Teen pleads no contest in double murder case

Under a plea agreement Wednesday, Sam Holton could spend about 13 years in prison for the murders of two people.

Holton, 18, pleaded no contest to second-degree murder and robbery in the deaths of Jessie Foust and Adrian Jackson on Thanksgiving last year.

Sal Intagliata, Holton's attorney, and prosecutor Marc Bennett agreed to a reduced charge after a judge ruled last week that most of the evidence against Holton was inadmissible at trial.

Holton was originally charged with first-degree murder. But Sedgwick County District Judge David Kaufman ruled Dec. 1 that Wichita police entered Holton's house in Mulvane without permission or a search warrant.

Because of that violation, Bennett would not have been able to use evidence seized inside the house — including property belonging to Jackson — or Holton's confession after his arrest.

Kaufman will sentence Holton on Jan. 14.

Although the judge does not have to follow the plea agreement, it calls for 155 months on all counts.

Holton's plea does not admit guilt. But it results in a conviction the same as a guilty plea.

As basis for the plea, Bennett said Holton shot both Foust and Jackson at their home near Central and Hillside in Wichita. Holton said at his preliminary hearing that he had previously met Jackson at a party and had dropped by to "hang out."

Foust, a Wichita State University student, died of a single gunshot wound. Jackson, an up-and-coming hip-hop music artist, was shot several times.

Bennett said Holton then took jewelry and other items from the house.

Jackson, 26, and Foust, 25, were found dead by a family member on Thanksgiving 2009. Their children, ages 4 and 1, were unharmed and had apparently been left overnight with their parents' bodies.

Joshua Duque, 16, is also charged with first-degree felony murder and robbery as an accomplice. Duque has been ordered to stand trial as an adult. That trial is scheduled for Jan. 10.

This story was originally published December 9, 2010 at 12:00 AM.