By MARCIE SCHELLHAMMER

marcie@bradfordera.com

McKean County’s top prosecutor is exploring the possibility of seeking the death penalty for Brian Kuchinka in the February murder of K-Leigh Hill-Nelson.

Kuchinka, 28, of Port Allegany is charged with homicide; three counts of aggravated assault, first-degree felonies; one count of aggravated assault, a second-degree felony; persons not to possess a firearm, a first-degree misdemeanor; abuse of a corpse, a second-degree misdemeanor; and three counts of reck-lessly endangering another person, second-degree misdemeanors.

District Attorney Stephanie Vettenburg-Shaffer has filed two motions to seek additional time in which to file notice of aggravating circumstances in the case. Such a notice is necessary to inform the defendant and the court that the prosecution believes they can prove beyond a reasonable doubt that at least one of 18 specific circumstances exists to qualify the homicide as punishable by death.

‘The death penalty only applies in very few specific incidences,’ Shaffer said. ‘In this case, the police are still processing all of the evidence. Normally, the DA has to give the defendant notice by his arraignment date, but in this case because the police are still processing the evidence, I filed a motion with the court seeking additional time in which to give that notice if it applies, so the police have time to determine if one of the specific factors apply in Pennsylvania.

‘The specific factors are called aggravating circumstances,’ she continued. ‘The circumstances in Pennsylvania that allow you to seek the death penalty include where a victim was pregnant, a victim was a police officer or another enumerated official, an offender was committing another felony when the murder occurred, the death was committed by means of torture, at the time of the killing the offender was subject to a (protection from abuse order) on the victim, etc.’

The specific aggravating circumstances are spelled out under state law, as are mitigating circumstances that might reduce the sentence.

Those include things like lack of prior criminal convictions, extreme mental or emotional disturbance, impaired capacity to understand the criminality of the act and so on.

Kuchinka, who is represented by Public Defender Phil Clabaugh, remains incarcerated without bail.

According to testimony at the preliminary hearing in the case, Hill-Nelson had recently broken up with Kuchinka. She had been reported missing.

The criminal complaint stated that at 6:43 p.m. Feb. 22, state police were called to assist Port Allegany Borough Police at the Midtown Motel. Police had been Penalty… page A-8

Brian Austin Kuchinka dispatched there originally to follow up on a missing persons tip on Hill-Nelson. They were intending to speak with Kuchinka, her ex-boyfriend, who was known to be staying at the motel in room 41.

When borough police arrived, they said they knocked on the door and heard movement from inside, and then heard a gunshot and could smell gunshot residue coming from within the room.

Troopers arrived and established a perimeter, and one trooper began speaking with Kuchinka by phone. The complaint indicates Kuchinka said he was the only person inside the room, and despite lengthy communication with state police, would not come out of the room. At 10:25 p.m., Kuchinka exited the room and was taken into custody by state police. A .45-caliber pistol was recovered from his back pocket, the complaint stated.

Two troopers entered the room and found Hill-Nelson’s body on the floor under a bed, the complaint stated.

At 2:30 a.m. Feb.

23, state police viewed surveillance footage from the Midtown that showed Kuchinka “remove what appears to be a female body” from his vehicle and go inside room 41. The vehicle was seized and towed to the state police barracks.

At 3 a.m. Feb. 23, state police forensics inspected room 41 at the motel, finding a hole in the ceiling from what appeared to be a bullet.

A spent .45-caliber casing was found behind the door in the room.

Testimony at the preliminary hearing indicated that Hill-Nelson had been shot while inside the vehicle, and had died prior to being carried inside the motel in Port Allegany.