WICHITA, Kan. (KSNW) — A man who received 50 years to life in the death of a Wichita restaurant owner will be given credit for time he already served.
The Kansas Supreme Court ruled that the man convicted of first-degree murder in the death of 42-year-old Oscar Acosta outside his Birrieria Tito restaurant near Hydraulic and Wassail in 2021, be awarded credit for the time he was jailed ahead of his conviction. This is the second time that the high court has ruled on sentencing for Adrian Zongker.
In 2024, the Kansas Supreme Court denied his appeal of his conviction but did rule that the sentencing judge errored in Zongker’s sentence for criminal possession of a weapon because it was two months longer than the statute’s maximum sentence. The case was remanded back to Sedgwick County.
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At his resentencing hearing, the district court ruled that Zongker would not receive jail credit for the approximately eight months he spent in jail on a parole violation warrant, awaiting trial for murder. The argument in support of this was that he was given credit on the parole violation for which he was originally arrested, not for the murder case, which the district court and prosecution considered separate…