Tag: Dwane Simmons

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Defensive back Corey Ballentine was drafted by the New York Giants in the sixth round (180th overall) of the 2019 NFL draft.

In the wee hours of the morning following his selection, Ballentine was a victim of a shooting in his hometown of Topeka, Kansas. His friend and college football teammate, Dwane Simmons, was killed in the incident.

Three years later, finally, justice is served.

Shawnee County District Judge Cheryl Rios presided over the case against Francisco A. “Franky” Mendez, the convicted shooter in the incident. He spent three years in jail awaiting his trial, during which he refused to give up his accomplice’s names and never showed remorse for his actions.

As such, Judge Rios did not hold back at sentencing.

“You will pay for the decision that you made,” she told Mendez before handing out a harsh penalty, via the Topeka Capital-Journal.

Rios sentenced Mendez to prison for 50 years, without the chance of parole, for the murder of Simmons. Then she added 41 years to be served after that for the four counts of attempted murder, plus seven counts of aggravated robbery that were part of a three-day crime spree in April 2019.

Ballentine, who signed a reserve/future contract with the Atlanta Falcons in January, played for the Giants for two seasons before being waived. While wearing blue, he appeared in 22 games. He recorded 38 tackles, including 33 solo and seven sacks as a defensive back, and returned 19 kicks for 447 yards.

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Francisco A. Mendez, the man charged with shooting former Washburn University football players Dwane Simmons and Corey Ballentine last year, is seeking a new defense lawyer.

Mendez is charged with the premeditated first-degree murder of Simmons, 23, and the attempted first-degree murder of Corey Ballentine, now 24. The shooting occurred on April 28, 2019, hours after the Giants had drafted Ballentine in the sixth round. He was wounded in the attack.

Mendez is also charged with three counts of attempted first-degree murder of Channon Ross, Kevin Neal and James Letcher, who were with Simmons and Ballentine.

Ballentine and Simmons were attending an off-campus party in Topeka, Kansas, when Mendez allegedly opened fire from a vehicle, killing Simmons and wounding Ballentine in the buttocks. Ballantine recovered and played in 13 games (starting two) in his rookie season for the Giants.

Mendez has petitioned the judge to replace his defensive attorney, KiAnn Caprice, stating “there is a “significant breakdown” in communication between the two, including an “irrevocable breakdown” in the attorney-client relationship.” The judge previously denied a request from Mendez to change his attorney.

According to WIBW.com, “Mendez’s nine-day trial has been scheduled to start on July 13, but it’s expected that no jury trials in Shawnee County District Court will be conducted before September 1 due to the COVID-19 pandemic.”

Ballentine, a defensive back the Giants have used mainly in packages and on special teams, was not only a teammate of Simmons’; they were roommates and best friends. He played his rookie season with a heavy heart.

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The 19-year-old charged in the murder of Washburn football player Dwane Simmons and the attempted murder of New York Giants cornerback Corey Ballentine was found competent to stand trial on Monday.

The latest ruling comes on the heels of Francisco Alejandro Mendez being deemed “uncooperative” during the initial competency hearing, which was scheduled for February 27.

At the time, psychiatrist Dr. David Blakely had informed the court that he was unable to render an opinion on Mendez due to a “lack of cooperation,” which Mendez claimed was a simple misunderstanding.

Following a second examination, Blakely determined that Mendez was incompetent to stand trial.

However, the Topkea-Capital Journal reports that Blakely changed his initial ruling after viewing Shawnee County Jail video and recordings of Mendez discussing his case with family, friends and other supporters.

David Blakely had initially concluded Francisco A. “Frankly” Mendez was not mentally competent to stand trial, but reversed that Monday after seeing and hearing Shawnee County Jail video and recordings of Mendez discussing the case with supporters.

Blakely said he now thought Mendez was probably competent to stand trial and assist in his own defense.

Shawnee County District Judge Cheryl Rios then found Mendez competent.

In those recording, Mendez told his mother and girlfriend that he had hoped to be deemed incompetent and subsequently forced to spend six months receiving mental evaluation at Larned State Hospital. He also revealed plans to change his representation several times in an effort to complicate matters.

