BOISE, Idaho – A lawsuit against a man accused of fatally stabbing a 3-year-old girl — and injuring eight others — during the child's birthday party at a Boise, Idaho, apartment complex is being put on hold due to concerns about the defendant's mental health.
Fourth District Court Judge Samuel Hoagland expressed concern on Tuesday at a hearing about moving forward with the case. He noted 31-year-old Timmy Kinner Jr.'s commitment to the prison medical ward would pose a major barrier to the case, the Idaho Press reported .
"I don't even think I could even set a trial date without his notice and ... opportunity to say his piece and things of that nature," Hoagland said.
The lawsuit is running parallel to Kinner's criminal case, in which he faces 13 criminal counts, including first-degree murder.
Bifituu Kadir and Recep Seran, the parents of Ruya Kadir, the child Kinner is accused of killing, filed the civil lawsuit against Kinner in December following Ruya Kadir's death in July.
The parents also named Tamarack Property Management, the company managing the property where the mother and daughter lived at the time of the child's death, in the suit. The company's Boise affiliate, Northwest Real Estate Capital Corporation, and one of the employees at the apartment complex are also named in the lawsuit.
Bifituu Kadir's attorneys claim apartment complex staff knew Kinner was dangerous when he was staying there with a woman, who was not named in court documents.
Hoagland said a defendant, or their attorney, in a civil case has the right to be present during depositions, when witnesses are interviewed. It would be extremely difficult in this case for Kinner to participate in that process, Hoagland said.
"If at some time in the future he is deemed fit to proceed it still raises concerns in my mind that anything he might do in this case might interfere with his ability to get a fair trial in the criminal case," Hoagland said.
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Information from: Idaho Press, http://www.idahopress.com
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