Sam Holton got more prison time than he bargained for Friday afternoon.
Holton, 19, will spend nearly as long in prison as he's already lived in his young life, after a judge declined to follow a plea agreement in a double murder and robbery.
Sedgwick County District Judge David Kaufman sentenced Holton to more than 18 years in prison,
It was 4 1/2 years more than contemplated in a plea bargain. But Kaufman said he was moved by the statements from the parents of Jessie Foust and Adrian Jackson. Foust and Jackson were shot to death on Thanksgiving eve 2009.
When Holton pleaded no contest to two counts of second-degree murder and aggravated robbery last month, prosecutors agreed to a sentence just shy of 13 years.
But judges aren't required to follow plea agreements.
The plea bargain, described by prosecutor Marc Bennett, asked Kaufman to run all three counts concurrently for a total 155 months.
Kaufman, however, handed Holton a sentence of 224 months.
The judge raised the sentence to 165 months on the two murder counts — the maximum sentence allowed by law for Holton, who had no criminal history. Kaufman ordered those to run concurrently.
Kaufman then ordered the 59 months for robbery to be served consecutively.
Holton also will serve three years under the supervision of a parole officer after his release, the judge ordered.
"It's better than 13 years, absolutely," said Graham Foust, Jessie's father.
It had been a frustrating case for the Foust and Jackson families, after Kaufman ruled Wichita police illegally entered Holton's home in Mulvane to arrest him.
As a result, most of the evidence — including Holton's confession — was ruled inadmissible.
Graham Foust dressed for court in the same black suit he wore to his daughter's funeral. He still carried the memorial card from the services in his suit pocket.
During a quavering statement in court, Graham Foust asked for all three sentences to run consecutively.
"Do I forgive you? No," he said. "Do I want the maximum sentence allowed by law? Yes."
"This was a senseless crime, uncalled for and vicious," added Iris Jackson, Adrian's mother.
A family member discovered two children, Jackson's 4-year-old and the couple's year-old baby, alone in the house with the bodies of their parents after they failed to show up for Thanksgiving dinner.
Jackson, 26, was a hip-hop artist who had received national recognition under the name MindRight.
Foust, 25, was studying social work at Wichita State University.
Holton told police he and another teen went the house to "hang out" and ended up shooting the couple to death.
Police then found Holton had jewelry, shoes and other items taken from the house.
Joshua Duque, 16, faces trial next month, charged with two counts of first-degree murder and aggravated robbery.
Kaufman also ordered Holton to pay $5,000 in restitution.
Sal Intagliata, Holton's lawyer, voiced his condolences to both families in court and said his client had taken responsibility for the crimes.
Holton remained silent.
Print edition: 


