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Will prosecutors seek death penalty for man accused of stabbing toddler? That depends.

Timmy Kinner, 30, appears before 4th District Magistrate Judge Russell Comstock in a video arraignment with a public defender Monday, July 2, 2108 ,at the Ada County Courthouse in Boise. Kinner was arrested Saturday night after allegedly stabbing nine people at a 3-year-old girl's birthday party with her refugee family.
Timmy Kinner, 30, appears before 4th District Magistrate Judge Russell Comstock in a video arraignment with a public defender Monday, July 2, 2108 ,at the Ada County Courthouse in Boise. Kinner was arrested Saturday night after allegedly stabbing nine people at a 3-year-old girl's birthday party with her refugee family.

On April 19, Timmy Kinner Jr. was released after spending three days in the Washington County Jail in Utah.

Two months prior, on Feb. 8, he had walked out of a federal prison in Kentucky after being behind bars for a felony weapon charge that violated his supervised release agreement.

Now, Kinner faces a first-degree murder charge in the slaying of a 3-year-old girl in Boise, as well as eight aggravated battery charges for allegedly stabbing eight other people last Saturday night. The other young victims are 2, 6, 7, 8, and 12 years old. Three adults were also injured.

Kinner also faces a charge of using a deadly weapon in the commission of a crime.

If convicted, Kinner could spend the rest of his life in prison or grapple with the possibility of the death penalty.

The mother of the 3-year-old who was killed has said she hopes to see Kinner sentenced to death. But on Thursday, the Ada County Prosecutor's Office said it has not made any decision on whether to pursue the death penalty.

“The decision of whether to seek the death penalty cannot be made until all of the facts, circumstances and statutory factors are considered and weighed pursuant to Idaho law," the office said in a news release. "A decision regarding the death penalty will be made as soon as law enforcement completes the investigation, we have an opportunity to review all of the evidence and we consult with the victims and their families.”

By the age of 30, Kinner had spent at least five years in and out of jails, state and federal prisons. His criminal record dates back more than a decade.

In February 2008, he was federally indicted in Tennessee for illegal possession of a semi-automatic handgun and distributing 12 grams or more of marijuana, according to court records. In that case, he pleaded guilty to the weapons charge and was sentenced in 2009 to three years and 10 months in prison and 500 hours of drug rehabilitation. After his release from prison, he was ordered to serve three years of supervised release.

In that case, a federal judge revoked his supervised release at least twice because he committed new crimes.

In November 2013, a Tennessee judge sentenced him to three years of probation for aggravated assault. But three months of his probation was revoked, and he served the rest of his sentence in prison. He was released in March 2015.

Once released, Kinner made it less than a year before he landed back in prison. He was sentenced in May 2016 to serve two years in prison for delivery of a controlled substance, possession of marijuana and unlawful possession of a weapon. He was released on determinate probation, staying on probation until August 2017.

He's faced charges including aggravated assault, sexual battery, aggravated robbery and drug dealing, and has faced multiple weapons charges. He also has past misdemeanor arrests on charges such as possession of marijuana, indecent exposure, theft and evading arrest.

The Saturday rampage that Kinner is accused of marked the single largest attack in the Boise Police Department's history, according to Police Chief Bill Bones. Ada County sheriff's dispatchers reportedly handled 10 calls to 911 about the stabbing that night and collectively spent a total of about 6 minutes talking to callers.

Ada County declined to release those 911 calls to the Statesman under a public records request, citing that the incident is still under investigation.

Kinner is being held in the Ada County Jail without bond, and his next court appearance is set for 8:30 a.m. July 16.

Ruth Brown: 208-377-6207, @RuthBrownNews
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