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Jury: Hutch teen ‘guilty’ of setting fire that killed his mother and sister (audio)

Public defender John Henderson, left, touches the shoulder of Sam Vonachen after jurors left to decide the verdict in Vonachen's trial Wednesday morning, August 31, 2016, in the Reno County courthouse.

Public defender John Henderson touches the shoulder of Sam Vonachen after jurors left to decide the verdict in Vonachen’s trial Wednesday. (pool photo from Hutch News)

HUTCHINSON, Kan. — Just after 2 p.m. on Wednesday, the jury in the trial for a Kansas teen accused of the murder of his mother and sister found Samuel Vonachen guilty on all counts, including two counts of first-degree murder, attempted murder and aggravated arson.

The state again argued that this was a premeditated act with the defendant waiting for his parents and sister to go to bed back on Sept. 26, 2013. He then went to the garage and grabbed a gas can and poured gas in a “U” shape around the stairs twice and set it on fire. Senior Assistant District Attorney Steve Maxwell told the media after the verdict that he was happy for the two victims that justice was served.

Although, there were actually four counts of murder charged, two were alternate counts for felony murder. He says at sentencing those two will go away and the teen will be sentenced for the 1st degree murder counts and they’ll request two consecutive life sentences, but he also noted that it will be up to Judge Trish Rose as to what the sentence will be which will be on Sept. 30, at 3 p.m. Because there will be a lot of motions prior to sentencing, she made it a special setting.

During his closing, Maxwell told the jury about the alternate theory of murder where he should be convicted because of acting in the commission of committing another dangerous felony, that being the aggravated arson. But, the state believed it was premeditated because of him taking the time to bring personal belongings out before setting the fire, most notably, his base guitar and a blanket.

Maxwell also noted that he was seen on video at the Kwik Shop at 17th & Plum with his guitar with him. He later hid the guitar and was found walking on Main Street, heading back to his burning home. Maxwell also reminded the jury that he admitted he set the fire because he wanted people to die, saying people are awful. Maxwell says he proudly confessed, saying he burned the house. He told the jury that he had more concern for his cat than his mom and sister.

Defense Attorney John Henderson argued throughout the trial that Vonachen suffered mental disease and defect showing the jury a video where he is having a conversation with himself. At one point, he says “stop.” Henderson also noted to the jury that during that time, he talked about his swords, saying “my swords, my swords, I love to play with my swords.” He also commented during that time that his mind works differently than others. The defense attorney also told the jury of the teen asking an officer while in a police vehicle if anyone was hurt in the fire.

Henderson also noted that, if he is found to be guilty because of mental disease or defect, he would be sent to a state mental hospital for treatment and not released on the street. Henderson asked the jury to question what happened between the time he downloaded 574 images on his phone at 11:40 p.m. and 12:19 a.m. the next morning when he called 911 to report the fire.

The defense claims he suffered with disassociation disorder at the time the fire was set. But, the Jury didn’t buy those arguments, in fact two jurors told Maxwell that they believed the evidence was overwhelming.

Senior Assistant District Attorney Steve Maxwell talked to the media following the verdict. Here is the audio of that news conference.

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