Mendez faces multiple charges, including first-degree murder and four counts of attempted murder from the April 28 shooting, which came just hours after the Giants selected Ballentine in the sixth round of the draft. Mendez also faces several other charges, including seven counts of aggravated robbery stemming from unrelated incidents.

Shawnee County District Judge Cheryl Rios has schedule the trial to begin on July 13.

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In mid-February, Francisco Alejandro Mendez, the man accused of shooting New York Giants cornerback Corey Ballentine and murdering Washburn football player Dwane Simmons, had his trial delayed in favor of a competency evaluation.

That evaluation was scheduled for February 27, but like the trial itself, has been delayed.

WBIW out Topeka, Kansas reports that Mendez was deemed “uncooperative” during the competency evaluation, leading to yet another delay.

A psychiatrist was unable to conduct a competency examination of a man charged with fatally shooting one Washburn University football player and wounding a second due to the defendant’s lack of cooperation, a judge was told on Thursday.

The judge on February 13 had ordered defendant Francisco Alejandro Mendez, 19, to undergo a competency evaluation by Dr. David Blakely.

Blakely informed the judge, prosecution and defense that he was unable to form an opinion on Mendez due to his “lack of cooperation.”

Mendez acknowledged the lack of cooperation, telling the Judge that he “didn’t understand what [the doctor] was saying.”

Shawnee County District Court Judge Cheryl Rios was not happy with the outcome and let Mendez know it.

“I want you to know this trial will go forward,” Rios told Mendez.

Judge Rios once again ordered that Mendez be evaluated by Dr. David Blakely and that an evidentiary hearing of the evaluation results would be scheduled for March 9.

Mendez faces a multitude of charges, including first-degree murder and four counts of attempted murder from the April 28 shooting, which came hours after the Giants selected Ballentine in the sixth round of the draft. Mendez also faces several other charges, including seven counts of aggravated robbery stemming from unrelated incidents.

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The man who shot New York Giants cornerback Corey Ballentine and killed Washburn football player Dwane Simmons was expected to go to trial beginning on Tuesday, February 18.

That will not happen.

The Topeka Capital-Journal reports that Francisco Alejandro Mendez, 18, will instead undergo testing to determine whether or not he is competent enough to stand trial. That competency hearing is scheduled for 10:00 a.m. on Thursday, February 27.

Accordingly, a new trial date has not yet been set.

Mendez faces a multitude of charges, including first-degree murder and four counts of attempted murder from the April 28 shooting. He also faces several other charges, including seven counts of aggravated robbery stemming from unrelated incidents.

Simmons died at the scene of the shooting, while Ballentine survived and went on to play for the Giants last season.

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Francisco A. Mendez, the man accused of killing Washburn University football player Dwane Simmons and injuring New York Giants cornerback Corey Ballentine in a senseless and seemingly random shooting in Topeka, Kansas on April 28, 2019, is seeking to have his trial moved.

KiAnn Caprice, the attorney representing “Franky,” filed a motion last week to have the trial moved out of Shawnee County District Court, claiming Mendez is unable to get a fair trial due to the overwhelming amount of media coverage.

“Mendez cannot possibly receive a fair trial in Shawnee County,” Caprice wrote in a motion filed on January 6, which was published by The Topeka-Capital Journal. “Such prejudice exists in the community . . . that it is reasonably certain he cannot receive a fair trial.”

In her motion, Caprice also claimed that public officials have disseminated so much information that most defense details have become publicly known, creating a “prejudiced a potential jury beyond repair.” She also decried some of the charges facing Mendez, claiming they are “some of the most severe we have in Kansas.”

“The factors highlighted illustrate such a great prejudice against the Defendant that he cannot possibly receive a fair trial in Shawnee County,” Caprice added. “The court must transfer the trial to a different venue.”

Mendez’ charges include include first-degree murder, three counts of attempted murder and seven counts of aggravated robbery stemming from two separate but nearby incidents.

A ruling has not been made on the motion to move the trial.

Simmons died at the scene of the shooting, while Ballentine suffered a gunshot wound to his buttocks. He went on to play for the Giants this season with the bullet still lodged in his body.

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