Charges dropped against woman accused of robbery and murder of Garden City restaurant owner

WICHITA, Kan. (KWCH) – A woman accused of killing a Garden City business owner no longer faces first-degree murder or aggravated robbery charges in the case.

On November 7, 2024, Samantha Jo Smith, 33, pleaded guilty to an amended complaint of conspiracy to commit robbery in the Ernie Ortiz case.

The 69-year-old man was found dead outside Garden City restaurant El Conquistador in September 2019. Police said he was shot several times during a robbery attempt.

Smith and Marcus Roady were initially named as suspects in the case.

The charges against Roady were dismissed without prejudice in December 2020, but the Finney County District Attorney said they could be refiled if new or additional evidence emerges. He has since died.

The district attorney on Tuesday said that while Ortiz’s death devastated the community, his family was involved in all phases of the investigation and prosecution of Smith.

“As prosecutors, it is our duty to ensure that justice is fair and proportionate to the crimes committed by the accused parties,” the Finney County District Attorney’s Office said in a statement. “In this instance, all facts and circumstances known to law enforcement and the Finney County Prosecutor’s Office at the time of the plea were taken into account in amending the complaint to drop the charge of conspiracy to commit robbery.”

Smith’s sentencing will be determined on December 4.

The Garden City Police Department said the case is an open and ongoing investigation. Anyone with information about the case is asked to call Crimestoppers at 1-800-222-8477 or the Garden City Police Department Criminal Investigations Division.

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