The Kansas Supreme Court today upheld the consecutive sentences of a man who pleaded guilty to two counts of felony murder in connection with an arson and fatal fire.
Curtis T. Horn appealed the two consecutive sentences of 20 years each that he received in Wyandotte County District Court.
The Supreme Court said there was no abuse of discretion by the district court judge, as had been argued by the defendant. “Based on the case facts, a reasonable person could agree with the district court’s decision to run the sentences consecutively,” the court stated in its opinion today.
According to court documents, Horn had pleaded guilty to two counts of felony murder in the Feb. 2, 2013, deaths of his past girlfriend, Brandi Johnson, and Johnson’s 2-year-old niece, Amiyah McClenton.
Court documents stated that Horn admitted at a plea hearing that he intentionally set fire to the apartment building near 76th Drive and Garfield. Horn had first strangled Johnson, then set the fire that killed McClenton, according to court documents.
The district judge in the case stated during sentencing: “In this case, however, it was the actions of [Horn] immediately after he strangled [Johnson] that are truly troubling and truly horrific. [McClenton] was not yet three years old . . ., yet [Horn], for reasons only known to him, decided she could be used as a witness against him as she observed him causing the death of [Johnson]. Defendant placed the child in a bedroom and lit the apartment on fire. Young [McClenton] eventually died of smoke inhalation. . . She was not yet able to even have dreams of what her life could be. Her life ended suddenly, tragically, inexplicably.”
At the sentencing, Horn had expressed remorse for his actions and said he was under the influence of cocaine and alcohol on the day of the crimes.
Horn also had been charged by the district attorney with endangering 15 children who were at the apartments when the fire was set.
