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Judge denied, then granted psychologists access to man accused of stabbing 9, killing 1 in Boise

Timmy Earl Kinner Jr., the man accused of stabbing nine people, including six children at Wylie Street Station apartments, appeared in court via video from the jail with attorney Brian Marx, right, on Monday morning, July 16, 2018.
Timmy Earl Kinner Jr., the man accused of stabbing nine people, including six children at Wylie Street Station apartments, appeared in court via video from the jail with attorney Brian Marx, right, on Monday morning, July 16, 2018.

A Fourth District Court magistrate judge initially denied a motion to allow doctors into the Ada County Jail to see a man accused of stabbing nine people, including one child who died.

Timmy Earl Kinner Jr., a 30-year-old homeless man, has been charged with murder in the stabbing death of 3-year-old Ruya Kadir. Eight others were hospitalized in the stabbing at the Wylie Street Station Apartments on June 30. He is being held without bail due to extreme risk to the community, Judge Russell Comstock said at his arraignment July 2.

Kinner was scheduled to be in court at 8:30 a.m. Monday for a preliminary hearing before Magistrate Judge Michael Oths, but that hearing was continued until Aug. 14.

Kinner is also facing eight counts of aggravated battery in the alleged stabbing of the eight others, including five children, and a use of deadly force enhancement.

Kinner has had five behavioral violations at the Ada County Jail, including one in which he made a verbal threat of violence toward a jail employee, according to Patrick Orr, a spokesman for the Ada County Sheriff’s Office. The other violations were for failure to follow commands from jail staff or breaking jail rules.

“While we won’t tell you exactly where he is being housed in the jail for security issues, we can say he is being held in a cell by himself,” Orr said.

The 30-year-old, who has a criminal record in Utah and Tennessee, has asked to represent himself, but for now he is being represented by public defender David Smethers.

On July 3, Smethers filed a motion to allow Dr. James Davidson and Dr. Nancy Davidson into the jail to see Kinner. Oths denied the motion, “absent some further explanation of the role of proposed persons in this matter.”

Oths said the court would reconsider the denial after the state and/or Ada County sheriff were heard on the matter.

Smethers filed another motion with an explanation of who the Davidsons are, and their purpose for meeting with Kinner. He said they are Ph.D.-level psychologists who are part of the Davidson Forensic Group, which practices in Idaho and Texas. They are potential expert witnesses in the case.

“Further, the defense team needs input from mental health professions in order to assess the case, prepare a defense and effectively counsel the defendant on his options,” the motion from July 9 reads.

Kinner’s defense attorneys asked in a motion that their client be allowed “the use of at least one hand” in meetings at the Ada County Jail with the Davidsons. In his order granting access, Judge Oths struck out the stipulation on the use of one hand.

On July 11, Oths granted access to Kinner at the jail, according to online court records.


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