BOISE — The Ada County Prosecutor’s Office announced Thursday that it will pursue the death penalty for the man charged in a June mass stabbing that killed a 3-year-old girl and wounded eight other refugees.
Timmy Earl Kinner Jr., a 30-year-old homeless man, is charged with first-degree murder in the death of 3-year-old Ruya Kadir and eight counts of aggravated battery in the alleged stabbing/slashing of eight others, including five children. All of the victims of the June 30 stabbing were refugees, and many were attending Kadir’s birthday party at the Wylie Street Station Apartments.
“My office, including two senior deputy prosecutors, victim-witness coordinators, an investigator and staff are working closely with the Boise Police Department and their assigned detectives,” lead prosecutor Jan Bennetts said in a statement. “After careful consideration, we have concluded that pursuing the death penalty is appropriate in this case. It is important that we preserve the integrity of the case and let the criminal justice process take its course to ensure Mr. Kinner is afforded due process and receives a fair trial.”
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The prosecutor’s office said it would make no additional comments on the decision. Kinner’s lead attorney is David Smethers with the Ada County Public Defenders Office. The office on Thursday said it has “no comment” on the decision.
Kinner is set to go to trial Jan. 3. His attorneys have raised concerns over his mental health in recent hearings, asking that he be committed to a state facility for treatment.
He has repeatedly refused to meet with a psychologist assigned to evaluate his health, according to officials. However, he has continued to write letters to prosecutors, sending three last week.
In August, Kinner chose to “stand silent” during a plea hearing. Fourth District Court Judge Nancy Baskin entered “not guilty” pleas on his behalf to all 13 of his charges: first-degree murder in the stabbing death of Ruya, eight counts of aggravated battery in the alleged stabbing of eight others, one count of burglary for allegedly entering an apartment with the intent to commit aggravated battery, two counts of aggravated assault and a deadly weapon enhancement.
In a July interview with the Statesman, Ruya Kadir’s mother, Bifituu Kadir, said she wants justice for her daughter.
“I want everybody to stand with me,” Kadir said. “I want the prosecutor to seek the death penalty.”