A 49-year-old Eudora man charged with premeditated first-degree murder in the Sept. 11, 2014, death of a disabled Lawrence man was ordered to stand trial and pleaded not guilty to the charge at a Friday court hearing.

Ronald Eugene Heskett

Vance Van Moulton

Ronald Eugene Heskett is accused of asphyxiating Vance “Van” Moulton, 65, by twisting a towel around his throat, according to testimony at the preliminary hearing. Heskett, who was Moulton’s main home health care provider, admitted to the act in a voluntary police interview, but contends that the act was an assisted suicide. Moulton’s cerebral palsy left him with little mobility.

After a preliminary hearing split up into two days in March and April, Douglas County District Judge Peggy Kittel took the matter under advisement. On Friday she ruled that there was probable cause that the crime as charged occurred and bound Heskett over for trial. He then entered a not guilty plea.

Kittel said she based her decision on a number of factors presented during the preliminary hearing, including Douglas County Coroner Erik Mitchell’s testimony that Moulton’s limited mobility would have prevented him from asphyxiating himself; Heskett’s admission to assisting Moulton’s death; and “suspicious financial dealings that would give the defendant motive” to commit murder.

After Kittel announced her decision, Heskett’s attorney, Mike Warner, told Kittel that he and his client “do have issue with the financial aspect” of the case. Warner said it was “the defendant’s position that no clear evidence” was presented at preliminary hearing to support financial motive. Warner declined to elaborate on his “no clear evidence” position.

Kittel said financial records detailing the “financial difficulties Heskett had” and “evidence of a substantial (amount of) money missing in (Moulton’s) residence” that were presented at the preliminary hearing supported probable cause for premeditation.

Kittel also said that things Heskett told investigators, such as that he and Moulton “had a discussion about what (Heskett’s) alibi” could be after Moulton’s death and how Heskett “had to think about” what method would be best to kill Moulton, supported premeditation. Additionally, because Heskett told investigators that Moulton took what “seemed like forever” to die, Kittel said that the death was an “ongoing act” and Heskett could have decided to change his mind in the middle of it.

Also on Friday, Kittel ruled on three motions the defense filed. First at issue was the admissibility of Heskett’s backpack found at the scene that allegedly contained Heskett’s wallet, two check receipts totaling more than $13,000 from the Kansas Department of Revenue in Moulton’s name, various financial documents of Moulton’s and a bottle of hydrocodone prescribed to Moulton.

Warner argued the search of his client’s backpack went beyond the scope of the search warrant officers obtained on Moulton’s apartment the day of the death; therefore, the evidence found inside the backpack should be suppressed. But Kittel ruled it admissible because Heskett was “more than a casual visitor” to the apartment and there was “sufficient information that there may have been a connection between the defendant and the victim’s death.”

“It was beyond a suspicious death and all indications were that a homicide occurred,” Kittel said. “(Heskett) was the person who reported (the death) and police had reasonable suspicion (to search the backpack.)”

Warner also asked the court to prohibit Heskett’s two police interviews, during one of which when he confessed to assisted suicide, from being admitted at trial. Kittel denied those requests, as well, finding that the interviews were voluntary.

Upon the defense’s request, Kittel pushed out Heskett’s jury trial, previously set for June, to the week of Sept. 14. Heskett is scheduled to next appear in court on Aug. 14.

At the end of Friday’s hearing, Warner told Kittel he had “attempted to explore plea negotiations with the state, as “the defendant would like to have this resolved somehow.”

Chief Assistant District Attorney David Melton said he and Senior Assistant District Attorney Eve Kemple had been waiting for Friday’s rulings to be announced before considering possible plea deals.

“Now that we have the rulings, we anticipate trying to explore alternatives to a trial by jury,” Melton said.