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Mixed verdict in Kutztown beating death trial

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By Associated Press, Nov. 10, 2008

Last updated: Tuesday, November 11, 2008 9:39 AM EST

READING— Two brothers charged in the beating death of a university student in Pennsylvania Dutch country were convicted Monday of conspiracy to commit third-degree murder but acquitted of third-degree murder.

The Berks County jury also convicted Terry Kline, 23, and his brother Kenneth Kline, 22, both of Allentown, of one count of aggravated assault but acquitted them of a second count in the death of 19-year-old Kutztown University sophomore Kyle Quinn in September 2007.

The verdict came Monday evening after 5½ hours of deliberation. Conspiracy to commit third-degree murder carries a maximum sentence of 20 to 40 years in state prison.

A third man, Timothy Gearhart, 24, previously pleaded guilty to third-degree murder and conspiracy, admitting that he hit Quinn in the head with a wooden table leg during a fight. Gearhart was sentenced in August to 20 to 40 years in prison.

Berks County Assistant District Attorney Jonathan Kurland said Monday in his closing argument that Gearhart and the Kline brothers left a bar looking for someone to beat up, so all three share responsibility for Quinn’s death.

“Kyle Quinn was murdered because of the assault the Klines started,” Kurland said. “The only reason Kyle couldn’t defend himself is because he was engaged by the Klines. They surrounded him.”

Kenneth Kline’s attorney, Eric Dowdle, said Gearhart acted “independently, unilaterally, and spontaneously” and that the brothers can’t be held legally responsible for the fatal blow delivered by Gearhart.

“Emotion tells you to punish Kenny because he was mean to Kyle,” Dowdle said. “The facts, however, require you to find Gearhart and Gearhart alone responsible for the blow that killed Kyle Quinn.”

Terry Kline’s lawyer, Jack McMahon, said his client was drunk and “obnoxious” that night, but likewise can’t be held responsible for the crime.

The Sept. 7, 2007, killing was Kutztown’s first homicide since 1982 and only the third since 1968.