FILE PHOTO: Apartments on the campus of Southwestern College, where a man was shot, sit taped off with police tape Dec. 18, 2019. (Staff photos by Brett Coplen)
By SHANE FARLEY
Evidence is sufficient for Duentae Markham to proceed to trial on a charge of first-degree felony murder in the Dec. 2019 shooting, and subsequent death, of 32-year-old Gabriel J. Luna on the campus of Winfield’s Southwestern College.
Cowley County Dist. Court Chief Judge Nick St. Peter made that ruling Tuesday morning following a preliminary hearing in the case.
Arraignment for Markham is set for July 12 via Zoom.
County attorney Larry Schwartz confirmed later in the day that he’d amended the charges to increase the severity to first degree felony murder from a preivously charged second-degree murder count. Markham is also facing a charge for discharging a firearm into an occupied dwelling.
“Sometimes as we learn more information, the charges need to be amended,” Schwartz said by phone.
During testimony Tuesday, others who were with Markham on Dec. 18, 2019, the night of the shooting, testified that a group of five had planned to visit the Southwestern campus in Winfield to confront Luna. The group believed Luna, a student at the college, had raped a female that was close to and considered family by the group, which included Markam.
Markham (Photo courtesy Cowley County Sheriff’s Office)
Luna had not been charged with such a crime.
Others in the group said the plan was to find Luna and beat him up. He was shot around 1 a.m.at his Honors Apartment at Southwestern. A police investigator said a single bullet appeared to travel through the front door and through Luna’s chest.
Members in Markham’s group identified him as the gunman. The 22-year-old suspect was free for months before being charged and then located in San Francisco.
Markham is not accused of premeditated murder but rather committing an inherently dangerous felony – firing into an occupied dwelling – that led to someone’s death.
Luna was injured but conscious when police arrived. He died within a few days of the shooting after being taken to the hospital.
Markham remains free on bond in the case as he awaits trial. Markham has hired Wichita-based Stephen Ariagno, of the Warrior Lawyers, to serve as his defense attorney.
Ariagno questioned why others in the group had not been charged in what was an apparent criminal conspiracy and ask what proof they had that Markham was the gunman.
Four people testified during the preliminary hearing, which was held at the Cowley County Courthouse in Winfield.
