Gonzalez-Rook, Bartley not guilty of murder, guilty of theft
Jurors on Thursday first acquitted Logan Lee Able Bartley, then Vincent Dean Gonzalez-Rook of felony first degree murder in the shooting death of 31-year-old Jesse Lee McFall in a west Topeka hotel in 2018.
Bartley and Gonzalez-Rook were acquitted of murder and a charge of conspiracy to commit aggravated robbery. Jurors did convict Bartley and Gonzalez-Rook of felony theft of $1,640 from McFall. During the trial, Gonzalez-Rook told jurors he acted on impulse when he scooped up McFall's wallet from the hotel floor after McFall was shot.
The two defendants also had been charged with aggravated robbery, but jurors were told they could consider convicting them of the less serious charge of felony theft.
Some survivors and supporters of McFall began weeping as the verdicts were being read for Bartley. They filed out of the courtroom before the hearing was completed.
The sentence for felony theft ranges from presumptive probation to 15 to 17 months in prison, depending on the defendant's criminal history.
The date to sentence Gonzalez-Rook and Bartley was to be scheduled during a hearing later Thursday in the courtroom of Shawnee County District Court Judge Nancy Parrish. Parrish handled the trial.
Jurors deliberated more than five hours on Wednesday and Thursday before signalling they had reached their verdicts.
Defense attorneys KiAnn Caprice, who represented Bartley, and James Spies, who represented Gonzalez-Rook, had urged jurors during closing arguments on Wednesday to convict their clients of felony theft but not the murder and conspiracy charges.
"I think justice was served," Caprice said of the verdicts.
"They convicted (Gonzalez-Rook) of the crime he committed," Spies said.
On Wednesday during closing arguments, defense attorneys had urged jurors to convict the defendants of stealing $1,640 from McFall but not of murdering McFall nor conspiring to rob him.
Defense attorneys argued that Bartley fatally shot McFall, who was about to stab Gonzalez-Rook with a lock-blade knife, and that Bartley acted in self defense of himself or Gonzalez-Rook.
McFall was shot in the Best Western hotel, 700 S.W. Fairlawn, just before midnight on Jan. 11, 2018.
District Attorney Mike Kagay said "his heart goes out to the victim's family. It's a very difficulyt time for them to go through this process.
"We believed the evidence was there for (jurors) to convict," and the defense introduced the self-defense claim, Kagay said.
Kagay thanked jurors for their service.
Madilyn Rook, Gonzalez-Rook's mother, had expected that her son would receive sentences tallying about 50 years if he had been convicted of murder, aggravated robbery and conspiracy to commit aggravated robbery.
"I'm grateful that the truth was able to come out," she said shortly after the verdicts were announced. "We just wanted the truth to come out throughout the whole thing.
"I'm very grateful for the defense team," Rook said of Caprice and Spies. "They were a power house team."
Rook also expressed sorrow to the McFall family for their loss.
Zachary Gonzalez-Rook, 19-year-old brother of Vincent Gonzalez-Rook, and Destany Herrick, fiancee of Vincent Gonzalez-Rook, also heard the verdicts on Thursday.
Bartley and Gonzalez-Rook testified during their trial, and their testimony dove-tailed with each other.
Prosecutors had contended Gonzalez-Rook and Bartley went to the hotel to rob McFall because they knew he had money.
The two men were acquitted of murder following a nine-day trial, including one day when the trial was shut down because a juror was sick with the flu. During the trial, at least five people, including the court reporter, judge's administrative assistant, a defense attorney, and a prosecutor, became ill with the flu.
The two defendants had driven to the hotel after Bartley said he received word from McFall that he would buy a .40-caliber semiautomatic pistol from Bartley for $100.
Bartley, who was carrying a .38-caliber revolver "for my own protection," and Gonzalez-Rook went to the hotel, where McFall's girlfriend opened the hotel door.
When Bartley and Gonzalez-Rook entered, McFall stepped from behind the door and had a knife in his hand, Bartley said.
Bartley said he sat on the couch, and McFall forced Gonzalez-Rook backward until he fell backward over the arm of the couch.
McFall was atop Gonzalez-Rook, who had the semiautomatic under his shirt.
In graphic language, Bartley twice told McFall to get off Gonzalez-Rook, McFall raised a lock-blade knife to stab Gonzalez-Rook, who told Bartley to shoot McFall.
"I fired twice," striking McFall, Bartley said.
During closing arguments, KiAnn Caprice, Bartley's defense attorney, said her client had the legal right to shoot McFall rather than let McFall stab Gonzalez-Rook.
"Every person has the right to defend their life, every person has the right to defend the life of another," Caprice said.
