HUTCHINSON, Kan. — The state failed in its effort to get the 17 year old convicted of two counts of murder, attempted murder and aggravated arson to be moved to the county jail from juvenile detention.

Judge Trish Rose ruled that she believes there hasn’t been a problem with Samuel Vonachen being housed in Reno County Youth Services and also noted that, once he’s sentenced, he would be housed in a juvenile facility until he turns 18. He would then be sent to an adult facility.

Judge Rose also ordered an additional mental evaluation as part of the pre-sentence investigation, which could take up to 120 days to complete. There is no indication that he would be sent right away, so it may be some time before the actual sentence in the case is handed down.

District Attorney Keith Schroeder argued against the new evaluation noting that the jury didn’t buy the fact that he suffers from any mental disease or defect. He also noted that the director of Reno County Youth Services, Bill Hermes, no longer wants the teen in that facility and that he should be moved to the Reno County Correctional Facility. Schroeder believes him to be a danger to the others being housed in youth services, calling him a sociopath.

Reno County Counselor Joe O’Sullivan also noted that Hermes doesn’t want him in the facility and told the judge that Sheriff Randy Henderson has no responsibility for the teen while in the youth services facility.

The defense, as you would expect, agreed with the judge’s rulings. Attorney John Henderson noted that Reno County Youth Services, also known as Bob Johnson’s, was built for juvenile offenders to keep them separate from adult offenders. He also noted Vonachen has been a model inmate since his arrest and housing in that facility. Schroeder fired back that isn’t necessarily the case, but admits they didn’t dispute the defense claim at trial. Plus, Schroeder says, he was convicted as an adult.

After hearing all the arguments from the three attorneys, Rose stood by her ruling she announced at the beginning of the hearing. Therefore, the sentencing is on hold.

The jury last Wednesday convicted the teen on the murder counts and the killings of his mother and sister who died after he set fire to the family home on Sept. 26, 2013. His father was able to escape.

When the sentencing is rescheduled, we’ll let you know and of course be there to cover it.