Accused murderer rejects plea deal for life without parole
Accused murderer Brian Kuchinka has rejected a plea agreement offered in the death of Port Allegany woman K-Leigh Hill-Nelson.
On Thursday in McKean County Court, Kuchinka, 28, represented by Public Defender Phil Clabaugh, rejected the deal offered by District Attorney Stephanie Vettenburg-Shaffer — to plead guilty to first-degree murder and abuse of a corpse, with a sentence recommendation of life in prison without the possibility of parole.
The case will be listed for trial, with a status conference set for some time in July.
Shaffer has filed requests to extend the amount of time she has to decide whether to pursue the death penalty in the case. On Friday she explained, “I can’t consider the death penalty unless we have evidence of one of the aggravating factors.”
There are 18 factors set out in the law.
“There’s so much evidence that is still being processed that we have not yet received,” Shaffer said, “so once the police and I receive that, then we would see if that (aggravating factor) exists before we can consider the death penalty.”
Penalties for a conviction of first-degree murder are either the death penalty or life without the possibility of parole.
In addition to murder, Kuchinka is charged with 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 recklessly endangering another person, second-degree misdemeanors. He remains jailed without bail.
According to testimony at the preliminary hearing in the case, Hill-Nelson, 28, had recently broken up with Kuchinka.
She had been reported missing Feb. 21 after failing to show up for work in Smethport.
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 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. The gunshot in the room appeared to have been a self-inflicted head wound. At the hearing, Kuchinka had an obvious injury across his forehead.
Help Our Community
Please help local businesses by taking an online survey to help us navigate through these unprecedented times. None of the responses will be shared or used for any other purpose except to better serve our community. The survey is at: www.pulsepoll.com $1,000 is being awarded. Everyone completing the survey will be able to enter a contest to Win as our way of saying, "Thank You" for your time. Thank You!