Charges reduced for woman accused of robbery and murder of Garden City restaurant owner

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

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

The 69-year-old was found dead outside his restaurant El Conquistador in Garden City in September 2019. Police said he was shot multiple times during an attempted robbery.

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

In December 2020, the charges against Roady were dismissed without prejudice, but the Finney County prosecutor said they could be refiled if new or additional evidence comes to light. He has since died.

On Tuesday, the district attorney said that while Ortiz's death has devastated the community, his family has been involved in all phases of the investigation and Smith's prosecution.

“As prosecutors, it is our duty to ensure that justice is fair and commensurate with the crimes committed by the accused parties,” the Finney County District Attorney’s Office said in a news release. “In this case, amending the complaint to a reduced charge of conspiracy to commit robbery took into account all of the facts and circumstances known to law enforcement and the Finney County Prosecutor’s Office at the time the complaint was filed.”

Smith's sentencing is scheduled for December 4.

Garden City police said the case remains 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 Crime Stoppers.

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