BOISE — Ada County prosecutors got a judge to postpone the competency hearing for a man accused of stabbing nine people — including a 3-year-old who later died — after saying in court Thursday that they will challenge a psychiatrist’s finding that Timmy Earl Kinner Jr. is unfit to stand trial.
Prosecutors said during a hearing at the Ada County Courthouse that they have an expert they want to review the 300-400 pages of findings by a court-appointed psychologist and psychiatrist in Kinner’s case.
Defense attorney David Smethers objected to any delay, saying the state should have been prepared for either finding: competent or incompetent. He said the psychiatrist found Kinner incompetent to stand trial.
Kinner’s competency hearing had been scheduled for Dec. 13. Judge Nancy Baskin ordered the hearing closed to the public, other than stabbing victims, victim-witness coordinators and a police investigator.
Baskin said Thursday that she would grant a short continuance, with the hearing taking place either Dec. 27 or Jan. 3. Court then went into recess so the details could be ironed out.
Prosecutors had filed a motion Nov. 30 to move the competency hearing to a later date. That motion was sealed, and so was a motion by the defense objecting to the date change. The defense also filed a motion that it does not object to the psychiatrist’s findings, while the prosecutors filed a motion of intent to contest those findings. Those were also sealed.
The psychiatrist’s report is sealed as well.
Kinner is charged with first-degree murder in the death of Ruya Kadir. He’s facing numerous other charges, including eight counts of aggravated assault.
Two weeks ago, Kinner’s attorneys asked Baskin to move the high-profile death penalty case from January 2019 to January 2020. It is now set to begin on Jan. 13, 2020.
Police investigators said Kinner went on a violent rampage at the Wylie Street Station Apartments on June 30 because he was kicked out by a woman who invited him to stay there as a guest.
The nine mass stabbing victims included six children, including 3-year-old Ruya, who was celebrating her birthday. She died two days after the stabbing. All of the victims were refugees from Syria, Iraq and Ethiopia.