KANSAS CITY, Mo. — New details surrounding the May 14 shooting death of Marco Cardino at Black Bob Park in Olathe have emerged through a court filing.
Some of the attorneys for the six teenagers charged with first-degree murder in connection to Cardino’s death opposed the release of the Olathe Police Department’s probable cause statement, regarding the purported facts uncovered in the investigation.
However, a Request for a Re-Hearing to Contest Probable Cause filed on behalf of a 14-year-old girl who is among those charged in the case offered a glimpse into the circumstances that led to Cardino’s death.
Three 14-year-old boys, a 14-year-old girl and two 13-year-olds have been charged with murder for their role in luring Cardino, a 19-year-old Smithville man, to the park around 4 a.m. before he was shot.
Five of the six teens pleaded not guilty June 6 in Johnson County District Court.
The lawyer for one of the 14-year-old defendants admitted in a court filing that his client’s phone was used to contact “MC,” who is identified earlier in the document only by initials as the person who was killed May 14 at Black Bob Park.
In the re-hearing request, a lawyer for the 14-year-old girl claimed that a friend actually sent the messages, including a photo message of a stack of cash as “proof boys had the money," via Snapchat.
According to the filing, the 14-year-old girl knew two of the boys arrested in connection to the shooting may try to steal the marijuana, but she denied knowing any of the boys who met with Cardino had a weapon.
The 14-year-old girl and the friend who allegedly sent the messages from the phone were in a vehicle near Black Bob Park. The friend honked the horn to warn the alleged shooter and the other boys when Cardino was 5 minutes away, according to court documents.
The 14-year-old girl told police the boys who met with Cardino at the time of the shooting repeatedly threatened to shoot her and others if they told spoke about Cardino’s murder, according to the re-hearing request.
The Johnson County Disrtict Attorney Office's official response noted that two other defendants in the case told police that the plan to rob Cardino was discussed at a house belonging to a sister of one the 14-year-old boys before the meeting and that "all six juveniles were privy to this information."
The six teens charged with Cardino's murder met at the sister's house, drinking and smoking marijuana, before arranging to meet Cardino at Black Bob Park, according to the state's statement of facts in response to the re-hearing request.
One of the four teen boys sat at a picnic table and was supposed to signal the other three boys, including the 14-year-old boy who had the gun and allegedly shot Cardino. He didn't signal, according to court documents, but the boy with the gun emerged from hiding and opened fire.
The 14-year-old girl is due back in court June 24 for a motion hearing.
Two of the 14-year-olds boys charged in the case also pleaded not guilty last week, according to court records.
Both are due back in court July 20 for a scheduling conference.
Due to a conflict with his attorney’s calendar, the other 14-year-old boy charged in the case is scheduled to make his first appearance on Wednesday, according to court records.
Two 13-year-olds charged in the case, who cannot be charged as adults under Kansas law, both pleaded not guilty Monday. One is scheduled to return to court July 20 and the other’s next court date is set for July 21.
The four 14-year-olds have all been remanded to custody in the Johnson County Juvenile Detention Center and the state has requested a waiver to charge each as an adult, in accordance with Kansas law.
A waiver hearing for the 14-year-old girl has been set for July 18, but no waiver hearings are listed yet for the remaining defendants in the Johnson County District Court’s online database.
KSHB 41 is withholding the names of the 14-year-old defendants who are charged with Cardino’s murder because they have yet to be charged as adults.
The 14-year-old girl’s attorney did not reply to an email sent June 6 regarding the Request for a Re-Hearing to Contest Probable Cause.
KSHB has requested a copy of the complete probable cause statement, but the court sealed the affidavit and barred its release on June 9, according to court records.
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