Two months before going to a birthday party where Boise police say he stabbed nine people, 30-year-old Timmy E. Kinner was sentenced by a Utah judge to serve 18 months on probation.
Kinner on April 19 pleaded no contest to a misdemeanor count of theft in 5th District Court in St. George. A court administrator on Monday said Kinner was out of compliance with his sentence in one regard — he owed $25 toward restitution.
Saturday, Boise police say, Kinner stabbed six children and three adults at a birthday party. The 3-year-old birthday girl died Monday, The Associated Press reported.
Utah court records do not list an address for Kinner and refer to him as “transient.” A probable cause statement filed by a St. George police officer says Kinner was staying at Switchpoint, a homeless shelter and resource center.
On April 16, a man working at a business in an industrial lot accused someone staying at Switchpoint and fitting Kinner’s description of stealing his wallet.
Deputy Washington County Attorney Mark Barlow said in an email Monday that the victim was working at a machine and wearing headphones. A man came up behind the victim and startled him.
The stranger claimed to be looking for a job, Barlow said. After he walked away, the victim saw him holding a wallet.
“The victim checked his pocket and found his wallet was missing,” Barlow wrote.
The man said the wallet was worth $50 and had $700 inside it. In the probable cause statement, the officer said he gave the description to Switchpoint staff, who said it sounded like Kinner.
When the officer questioned Kinner, the probable cause statement says, Kinner said he was at the business to ask for a job, but denied taking the wallet. The police statement says the wallet and cash were not found. The officer arrested Kinner and booked him into the Washington County jail on $1,000 bail.
He was charged with Class A misdemeanor theft. Three days after his arrest, Kinner pleaded no contest and was released from jail.
Judge John Walton gave Kinner credit for three days in jail and suspended another 364 days in jail, the docket says. Kinner also was sentenced to 18 months probation, during which he had to abstain from drugs and alcohol and not enter any bars or places where serving alcohol is the primary business. The judge also required Kinner to keep his address updated with the court.
Kinner also is to pay $700 in restitution in $25-a-month installments. The first payment was due June 1.
Ray Wahl, the deputy administrator for Utah State Courts, on Monday said there was no probation officer with whom Kinner had to stay in contact. Court staff typically track whether defendants are making fine or restitution payments and watch for any signs they are out of compliance with their sentence.
“Depending on how serious the compliance issue is, the jail time that was suspended can be implemented,” Wahl said.
In Kinner’s case, he missed the June 1 payment. Wahl said the court’s automated systems generated a letter informing him of the delinquency. Wahl didn’t know where the letter was sent.
Wahl said Walton has the option of issuing a warrant and trying to extradite Kinner from Idaho if the judge believes Kinner is out of compliance with his sentence, though Wahl said that would be unusual for a misdemeanor case.
The Associated Press contributed to this report.
