Suspect in Fairmount Park attack charged with attempted capital murder, rape, arson

Prosecutors on Friday charged a man arrested in the sexual assault and burning of a woman in Fairmount Park with attempted capital murder, rape and two counts of arson.

Cornell A. McNeal appeared subdued as he listened to Sedgwick County District Court Judge Joe Kisner read from a criminal charging document outlining the counts during his first appearance in court Friday afternoon. Dressed in orange jail garb, McNeal crossed his arms and did not make eye contact with the judge as he stood at a podium set up in the Sedgwick County Jail, where he has been in custody since his arrest Wednesday night.

McNeal spoke only briefly to the judge via video link broadcast over a television screen into the courtroom.

“Are you Cornell McNeal?” Kisner asked.

“Yes, I am,” was the reply.

Later, after advising McNeal of the counts, Kisner asked: “Do you understand what they’ve charged you with?”

“Yes,” McNeal said, “I do.”

Kisner set McNeal’s bond at $250,000. The 26-year-old is due back in court for a preliminary hearing Dec. 4. The hearing, at which a judge will hear testimony and determine on what charges the defendant will be tried, will likely be postponed.

McNeal is accused of raping, beating and setting on fire a 36-year-old woman who was walking in Fairmount Park, south of Wichita State University’s main campus, about 11 p.m. Nov. 14. He was booked into jail early Thursday on suspicion of rape and attempted first-degree murder after evidence collected by forensic nurses at Via Christi Hospital St. Francis linked him to the crime, according to police.

As an alternative to attempted capital murder, prosecutors have charged McNeal with one count of attempted first-degree murder. In both counts the criminal complaint accuses McNeal of trying to kill the woman by setting either her or the area “immediately adjacent” to her on fire.

In the arson counts, McNeal is charged with setting fire to Fairmount Park and to a detached garage at 1658 N. Erie in Wichita, both on Nov. 14.

If convicted under the state’s capital law, McNeal would face life in prison with parole eligibility after 25 years, Sedgwick County District Attorney Marc Bennett said in an e-mailed response to questions after Friday’s hearing.

If convicted of attempted first-degree murder McNeal could face as few as 12 1/4 years in prison. The actual sentence imposed would depend on his prior criminal history. He would receive additional prison time if convicted of any of the other three felonies but a judge could order those sentences to be served either consecutively or concurrently, or a combination of both.

Records show McNeal has prior convictions for criminal trespass and disorderly conduct. He also has been the defendant in four protection from abuse or protection from stalking cases since 2007, including one filed earlier this month by a 52-year-old neighbor.

Police on Thursday said the attack appears to be random, and that McNeal and the victim do not know each other. The woman on Friday remained in critical condition at St. Francis. Police have said that in addition to the sexual assault, she suffered lacerations to her head and burns to 55 percent of her body.

After the woman was found in what a witness called a “ring of fire,” authorities blanketed the neighborhood surrounding the park at 1600 N. Gentry, urging residents to disclose any information that might help uncover a suspect. Crime Stoppers also had offered a $2,500 reward in an effort to find the perpetrator. Two local towing companies upped the reward by another $2,500.

McNeal will receive legal counsel from a court-appointed attorney. On a financial affidavit filed Friday with the court, he said he has been unemployed for six years.

Contributing: Stan Finger of The Eagle.

This story was originally published November 21, 2014 at 1:40 PM with the headline "Suspect in Fairmount Park attack charged with attempted capital murder, rape, arson."