BY THE COURT
defendant acts with the requisite mens rea, and that act sets
events in motion that lead to a victim's death, the
defendant will be criminally liable for the death unless an
unforeseeable event supersedes the defendant's act and
becomes the sole cause of death, thus breaking the chain of
from Riley District Court; John F. Bosch, judge.
F.A. Maughan, of Maughan Law Group LC, of Wichita, argued the
cause and was on the brief for appellant.
R. Wilkerson, county attorney, argued the cause, and Derek
Schmidt, attorney general, was with him on the brief for
night, Matthew Wilson broke into an apartment and began
shooting the occupants. Inside the apartment, Joel Solano
awoke, grabbed a gun, and hid in his room. Michael Lowery
fled from Wilson into Solano's room. Mistaking Lowery for
the shooter, Solano shot Lowery dead. Wilson later pled no
contest to premeditated murder for Lowery's death, and we
affirmed his sentence on direct appeal.
now argues the district court erred when it summarily denied
his postsentence plea withdrawal motion. On appeal, Wilson
claims there was an insufficient factual basis to support the
elements of premeditated murder because he did not actually
kill Lowery-Solano did. Wilson makes the related claim that
if his first argument is correct, his trial counsel was
ineffective for failing to recognize this fact and advise him
accordingly. Finally, Wilson suggests that because the lower
court essentially ignored these arguments when Wilson
asserted them pro se below, a remand would be appropriate if
the record is insufficient to permit us to conduct a
Wilson proximately caused Lowery's death by attacking
those in the apartment, leading to Solano's foreseeable
defensive response. Wilson-as an active shooter-created a
deadly situation for the apartment's occupants, and
Solano's shot was not an extraordinary intervening event
that became the sole cause of Lowery's death. Because a
factual basis supported the plea and a remand is unnecessary,
and Procedural Background
underlying facts are not disputed. As this court recited in
Wilson's first appeal:
"Dustin Ferguson and Joel Solano lived in an apartment
directly across the hall from Wilson. Sometime around 2 a.m.
on April 7, 2013, Ferguson returned to the apartment with
Michael Lowery, Alexya Mailea, and Christine Kim after a
night out in Aggieville. Around 4 a.m., Ferguson and his
three guests opened the door to leave. They were met in the
hallway by Wilson who immediately started shooting at them
with a handgun.
"Ferguson, Mailea, and Kim were struck by bullets, and
Ferguson pulled Mailea and Lowery back into the apartment
while Kim fled down a flight of stairs. Wilson followed Kim
and told her he was not going to kill her and that he was
only 'there for the guys.' Wilson then returned to
the apartment, shot his way through the locked front door,
"In the meantime, Lowery had run into Solano's
bedroom where Solano had been sleeping with his
fiancée and young daughter. Solano was awakened by the
gunshots and retrieved his own handgun. Solano then shot
Lowery when he came into the bedroom, mistaking him for an
"Ferguson escaped by jumping out of his bedroom window.
He directed Mailea to follow him, but she was still in
Ferguson's room when Wilson returned. As with Kim, Wilson
assured Mailea that he was not going to kill her and that he
was only 'there for the boys.' He also told her he
was 'doing what he was doing' because Ferguson and
Solano had too many loud parties in their apartment and that
'people deserved to get a good night's sleep.'
Wilson then went to Solano's bedroom to look for the
"Wilson failed to enter Solano's bedroom because the
door was blocked by Lowery's prone body. He ordered
Solano to open the door and threatened to shoot his way into
the room if Solano did not comply. Solano had heard Wilson
tell Mailea he was 'there for the boys,' so he
remained quiet, hoping Wilson would think no one was there.
Wilson eventually gave up and left the apartment. Police took
him into custody outside the building a few minutes later.
"Lowery died as a result of his gunshot wounds, while
Ferguson, Mailea, and Kim were all hospitalized with serious
injuries. Wilson pled no contest to one count of first-degree
premeditated murder for Lowery's death, two counts of
attempted first-degree premeditated murder regarding Ferguson
and Solano, and two counts of aggravated battery on ...