KANSAS CITY, Mo. — Capital murder cases involving law enforcement killed in the line of duty are having a year on both sides of the state line.
Wyandotte County is pursuing two cases for the killings of Sheriff's Deputy Elijah Ming and Kansas City, Kansas, Officer Hunter Simoncic.
Clay County is nearing the end of a quick trial this week. A jury convicted Joshua Rocha, who confessed to killing a North Kansas City police officer, of first-degree murder on day three.
In 2022, Rocha was driving on a suspended license when North Kansas City, Missouri, Police Officer Daniel Vasquez pulled him over for an expired temp tag. While Vasquez approached the vehicle, Rocha shot him multiple times with an AR-style rifle.
A jury convicted Rocha of first-degree murder on Wednesday, so sentencing is the next step in the process.
The jury was chosen from the St. Louis area and will determine if Rocha lives the rest of his life in prison or heads to death row.
While the state is seeking the death penalty, it's not mandated in capital murder cases, according to Criminal Defense Attorney Craig Divine.
The jury has the option to recommend it. Otherwise, Rocha will serve life without parole.
Craig Divine, a criminal defense attorney for Divine Law Office, LLC, has experience with capital murder cases.
Since a few of those are happening in the metro, he spoke with KSHB 41's Alyssa Jackson in July about the challenges with seeking the death penalty.
"These cases are hard. To be honest, cases where somebody is looking at a life sentence where the death penalty is not sought are hard for folks," Divine said.
KSHB 41's Alyssa Jackson followed up with Divine over the phone on Thursday.
In this particular case, a judge will hear a jury's sentencing recommendations. Divine said it's "rare" for a judge to overrule a jury's decision.
According to the attorney, Rocha could have a better chance at life in prison rather than the death penalty.
Divine said, "A. It's difficult to get this kind of a verdict because you have to have people who are willing to of it, but it also speaks to the divisiveness the concept of capital punishment brings up in society. There are a lot of people who think that taking someone's life because they took someone else's life looks more like vengeance than justice. There are a lot of people who would say spending the rest of your life in prison is a worse punishment."
Divine explained that an effective defense will likely attempt to make the jury take pity on Rocha.
He said the defense will mention any past trauma Rocha experienced, any neglect or abuse in his upbringing. Another factor the jury might consider is whether the killing was in the heat of the moment, versus Rocha having time to think about taking Officer Vasquez's life.
Missouri's last death penalty decision was the execution of Marcellus Williams in 2024.
There are currently eight people on death row in Missouri, according to the Death Penalty Information Center.
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KSHB 41 reporter Alyssa Jackson covers portions of Johnson County, including Overland Park, Prairie Village and Leawood. Share your story idea with Alyssa.
