were taken to a soccer field and shot. Four victims died: Aaron Sander, 29; Brad Heyka, 27; Jason Befort, 26; and Heather Muller, 25. One of the women survived to testify against the Carr brothers. Other crimes over six days left a fifth person dead.

1. On November 14, 2002, the Defendants were convicted at the conclusion of a jury trial of multiple counts including Capital Murder.  The jury recommended a death sentence for each man.   

1. On November 15, 2002, the court proceeded to sentencing and imposed a death sentence for each man.

1. On July 15, 2014, the convictions were “affirmed in part, reversed in part, and the sentence of death vacated and case remanded.” (The Kansas Supreme Court set aside the death sentences). State v. R. Carr, 300 Kan. 1, 331 P.3d 554 (2014); and State v. J. Carr, 300 Kan. 340, 329 P.3d 1195 (2014). 

1. On January 20, 2016, the Supreme Court of the United States “reversed the Kansas Supreme Court and remanded for further proceedings.”  (The US Supreme Court re-instated the death sentences.)  Kansas v. R. Carr, 577 U.S. 108, 136 S. Ct. 633, 193 L.Ed.2d 535 (2016); and Kansas v. J. Carr, 577 U.S. 108, 136 S. Ct. 633, 193 L. Ed. 2d 535 (2016).
2. On January 21, 2022, on consideration of the remand and appeal it was ordered and adjudged by the Kansas Supreme Court that the Death Sentences for both men were affirmed.  (The Kansas Supreme Court followed the directive of the US Supreme Court.)  State v. R. Carr, 314 Kan. 615, 628-629, 502 P.3d 546 (2022); and State v. J. Carr, 314 Kan. 744 (2022).

1. On January 9, 2023, it was ordered and adjudged by the Supreme Court of the United States that the petition for writ of certiorari be denied. (The United States Supreme Court refused to consider the defendant’s appeal).   R. Carr v. Kansas, 143 S.Ct. 581, 214 L.Ed.2d 344 (2023); and J. Carr v. Kansas, 143 S.Ct. 584, 214 L.Ed.2d 345 (2023). 

1. On February 7, 2023, the District Court of Sedgwick County was commanded by the Kansas Supreme Court to “cause execution to be had of the judgement of the Supreme Court, according to law.”  (The Kansas Supreme Court sent the matter back to the Sedgwick County District Court by way of what is called a mandate.  That begins the next stage of proceedings in Kansas, commonly referred to as the “1507 hearing”)

1. The defendants each filed a Motion for a Sentencing Hearing, arguing that the death sentences as announced by the original trial judge were improper.   

1.  On April 24, 2024, Judge Goering denied the defendants’ motions for new sentencing hearings.   

The defendants each appealed Judge Goering’s denial that was issued in April of 2024.  The arguments on those appeals scheduled for next week are to resolve those appeals.  The defendants’ arguments are (summarized) that they should be granted new sentencing hearings at which point the question of the death penalty would have to be re-litigated.  The State’s argument (summarized) is that the question has been resolved, and no new sentencing should be granted.

When any capital murder or other “off-grid” case is appealed in Kansas, the appellate proceedings are as follows:

1. The direct appeal to the Kansas Supreme Court – to address any alleged trial error.

1. These decisions can then be appealed to the 10th Circuit or United States Supreme Court.

Then when the direct appeals are exhausted,

1.  The “collateral” attack – typically ineffective assistance of counsel claims, filed under K.S.A. 60-1507 are heard by the district court.

1. These decisions can then be appealed to the Kansas appellate courts.
2. In turn, the decisions of the Kansas appellate courts regarding the 1507 proceedings can be appealed to the 10th Circuit or US Supreme Court.

Then when the collateral attacks are exhausted,

1. Habeus Corpus – again, appealed to the appellate courts at both the state and federal level.