Parolee gets life sentence for murdering owner of south Wichita Mexican restaurant

A 27-year-old parolee who killed the owner of a south Wichita Mexican restaurant last year will serve life in prison plus 15 months, according to Dan Dillon, a spokesman for the Sedgwick County District Attorney’s Office.

Adrian N. Zongker fatally shot 42-year-old Oscar Acosta of Wichita outside of Birrieria Tito restaurant, 2815 S. Hydraulic, on Jan. 14, 2021, after he was caught rummaging through a trash can inside of the business and was asked to leave. Wichita police have said when Zongker refused to stop, Acosta took the trash can outside.

While they were outside, Zongker pulled a handgun and fired once, striking Acosta in the chest, police have said.

Acosta died after he stumbled back into his restaurant and yelled at family and customers to take shelter from the gunman, a probable cause affidavit released by the court says.

Zongker pleaded no contest in April to one count of criminal possession of a weapon by a felon, court records show, but denied committing first-degree premeditated murder.

A jury subsequently found Zongker guilty of the murder charge at his May trial, records show.

Sedgwick County District Judge Seth Rundle on Friday afternoon ordered Zongker to serve life in prison with parole eligibility after 50 years for Acosta’s murder and 15 months on the gun charge, Dillon said. Zongker must serve the sentences consecutively, or back to back, meaning he won’t get out of prison for at least 51 years.

Zongker’s attorney had asked the judge to cut the parole eligibility on the life term in half, from 50 to 25 years — saying in a written motion that Zongker “has a long history of mental impairment” and likely killed Acosta “on sudden impulse” rather than with premeditation. But the judge denied that request.