DA says convicted murderer could get 50-70 years

TOPEKA (KSNT) - The man found guilty of killing a Washburn football player in 2019 could serve 50 to 70 years if Shawnee County District Attorney Mike Kagay has any say.

"The goal is to keep him incarcerated for the rest of his life," Kagay said in an interview on 27 News Wednesday morning. "It is a very tragic case."

Francisco Mendez was found guilty of killing Washburn football player Dwane Simmons in April 2019 and shooting Cory Ballentine. Simmons and Ballentine went out to celebrate Ballentine's recent draft to the NFL.

According to Kagay, the prosecution is expected to ask for a maximum sentence of 50 years before the possibility of parole. If the sentences are ordered to be served consecutively, Mendez could serve 70 years in prison.

Kagay said the community can be proud of the way it rallied around Simmons' family.

Following an 18 month delay in jury trials, Kagay also said the district attorney's office is busy with a backlog of trials. The backlog could take two years to work through, Kagay said. "We have so many trials, we are going constantly," Kagay told 27 News.