Man pleads guilty to manslaughter in fatal shooting over dog

A Wichitan charged with killing a man during a dispute over a pit bull’s ownership pleaded guilty Wednesday to involuntary manslaughter, the Sedgwick County District Attorney’s Office said.

Justin Rourke faces 31 to 136 months in prison on the charge when he is sentenced Oct. 16. Depending on his prior criminal history, he may be eligible for probation, according to Kansas sentencing guidelines.

Rourke, 32, was arrested and charged in 41-year-old Roman Padilla’s shooting after he and others went to a house in the 500 block of South Edwards on June 11 to retrieve a pit bull thought to be stolen.

In the ensuing argument with Padilla, Rourke pulled a gun, police have said. He fired several shots, striking Padilla in the chest and killing a dog that apparently charged.

Padilla, 41, died at a Wichita hospital. Rourke fled from the shooting but turned himself in a short time later.

According to a police affidavit filed in Sedgwick County District Court, Rourke told police he fired in self-defense when Padilla threatened him and another man with a baseball bat.

A witness to the shooting told authorities the pit bull came into Padilla’s possession after it escaped from a woman’s yard and was picked up by a man who gave it to Padilla to settle a debt, the affidavit said.

Rourke was initially charged with second-degree murder in Padilla’s slaying. His guilty plea came on the same day he was scheduled to appear in court for a preliminary hearing, a proceeding where a judge determines whether there is enough evidence to bind a defendant over for trial.

Rourke’s attorney, Mark Schoenhofer, had no comment about the plea, according to a woman who answered the phone Wednesday afternoon at his law office.

This story was originally published August 26, 2015 at 7:07 PM with the headline "Man pleads guilty to manslaughter in fatal shooting over dog."