Update: the Kevin Kless killing
Three men will be tried on third-degree murder charges, Philadelphia judge rules.
Update: the Kevin Kless killing
A Philadelphia judge has ordered three men to stand trial in the Jan. 14 beating death of Temple University graduate Kevin Kless.
But in a victory for the defense, Municipal Court Judge Patrick F. Dugan ruled Monday that the three will be tried on a third-degree murder count instead of a general charge of murder in which the jury would decide the degree.
Kless, 23, accompanied by his girlfriend and another woman, was assaulted about 2:30 a.m. as they tried to hail a cab at Fourth and Chestnut Streets in Old City. Three men who apparently believed Kless was yelling at them got out of their car, and Kless was beaten to death in the altercation that followed.
Charged in the assault are Steven Ferguson, 20, of Fox Chase; Kenneth Enriquiz-Santiago, 20, of Juniata Park; and Felix Carrillo , 23, of Olney.
Monday’s ruling followed an April 4 preliminary hearing before Dugan in which Enriquiz-Santiago’s attorney, Lawrence S. Krasner, argued that Kless’ death was the unintended result of a fight -- a case of involuntary manslaughter, not murder. Assistant District Attorney Brendan O’Malley maintained that Kless’ death was a murder case.
Had the case gone to trial on a general murder charge, a jury could have found the trio guilty of first-degree murder, which carries a mandatory sentence of life in prison without parole. A third-degree murder conviction carries a sentence of 20 to 40 years in prison.
The next court date for the three will be June 4, when they will be formally arraigned on the charges before the case starts moving to trial in Common Pleas Court.
This decision is a disgrace. In a fight, two people fight each other. In this case, three people attacked and killed an innocent man. They deserve to be hanged.— ryan16- This Judge should be removed from the trial immediately— cmoney
- Judge Dugan sits in Municipal Court only. The Court of Common Pleas will assign this case to a Common Pleas judge for trial. — dglass1
- This judge should be removed from the bench, period. Horrible decision, plain and simple!!— Just_Recently_Banned
- I agree with all of the above comments. These scumbags deserve to spend life in prison.— The_Unknown-Poster
- Patrick F. Dugan will live to regret this decision. This was not a fight.— knicks84
- Shame on Judge DUGAN. The defendants showed no mercy for the victim, "unintended result of a fight". How would he like a family member to be an unintended victim. Don't step, just jump down from the bench.— marcie
Comment removed.- Honorable Patrick F. Dugan * City Hall , Room 244 Phone: 215 686-7369— knicks84
- Honorable Patrick F. Dugan * City Hall , Room 244 Phone: 215 686-7369— knicks84
- Where's the state attorney general or federal prosecutor on this case? Is Kevin Kless any less of a victim than Trayvon Martin? Trayvon may have at least gotten to throw a punch... Kless was killed 3 against 1.
DA Seth Williams and his office are completely incompetent, the state of PA needs to take over this case NOW.— China Panda - Comment removed.
- How many Cadillac driving white suit wearing Reverend's endorsed this judge?— towelie
- This was a hate crime plain and simple. There would be no other reason to beat this man to death other than an underlying factor that would create this rage. That factor is clear; racism.— Ronald Reagen
- Comment removed.
