KUTZTOWN, Pa. – Two brothers were convicted of conspiracy and aggravated assault Monday in the beating death of a university student in Pennsylvania Dutch country.
Terry Kline, 23, and Kenneth Kline, 22, both of Allentown, were acquitted of third-degree murder in the death of 19-year-old Kutztown University sophomore Kyle Quinn last year.
A third defendant, Timothy Gearhart, has admitted he hit Quinn in the head with a wooden table leg during the fight. Defense attorneys for the brothers say Gearhart acted on his own.
Prosecutor Jonathan Kurland said in closing arguments that Gearhart and the Kline brothers left a bar looking for someone to beat up, so all three share responsibility for Quinn's death.
"Kyle Quinn was murdered because of the assault the Klines started," Kurland said. "They surrounded him."
Kenneth Kline's attorney, Eric Dowdle, said Gearhart acted "independently, unilaterally and spontaneously" and that the brothers can't be held legally responsible for the fatal blow Gearhart delivered.
"Emotion tells you to punish Kenny because he was mean to Kyle," Dowdle said. "The facts, however, require you to find Gearhart and Gearhart alone responsible for the blow that killed Kyle Quinn."
Terry Kline's lawyer, Jack McMahon, said his client was drunk and "obnoxious" that night but also can't be held responsible for the death.
Conspiracy to commit third-degree murder carries a maximum sentence of 20 to 40 years in prison. It was unclear Monday whether a sentencing date had been set.
Gearhart, 24, pleaded guilty in August to third-degree murder and conspiracy and was sentenced to 20 to 40 years in prison.
Quinn's killing on Sept. 7, 2007, was Kutztown's first homicide since 1982.
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