Teens charged in Olathe killing allegedly planned to rob victim during marijuana deal
The six teens charged with first-degree felony murder in the killing of Marco Cardino of Smithville allegedly planned to rob him during a marijuana deal at an Olathe park, prosecutors allege in court documents.
The allegations came to light in a response by prosecutors to one of the 14-year-old defendants who requested a rehearing to contest the probable cause determination based on the affidavit filed in her case.
Thomas Bath Jr., the attorney for the defendant, argued that the court was presented with a “’rushed’ effort to piece together an affidavit” that contained inaccurate information and failed to provide appropriate context.
He also argued that there is no support in the affidavit for the theory that his client aided and abetted the other teens with the specific intent to commit aggravated robbery as required under a May 20th ruling by the Kansas Supreme Court.
The six defendants, who are not being identified because they are minors, have been charged with first-degree murder in the killing of Cardino, who was found fatally shot in his car near Black Bob Park on May 14.
Five of the defendants have pleaded not guilty. The sixth defendant is scheduled to appear in court on Wednesday.
Four of the defendants are 14 years old and the Johnson County prosecutor is seeking to charge them as adults. The two other defendants are 13 years old and will not be tried as adults.
The Star had requested copies of the probable cause affidavits, which describe the basis of the charges. A Johnson County judge last week ordered affidavits to be sealed and not released.
Prosecutors’ response to the request by Bath’s client for a rehearing on the probable cause determination shed new light on what led to the killing the killing.
Investigation points to drug robbery
According to court documents, the defendant came up during the initial investigation as possibly being connected to the shooting. She and her father met with detectives where she allegedly gave a voluntary interview.
The girl, along with one of the 13-year-olds, snuck out of her house and were picked up by one of the 14-year-old boys. They drove around for a while and eventually went to a home where they met up with three other boys. There allegedly was marijuana and alcohol present.
Some of the teens decided they wanted more marijuana and started talking about where they could buy some. The defendant allegedly knew Cardino through a school friend and that she had allegedly purchased vapes and alcohol from him, according to court documents.
One of the 13-year-olds used the defendant’s phone to message Cardino and allegedly arranged the purchase of marijuana via Snapchat, according to court documents. Black Bob Park was selected as the location for the deal and the teens went to the park in two vehicles.
While at the park, Bath’s client and the 13-year-old girl waited in the car with instructions to honk the horn when Cardino was five minutes away, according to court documents. The boys got out to do the drug deal.
The shooting
The defendant told investigators that while they were at the park, the 13-year-old told her that there was a firearm present. While in the car, the defendant heard several gunshots and then saw the boys come back to the vehicles. She allegedly told detectives that she believed it was the boys’ plan the entire time to steal the marijuana, according to court documents.
After the shooting, they returned to the home of one of the teen’s sister, where the defendant stayed for about an hour before going home. She told detectives that the boys threatened her not to say anything.
Prosecutors allege that two of the other teens also provide statements to police that had a general similar account of what had occurred. The teens told investigators that one of the boys had a firearm out at the house prior to the shooting.
One of the teens allegedly added while at the house the boy with the gun spoke about robbing Cardino of the marijuana and that all six of them allegedly were aware of that information.
Prosecutors argue the defendant’s statement, as well as other evidence recovered during the investigation, supports probable cause to believe that she allegedly committed the crime of felony murder, according to court documents.
Prosecutors argue that the statements from the two other teens “clearly establish a marijuana exchange, and a planned robbery” that his client had knowledge of and participated in.
All four of the 14-year-olds are charged under Kansas’ felony murder law statute, which allows for murder charges against a person who committed a felony that led to the killing of a person. Aggravated robbery is listed as the felony that contributed to the murder charge for all four of them.
For two of the defendants, criminal discharge of a firearm also is listed while distribution of a controlled substance is listed for one defendant.
This story was originally published June 14, 2022 at 12:52 PM.
