Ark Valley News - Death penalty in play for defendant

Death penalty in play for defendant
By Matt Heilman
Last Updated: November 26, 2014

Ellington pleads not guilty

Wearing a navy blue sport coat, a collared shirt and khaki slacks, Drew Ellington entered the courtroom of Sedgwick County District Court Judge Warren Wilbert and stood next to his defense team as the fourth and final suspect to be arraigned on charges including capital murder in the November 2013 deaths of Roger and Melissa Bluml.

In the Nov. 20 arraignment, the defense waived its right to enter a plea, resulting in an automatic ‘not guilty' plea entered by the court on Ellington's behalf.

If Ellington is convicted of capital murder, the prosecution will have the option to pursue the death penalty. On Nov. 20, Sedgwick County District Attorney Marc Bennett established that the prosecution would seek a separate sentencing proceeding for Ellington.

The same action was taken in the arraignments of Tony Bluml and Bluml's birth mother, Kisha Schaberg.

According to testimony from a preliminary hearing in the case, Schaberg is accused of shooting Melissa and Roger Bluml after she and Ellington burglarized the couple's home in rural Valley Center on Nov. 15, 2013.

According to earlier testimony, Tony Bluml arranged the shooting of his adoptive parents.

Prior to Bluml's arraignment last month, Braden Smith pleaded not guilty to the capital murder charges, but reached a plea agreement with prosecutors. In the agreement, Smith agreed to testify against the other three defendants in exchange for a lesser charge of second-degree murder.

On Nov. 20, a control date for Ellington's trial was set for Dec. 15. However, the district attorney's office said the trial would likely be delayed until next year.

Kristi Cott, chief public defense attorney from Garden City, joined defense attorney Jay Greeno as co-counsel representing Ellington in the arraignment.