The bizarre case of Duane Hurley and Daniel Kovarbasich
The Judge's Verdict
On Thursday, April 29, 2010, after deliberating over a 90-minute lunch break, Judge Burge declared that he had found Daniel Kovarbasich guilty of voluntary manslaughter and aggravated assault in the slaying of Duane Hurley. He set the sentencing date for Thursday, August 12, 2010. Danny could be sentenced to probation or up to a maximum of 10 years in prison.
Prior to announcing the verdict, Burge said that the state had proven every element of its case against Danny, but added that the defense had also proven there were mitigating circumstances present.
On June 4, 2010, Kinlin filed a sentencing memorandum requesting that the judge sentence Danny to 10 years in prison because Hurley's death was "heinous and gruesome."
"Hurley had no defensive wounds," Kinlin wrote. "He didn't know it was coming. (Defendant) should serve a long prison term to protect society from his anger and unbridled rage. While Mr. Hurley's actions of engaging in sexual acts with (Danny) were despicable, it does not justify (Danny's) brutal actions."
On July 13, 2010, co-defense counsel Michael Stepanik said that he and Jack Bradley want to make certain that Danny receives an appropriate sentence.
"Everyone knows Daniel's story," Stepanik said. "So far, he has been in isolation, which would not be the same situation if he was sent to prison. He would be literally a boy among men. Prison is reserved for people with violent pasts, people who have been in a lot of trouble. That would be an unhealthy environment for Daniel. We understand what the law says—we are going to make sure he is where he needs to be."