from Matt Unruh at greatbendpost.com

GREAT BEND – After testimony was heard Thursday in the Adam Longoria Preliminary Hearing, Judge Hannalore Kitts says that the state had met its burden and decided the case against Longoria should proceed to trial. Charges against him include capital murder, criminal sodomy, aggravated criminal sodomy and attempted rape.

But, the Attorney General’s Office announced that they are waiving their intent to pursue the death penalty in the case. Which means, the state will still seek a life sentence.

This decision came after the second day of the hearing for the man accused of killing 14-year-old Alicia DeBolt.

Judge Kitts Thursday morning heard closing arguments from both the prosecution and the defense before reaching a decision on whether to bind Longoria for trial on the alleged charges.

Kevin O’Connor is with the Kansas Attorney General’s Office brought up the fact that Longoria showed that he was sexually interested in DeBolt by comments he made at a party on July 17th, 2010, and suggestive texts that he sent DeBolt before her death. He argued that criminal sodomy did occur after evidence was found in the black Ford Escape that belongs to Eva Brown, Longoria’s ex-girlfriend. He reminded Judge Kitts about the two stains found on the floor mat of the drivers side of the vehicle that tested positive for seminal fluid and contained a mixture of two or more persons DNA including Longoria and DeBolt’s.

The Defense argued that if there was oral sex in the case, it hasn’t been proven whether it was forced. They also argued just because someone makes sexually suggestive comments through text messages to a girl and then picks them up five weeks later doesn’t mean they attempted rape.