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

WICHITA, Kan. (KWCH) – A woman accused in the death of 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 case of Ernie Ortiz.

The 69-year-old was found dead outside his Garden City restaurant, El Conquistador, 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 attorney said they could be refiled if new or additional evidence came to light. He has since passed away.

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

“As prosecutors, it is our duty to ensure that justice is fair and proportionate to the crimes committed by the charged parties,” the Finney County Prosecutor’s Office said in a news release. “In this case, the amendment of the complaint to a lesser charge of conspiracy to commit robbery took into account all facts and circumstances known to law enforcement and the Finney County Prosecutor’s Office at the time of the plea.”

Smith’s sentencing is set 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’s Criminal Investigations Division.