Voluntary Manslaughter Verdict for Abused Teen
Posted on Sep 14, 2010 4:50pm PDT
As reported by CNN in North Ridgeville, Judge James Burns has found defendant Daniel Kovarbasich guilty of voluntary manslaughter in the murder of Duane Hurley.
Kovarbasich, hearing his charge reduced from murder to manslaughter, was visibly pleased during the judge's verdict. His attorneys had argued that the lesser charge would be a more appropriate decision due to circumstances revealed by the defendant only weeks before.
Hurley and Kovarbasich met one day when Hurley was walking his dog and he invited the boy to visit him. At that time Kovarbasich was 12 or 13 years old. Soon Kovarbasich, and his entire family, became friends with Hurley. Hurley began paying Kovarbasich for doing chores around his home and walking his dog.
The friendship, between man and boy, evolved when Hurley persuaded Kovarbasich to show his penis. It escalated to all forms of sex.
Kovarbasich explained, "The beginning stuff, showing (exposing) that didn't bother me. The oral (sex), I still did it. When it got to the last (anal sex). I didn't like. I told him I didn't like…I told him I don't want to do it anymore."
Hurley bypassed Kovarbasich's complaints by trading favors such as the use of Hurley's car, "When I wanted to drive the Corvette, he said you know what that means, bigger toys, bigger things."
In trying to end the relationship, and not wanting to reveal to anyone what had happened, the guilt and shame stopped him more than once. Kovarbasich said, "I tried. I tried getting away from him multiple times; he'd come back each time. I didn't want to make a scene."
On the day of the murder Kovarbasich's father had dropped him off at Hurley's home to get a ride to school. Talking to Hurley the night before, Kovarbasich said that Hurley had agreed not to try to engage him in sex that morning. Hurley had even suggested helping Kovarbasich with a one-year anniversary gift for Kovarbasich's girlfriend, Katie.
In exchange for Hurley's help, however, he expected Kovarbasich to have sex with him after all. Kovarbasich, now, was ready to stop.
A physical altercation began when Kovarbasich hit Hurley on the head with a gallon-sized pickle jar - a Medical Examiner reported that the jar injury alone was severe enough to have killed Hurley - but Kovarbasich saw Hurley regain himself and come after him. Hurley stumbled from the bedroom to the hallway and the teen stabbed him. When his knife broke, he grabbed another and stabbed Hurley more than 50 times.
Judge Burge said that the State had proven its case beyond a reasonable doubt but mitigating circumstances called for the ruling of voluntary manslaughter, "The court finds that he defense has presented proof by a preponderance of the evidence that the defendant was in a fit of rage occasioned by the victim, which was reasonably sufficient to incite him to use deadly force."
Kovarbasich faces up to ten years in prison.
If you are facing criminal charges and were the victim of abuse, contact a criminal defense attorney in your area for help.
