Five teenagers charged in Olathe homicide at Black Bob Park plead not guilty
Five of the six teenagers charged with first-degree murder in the May shooting death of an older teenager in Olathe pleaded not guilty Monday in Johnson County juvenile court, according to court documents.
The sixth defendant had a first appearance scheduled for Monday but it was rescheduled for June 15.
The defendants, who are not being identified because they are minors, have been charged with first-degree murder in the killing of Marco Cardino of Smithville. Cardino was found fatally shot in his car near Blackbob Park on May 14. He died at the scene.
Four of the defendents are 14 years old and the Johnson County prosecutor has filed motions to charge them as adults. The other two will not be tried as adults because they are 13 years old.
The circumstances that led to the shooting remain unclear, but aggravated battery and criminal discharge of a firearm as listed as felonies that contributed to the murder charge. All four 14-year-olds are charge under Kansas’ felony murder statute, which allows for murder charges against a person committing a felony that led the killing of a person.
Johnson County District Attorney Steve Howe has said the case was another example of “a purchase of marijuana that went horribly wrong.”
As part of its continuing reporting on the homicide, The Star has requested copies of the probable cause affidavits that describe the basis of the charges. Two of the attorneys in the case have filed motions to prevent the release of the documents.
Lindsey Erickson, an attorney for one of the defendants, argued in a motion filed May 24 that information in the affidavits “is sensitive in nature and release of the information is not in his [the defendant’s] best interest.” She also argued that the teen’s family has gotten threats since the case was filed.
Thomas Bath, an attorney for another one of the 14-year-olds, has asserted that it is unclear whether the Kansas law regarding the release of affidavits applies to juvenile cases, and because Kansas law allows a judge to close hearings for juveniles under the age of 16 it should not be released.
The Star has filed a motion in both cases seeking to respond to the defense attorneys’ objections and asking the court to order the release of the affidavits.
Attorney Bernie Rhodes argued that juveniles age 14 or older are subject to the same disclosure rules as adults. The teenagers’ identification would be limited to initials.
Threats to the family were the result of the teen being charged and “that fact will not go away with the release of the probable cause affidavit,” Rhodes said.
A ruling on The Star’s motions has not been made.
This story was originally published June 6, 2022 at 3:16 PM.
