TOPEKA, Kan. — The Kansas Supreme Court Friday affirmed Stephen Gentry’s convictions in Saline County District Court first-degree murder, attempted first-degree murder, criminal discharge of a firearm at an occupied vehicle, and conspiracy to commit aggravated battery in the May 2015 death of 17-year-old Allie Saum in Salina.
The court held a statutory error in failing to offer lesser included offense instructions on the two forms of reckless homicide was harmless. It also held there was no statutory error in failing to instruct the jury on lesser included offenses of voluntary manslaughter, attempted unintentional but reckless second-degree murder, attempted reckless involuntary manslaughter, and attempted voluntary manslaughter.
Additionally, the court affirmed the district court’s denial of Gentry’s motion for a continuance.
The Kansas Supreme Court, however, held the district court erred when it ordered Gentry to pay restitution to the Saline County Attorney’s Office for expenses related to witnesses and trial exhibits. The Kansas Supreme Court vacated that portion of the order, a news release from the state court noted.