New motions filed in the capital murder case against Adam Joseph Longoria change one of the charges from criminal sodomy to indecent liberties with a child. The motions also describe how Longoria, suspected of killing 14-year-old Alicia Debolt last August, previously made undercover drug buys for the Great Bend Police Department.
The capital murder charge against Longoria, 36, was originally based on a claim of premeditated murder done in commission of or subsequent to the crime of criminal sodomy, which he was also charged with. In motions filed last week in Barton County District Court by acting Deputy Kansas Attorney General Victor J. Braden, the amended charges allege Longoria attempted to forcibly rape the teenage girl before murdering her, on or about Aug. 21, 2010.
Debolt was about to start her freshman year at Great Bend High School, but was last seen alive as she was getting into a dark sport utility vehicle and leaving her home. Her charred body was later found near the Venture Corporation asphalt plant near Dundee; autopsy photos presented at Longoria’s preliminary hearing showed her ankles were bound with duct tape and that there was duct tape on her face.
The state alleges Longoria placed duct tape on Debolt’s ankle and face, "but failed to complete commission of the crime of rape, and (her) killing was done in the commission of or subsequent to such attempted rape."
Longoria is also charged with stealing a Ford Explorer from Venture Corp., his former employer, on Aug. 27, 2010.
The state filed several other motions last week, as prosecution and defense attorneys prepare for the next court appearance. A hearing is set for 9 a.m. July 21 before District Judge Hannelore Kitts, who will rule on pending motions. All motions filed in the case that are open records may be viewed on the Internet at http://www.kscourts.org/State-v-longoria/default.asp.
Among the latest filings are the state’s requests for the admission of certain evidence. The prosecution wants to show a photo of the victim while she was still living, even though defense attorneys have asked for such photos to be blocked because they might prejudice the jury.
The state claims showing one photo of DeBolt is necessary so that witnesses can identify the victim as someone seen with Longoria on July 17, 2010, during a birthday party at his residence for Longoria’s live-in girlfriend, Eva Brown. Witnesses will also need the photo to identify DeBolt as the person seen getting into Brown’s dark sport utility vehicle on Aug. 21, 2010.
Other motions by the state ask that the judge not quash evidence because of any minor technicalities. The prosecution outlines some of the interviews conducted with Longoria, before and after his arrest, and asserts that statements were voluntary and his constitutional rights were protected. The state’s position is that Longoria, who has previous criminal convictions, was aware of the system and his rights, even in interviews where he was not given a Miranda warning.
"The defendant was very familiar with the local law enforcement. On Aug. 17, 2010, the defendant met with Detective Terry Millard and signed an agreement to be a confidential informant for the Great Bend Police Department. He made a controlled buy of marijuana that afternoon and another that evening. The next evening he made an additional controlled buy. On Aug. 19, 2010, the defendant met with KBI Special Agent in Charge Kelly Ralston and (KBI Senior Special Agent Robert) Conde and signed an agreement to be a confidential informant for the KBI."
In another interview, according to motions filed by the state, Longoria made repeated statements such as "that’s all I’m gonna say to you right now until I get a hold of my attorney," but he continued to talk.
