Judge: No evidence so far tying 19-year-old to double homicide

A judge on Thursday said he doesn’t see sufficient evidence so far that a 19-year-old man arrested in a Wichita double homicide is connected to the killings.

The issue before Judge Gregory Waller at a brief hearing Thursday in Sedgwick County District Court was whether the 19-year-old had violated his probation by being involved in the killings of Godofredo Moreno, 72, and Martha Moreno, 71.

If by Friday afternoon prosecutors don’t provide enough evidence, or probable cause, that the 19-year-old committed a crime, “the law would require that I would have to let the defendant go,” Waller said Thursday evening when contacted by The Eagle.

The judge said he was basing his opinion on a stack of police reports provided to him so far.

Prosecutors have not charged the 19-year-old, identified in a police arrest report as Steven W. Edwards. He has been in jail since late Monday night and is being held on bonds totaling $1.25 million.

Edwards is one of two people being held on suspicion of murder in the case. The other person arrested is a 17-year-old who has not been identified by police. The 17-year-old is expected to face a separate hearing Friday afternoon.

Police arrested both of them Monday afternoon in south Wichita.

The hearing before Waller on Thursday dealt only with whether Edwards had violated his probation.

A warrant filed in court Tuesday accuses Edwards of violating his probation by using a handgun as alleged by Wichita police in the double homicide case. The warrant also accuses him of violating his probation by committing the murders and other related crimes as alleged by police investigating the killings of the Morenos.

At Thursday’s hearing, District Attorney Marc Bennett said he needed more time to provide additional information. Waller granted the request and recessed the hearing until 3 p.m. Friday.

Told of the judge’s comments Thursday night, Bennett said, “Because it’s an ongoing investigation, I’m not going to be able to say anything further.”

Edwards’ defense attorneys, who are with the public defenders office, couldn’t be reached for comment Thursday night.

It was Waller who granted Edwards probation, rather than sending him to prison, for a conviction in a 2013 robbery.

Waller, who is running for re-election, on Thursday night explained his thinking that so far there was no probable cause to think Edwards committed a parole violation.

“I have always said this: We cannot rush to judgment,” Waller said. “Our court system has various checks and balances.”

He added: “It doesn’t matter if I’m up for election or not. I’m going to follow the law.”

The Morenos’ bodies were found Oct. 16 on a bedroom floor of their home in the 600 block of South Ida, just southeast of Kellogg and Washington. Police said they had been shot multiple times and that the motive was robbery.

Although prosecutors have not filed charges against Edwards, he is being held in jail on suspicion of two counts of first-degree intentional murder and one count each of aggravated burglary, aggravated robbery, criminal possession of a firearm, aggravated kidnapping and a probation violation, jail records show.

Edwards has been on probation for a February 2013 robbery of a Pizza Hut delivery worker. A police report compiled the night of the incident said the victim reported “being held at gunpoint.”

In July, Waller sentenced Edwards for the 2013 robbery. After Edwards pleaded guilty to the robbery charge, he was facing a “presumptive prison” sentence of 41 to 47 months, says a document in his court file. Although he received a prison term of 44 months, Waller granted him three years of probation, allowing him to stay in the community under supervision, court documents show. A presumptive prison sentence refers to instances where state law mandates imprisonment unless a judge finds there are exceptions under the law.

In Sedgwick County, it is not uncommon for someone facing a “presumptive prison” sentence to get probation instead, said Mark Masterson, director of the county’s Department of Corrections.

A court document signed by Waller noted Edwards’ age – he was 18 at the time of the robbery – as one of the factors considered in giving him probation.

On Tuesday, Waller said, “I would still stand by the findings made” at the sentencing. The judge also noted that Edwards’ only felony convictions as a juvenile occurred when he was 11.

This story was originally published October 23, 2014 at 4:26 PM with the headline "Judge: No evidence so far tying 19-year-old to double homicide."