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 had been 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 District Attorney said they could be refiled if new or additional evidence comes to light. He has since died.

On Tuesday, the county attorney said that while Ortiz’s death devastated the community, his family was involved in every phase 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 case, the amendment of the complaint to a reduced charge of conspiracy to commit robbery took into account all the facts and circumstances known to law enforcement and the Finney County District Attorney’s office at the time of the plea.”

Smith’s sentencing is set for Dec. 4.

The Garden City Police Department 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.

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