BOISE — Timmy Kinner Jr., 32, will not face the death penalty after in March accepting a stipulated plea agreement in his first-degree murder case in Ada County.
Kinner, who in June 2018 was charged with stabbing 3-year-old Ruya Kadir to death during a birthday party, and injuring eight others, all of whom were refugees, pleaded guilty March 30 to first-degree murder and a dozen other charges.
In exchange for Kinner’s guilty plea, Ada County agreed to withdraw its notice of intent to seek the death penalty filed on Oct. 18, 2018. A potential death sentence remains on the table and the state reserves the right to re-file the notice of intent, according to a copy of the plea agreement.
Kinner will be sentenced to life in prison for first-degree murder and aggravated battery, the agreement stated. The sentences will run consecutively so that Kinner will be sentenced to two consecutive fixed-life terms on those counts.
One of Kinner’s aggravated battery charges will be enhanced by Kinner’s guilty plea entered for use of a deadly weapon during the commission of a crime, according to the agreement. That charge will result in a 30-year fixed sentence, which will run consecutively to Kinner’s two life sentences.
On Kinner’s remaining counts, the sentences will be open for argument in court. According to the plea agreement, this will include whether the sentences for those counts will run consecutive or concurrent, the latter of which would reduce Kinner’s time served.
Kinner also is required as part of his guilty pleas to admit to a prior federal conviction for being a felon in possession of a firearm in May 2009 and two convictions out of Tennessee, one for aggravated assault in November 2013 another for possession of a controlled substance with intent to sell in May 2016.
Should any of the victims of Kinner’s crimes request a no-contact order, the court will issue an order barring Kinner from making contact with any of the victims or immediate family members of any victims who were minors at the time of the commission of the crimes, to which Kinner is pleading guilty, the agreement stated.
Kinner will have the opportunity to make a statement apologizing to the victims in his own words at sentencing, and the parties stipulated in the plea deal that this statement will not be in violation of any of the no-contact orders.
In January 2019, Kinner was declared dangerously mentally ill by Fourth Judicial District Judge Nancy Baskin and ordered to undergo treatment at the Idaho State Maximum Security Institution.
After Baskin declared Kinner fit for trial in October 2019, his trial was rescheduled for September of this year. Kinner is scheduled to be sentenced June 10. According to his plea agreement, Kinner is requesting that he serve his sentence out of state.