A Riley County jury on Wednesday found Richard Goens guilty of all six counts against him, including first-degree murder, in the 2019 shooting death of Tanner Zamecnik.
Goens, 31, was charged with first-degree murder, attempted aggravated robbery, aggravated battery, aggravated assault, criminal discharge of a firearm, and distribution/possession with intent to distribute. He shot and killed Zamecnik, 24, during an attempted robbery under the guise of a marijuana sale on Nov. 1, 2019, in Manhattan.
Three others — Shamar Sutton and brothers Dyland and Jaylon Hitsman — are also charged in the incident. The Hitsmans pleaded guilty to second-degree murder and other charges. Sutton faces charges including first-degree murder.
In closing arguments Wednesday, deputy county attorney Trinity Muth talked about how two witnesses — Courtney Yowell, Zamecnik’s on-and-off girlfriend; and Jaylon Hitsman — corroborated each other’s stories during interviews with police on the night of the incident. Muth said the drug deal was a planned robbery and that Goens’ story had changed during his interviews with the police.
Muth said Goens kept bringing up robbery when police had not asked about a robbery.
In his closing statements, defense attorney Nick Heiman said it wasn’t a case of murder, it was a case of a drug deal/transaction that ended poorly. Heiman said there was never a plan to rob Zamecnik, and Goens wanted to establish a business relationship with Zamecnik for selling marijuana.
Heiman said Goens never pointed the gun at anyone and said Goens often carried his weapon with him. He said the gun went off when Goens was thrown from the car as Zamecnik drove off.
“He testified that the gun went off,” Heiman said. “The state has to prove it had to be done recklessly.”
Heiman asked, if Sutton and the Hitsman brothers were just acquaintances, why would they go along with a robbery?
Heiman asked the jury to find Goens not guilty of all charges except distribution/possession with intent to distribute.
Goens’ sentencing is set for 3 p.m. March 3.
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January 13, 2022 at 06:00AM
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Jury finds Richard Goens guilty of first-degree murder, 5 other charges - Manhattan Mercury
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