Story Created:
Sep 5, 2006 at 8:38 PM CDT
Story Updated:
Sep 5, 2006 at 8:38 PM CDT
WICHITA, Kansas -- While he didn’t pull the trigger, a Kansas man is still on trial for killing a local sheriff. Closing arguments are set for Tuesday.
The case surrounds the murder of Greenwood County Sheriff Matt Samuels. Only one man -- Scott Cheever -- is accused of firing the fatal shot but he is not the only one on trial for murder.
Matt Denney, 23, is in court facing felony murder charges. Prosecutors allege Denney was the lookout man for a drug house in Hilltop so when Scott Cheever allegedly murdered Sheriff Matt Samuels, prosecutors contend Denney, too, was responsible.
"You might say, in the instance of felony murder, that’s one of the few instances where a kind of guilt by association culpability prevails," said Dan Monnat, a Wichita defense attorney not associated with the case.
But Denney claims he never intended to be a lookout, saying he only went for a ride with Cheever to get drugs not knowing he would end up at a drug house "fearing for his life" when Cheever pulled out two guns.
Still, defense attorneys have an uphill battle. The law in Kansas contends that Samuels was killed "in the commission of, attempt to commit, or flight from an inherently dangerous felony" -- in this case, the manufacture of meth.
So by law, if Denney is found to have sufficient involvement that day in the making of meth, the murder of Sheriff Samuels could still be on his hands.
"Felony murder is a hard charge to defend against because you don’t have to really prove the personal responsibility of the accused. You just have to prove the accused participated in the commission of a felony, and a killing occurred," said Monnat.
A change of venue has the trial in Butler County. Closing arguments will begin there Tuesday at 9 a.m.