Boy, 15, is 3rd arrest in couple's killings

A-15-year-old arrested in the killing of a Wichita couple was in their house when another person opened fire, his mother said.

The woman gave her account to The Eagle on Wednesday afternoon, a few hours after police announced that they had arrested a third person — a 15-year-old Wichitan — in the shooting deaths of Pharon Adrian Jackson, 26, and Jessie Foust, 25. Jackson's sister found their bodies on Thanksgiving afternoon after they didn't show up for a family dinner. Two small boys in the North Chautauqua home were uninjured.

The woman says her 15-year-old son told her after his arrest that he was in the couple's home when they were killed.

The woman said that based on what her son told her he "was just there when this whole thing happened. He was just going there because he wanted to get some pot, and then it all blew up."

She said he relayed his account to her when she visited him Wednesday while he was being held in a juvenile detention facility.

According to her son, she said, "They were there to buy a substantial amount of drugs."

A detective also told her that the suspects were at the home to get drugs, she said.

Her son told her the shooting occurred this way: An argument broke out, shots were fired, the woman screamed, and more shots were fired.

"He said to me that Sam did it. He said that Sam shot them both. He didn't mention anything about where Trevor was or what Trevor was doing. He just said that Sam shot them in front of him."

Earlier Wednesday, police Lt. Todd Ojile said that the 15-year-old who was arrested is an acquaintance of Samuel Holton. Holton, 18, of Mulvane, and Trevor Cox, 17, of Wichita, have been charged with murder and robbery in the couple's deaths.

Holton's public defender, Christine Jones, said of the mother's account of what her son told her: "At this point in time, we're not going to respond to hearsay allegations out of court."

The mother of the 15-year-old said he is a student at Haysville Alternative High School, which Holton also was attending when he was arrested a couple days after the killings.

Police didn't release the name of the 15-year-old they arrested. He has not been charged with a crime.

The woman who said she is his mother asked that their names not be used because he is a juvenile. The Eagle generally does not name suspects until after they have been charged.

Later Wednesday, police presented their case against the 15-year-old to prosecutors, who will decide if charges will be filed against him. The 15-year-old is expected to face a detention hearing today in juvenile court.

The woman sought to defend her son. "He was just there ... an innocent bystander," she said.

"He didn't anticipate any of this happening. He was just at the wrong place at the wrong time with these people."

She added, "It wasn't something he thought was going to happen."

On Thanksgiving afternoon, Jackson's sister found the couple's two young sons wandering around the house in pajamas, after the parents' bodies had been lying inside for hours.

Jackson was a rap musician. Foust was about to graduate from Wichita State University and planned to be a social worker. They were raising Jackson's 4-year-old son and their 18-month-old son.

The woman said, "I feel so bad for the families" of the victims.

Of the two surviving children, she said, "Those poor children won't have their parents anymore."

She said her son "mentioned something to me. He saved the kids. He said that he had saved two lives." She said he did not elaborate.

She said she asked him: "Why did you even go?"

"He just said he wanted some weed," she said. She said he had been in trouble before over drugs.

"He's not an angel," she said. "If he's with the right people, he does know right from wrong. He has a good heart."

She described him as a follower.

"I just pray that he is not charged as an adult, because he is young and dumb," she said.

The woman said that police took a hat from her son's room.

Before the 15-year-old's arrest, police have said that some items were taken from the couple's home and that some items were recovered.

During a briefing for reporters earlier Wednesday, Ojile said police took a 15-year-old into custody Tuesday afternoon and arrested him late Tuesday night after questioning.

A Crime Stoppers tip led investigators to the latest arrest, Ojile said.

"We're still looking into all possibilities, but we believe we have the three" suspects involved in the crimes, Ojile said.

"We knew there were other people that knew about this case, and we kept trying to track them down."

Also Wednesday, Cox, the 17-year-old defendant, made a brief appearance in juvenile court.

Afterward, Cox's defense attorney, Lee McMaster, said his client is innocent.

McMaster also said that the probable-cause affidavit in the case "is more a work of fiction than of fact."

A probable-cause affidavit is a sworn statement by a law enforcement official that is the basis for an arrest warrant. Under Kansas law, the affidavits are closed to the public.

Asked for comment on McMaster's criticism, district attorney's spokeswoman Georgia Cole said, "Any response that we will have will be in the form of evidence presented in court."

Cox faces a Jan. 28 hearing on a motion to try him as an adult.

After Wednesday's court appearance, Cox's grandmother hugged and kissed him as he stood in shackles before being led away.

This story was originally published December 10, 2009 at 12:00 AM.