Jury Convicts Mission, Kansas Man of Involuntary Manslaughter

             Douglas County District Attorney Charles Branson announced today Mission, Kansas resident Justin P. Gonzalez, 23, was convicted by a jury of involuntary manslaughter at the re-trial of the 2012 case involving the death of Mr. Nicholas Sardina.  The first trial, which was held in December of 2013, concluded with a hung jury.  District Attorney Branson said, “This was a difficult and tragic case.  One family has to deal with the loss of a loved one and Mr. Gonzalez will have to live with the fact he took a life.”  “No matter the outcome of the second trial,” he went on to state, “we felt the community should decide this case.”

            Investigation into the case began on February 25, 2012 when officers with the Lawrence Police Department were dispatched to the 1500 block of Tennessee Street regarding an unconscious, non-breathing twenty-seven year old male.  The victim was transported to Lawrence Memorial Hospital where he was pronounced dead.  Officers learned through their investigation of the events that the victim and Mr. Gonzalez were involved in an altercation at a residence in the 300 block of 14^th Street earlier that day.  A group of young men began a fight in the residence and Mr. Gonzalez smashed a beer bottle over the back of the victim’s head.

            At yesterday’s closings, the defense attorney defended her client striking the victim over the head by claiming the action was “inconsequential” and that he used just enough force stop the fight. 

            The re-trial began Wednesday, May 28 and the case was presented throughout the next week.  Closing arguments were delivered late yesterday morning into the early afternoon when the case went to the jury at approximately 1:00 p.m.  The jury deliberated the remainder of the day and returned today at 9:00 a.m.  They reached a verdict today at approximately 1:15 p.m. 

            Depending on his prior criminal history, Mr. Gonzalez’s faces 31 to 136 months in the custody of the Kansas Department of Corrections.  The crime falls in a ‘border box’ sentencing range for those with no or little prior criminal history and the Court can sentence the defendant to probation.  None of this will be finalized until sentencing occurs.  Sentencing will be scheduled at a hearing to be held on Tuesday, June 17 at 10:30 a.m.

            The Honorable Peggy C. Kittel presided over the case.  It was investigated by the Lawrence Police Department and it was prosecuted by Senior Assistant District Attorneys Eve Kemple and Jim McCabria.

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