A Riley County judge has found probable cause to try one of four men charged in the November 2019 shooting death of 24-year-old Tanner Zamecnik.
Jaylon Hitsman faces five total charges including first-degree murder and criminal discharge of a firearm at an occupied vehicle. He additionally faces charges of aggravated assault, aggravated battery and attempted aggravated battery. Zamecnik was killed Nov. 1 in an attempted robbery over marijuana.
The 20-year-old and his brother Dylan Hitsman along with 29-year-old Richard Goens and 45-year-old Shamar Sutton are each facing similar charges.
Sutton signed an agreement last month to testify in exchange for lesser charges. He told prosecutors that he had acted as the driver in the incident after he had gone to Goens’ apartment to purchase marijuana, but Goens didn’t have enough to fulfill the request. Sutton said Goens invited the Hitsmans over to discuss how they could acquire more marijuana and devised a plan to rob someone the Hitsmans knew. Sutton said he’d never met the Hitsmans and that Zamecnik had dated their sister. Sutton also said Goens showed them a semi automatic handgun he’d use in the attempted robbery.
Sutton told prosecutors he drove the three men to Zamecnik’s apartment in the 1400 block of Cambridge Place. As they arrived, Sutton stated the Hitsmans got into Zamecnik’s occupied vehicle. Goens came up to the driver side window after receiving a text signal from Dylan. Sutton testified seeing the brothers jump out of the backseat and a flash and heard the sound of a gunshot. Zamecnik’s vehicle reversed then drove forward, hitting a second vehicle, pushing both into the building.
A second person in the vehicle, Courtney Yowell testified she sustained broken bones in her leg as a result of the crash.
Sutton said Jaylon didn’t engage in the conversations as much. Yowell also stated one of the brothers was also more talkative than the other. Prosecutor Trinity Muth argued that even though Jaylon’s role was lesser than the other three men, he and his brother acted as a ruse during the attempted robbery, turned murder.
Arraignment is scheduled for 9 a.m. Aug. 31.
Goens and Dylan Hitsman are both set to be arraigned at 9 a.m. Monday, Aug. 17.
