The brother of an Olympic ice skater was acquitted for involuntary manslaughter and convicted of assault and
battery, stemming from an altercation with his father that allegedly prompted the older man’s death, as reported by the Boston Globe.
M.K.’s confrontation with his father, D.K., 70, occurred in the family home in Stoneham in January 2010.
Supportive family members cried and hugged M.K., who showed little emotion himself, while the verdict was read in Middlesex Superior Court. His family had stalwartly supported him throughout.
Olympic skater, N.K., said, “My family has never believed at all that my brother had anything to do with my father's death, my dad never would have wanted any of this.”
Gerard T. Leone Jr., the District Attorney for Middlesex, said, “When a defendant commits criminal conduct the way this defendant did, they need to be held responsible and accountable, and this verdict holds (M.K.) accountable and responsible for beating his 70-year-old father.”
M.K., 46, allegedly fought with his father about the use of the telephone in the house. As the argument escalated, prosecutors argued that M.K. grabbed his father around the neck crushing cartilage.
Prosecutors further argued that the physical fight brought on D.K.’s fatal heart failure.
Of the verdict, prosecutor Elizabeth Keeley said, “If it were not for the actions of this defendant, we would not be here today and (D.K.) would not have died in the manner that he did on the floor of his home. This verdict speaks to the actions of an angry, belligerent, highly intoxicated 45-year-old man who cared more about himself and his selfish desires than his 70-year-old father.”
Janice Bassil, M.K.’s defense attorney, said that the prosecutors had failed to prove their case because D.K.’s heart failure began before the argument between the two men began.
Bassil said, “This has been an enormous ordeal for (N.K.) and particularly her mother. I would have liked a not-guilty verdict on everything. I don’t think the government proved its case. I’m glad the jury saw the truth, that there was no
manslaughter here, there was no killing here, and they convicted him of the least charge they could.
It was going to boil down to the facts, the science, and the medicine, and that’s what the jury understood.”
Bassil said that she expected the maximum jail sentence for M.K. to be 2 ½
years.
N.K. will most likely contribute a victim impact statement at that time.
During the trial, B.K., D.K.’s widow, also disputed the confrontation between her husband and son. She would only refer to the episode as a “fight”.
She had to listen to her own frantic call to 911 replayed twice in the courtroom, which was recorded on the night of January 23, 2010.
After the closing arguments by prosecutors and defense, the jurors deliberated for approximately 15 ½ hours over a three-day period.
Obtain the best defense possible when you contact a criminal defense attorney from our comprehensive directory of professionals.
