Recordpub.com - $1 million bond for KSU murder: Suspect pleads not guilty to charges in beating death of Kernich

By Dave O’Brien

Record-Courier staff writer

One of two men accused of beating a Kent State University student, who later died, pleaded not guilty Monday and was jailed on a $1 million cash bond on two counts of murder.

Adrian A. Barker, 21, appeared briefly for the arraignment in Portage County Common Pleas Court in Ravenna. He is accused — along with Ronald G. Kelly, 20 — in the beating and subsequent death of Christopher Kernich, a KSU business student.

Kernich, 23, was severely beaten on a downtown Kent street Nov. 15 and died Nov. 21 at Akron City Hospital.

Portage County Prosecutor Victor Vigluicci personally appeared at Barker’s arraignment and requested a $2 million cash bond.

Defense attorney Scott M. Lear countered Vigluicci’s request by saying that Barker has “strong family ties, a very supportive family” in Northeastern Ohio and is a lifetime Ohio resident who is not a risk to flee.

Judge John Enlow split the difference and ordered the $1 million bond. A trial on the charges was set for Feb. 1, 2009 in Enlow’s courtroom.

Kernich’s family, from Fairborn near Dayton, was not in court Monday.

Barker, who had been jailed on a $250,000 cash bond, also is charged with one count each of felonious assault, a second-degree felony, in the beating and obstructing official business, a fifth-degree felony, for allegedly lying to police the night of the incident.

Vigluicci also told Enlow he does not intend to dismiss the felonious assault charge.

Barker and Kelly were enrolled at the University of Akron at the time of the alleged beating. Their current enrollment status could not be determined.

Kelly’s arraignment on the murder charges has been rescheduled to 1 p.m. Dec. 14 in Enlow’s courtroom, according to online court records.

14.	Posted by tellnitlikeitis December 8, 2009
	hey i laff at everyone.... Explain to me how Chris seriously provoked these men into being under the influence of sudden passion or in a sudden fit of rage? And remember it has to be brought on by "serious provocation" by the victim. So if they came home and found Chris sleeping with their wife, and then killed, then it would fit. Almost hitting someone with a motor vehicle and then getting out and savagely beating and killing someone all of which was unprovoked doesn't fit. Sorry 2903.02 Murder. (A) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy. (B) No person shall cause the death of another as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second degree and that is not a violation of section 2903.03 or 2903.04 of the Revised Code. (C) Division (B) of this section does not apply to an offense that becomes a felony of the first or second degree only if the offender previously has been convicted of that offense or another specified offense. (D) Whoever violates this section is guilty of murder, and shall be punished as provided in section 2929.02 of the Revised Code. Pay special attention to section B there for me. Key points to note.... 1. caused the death of another 2. while committing a felony (i.e. felonious assault) Well there you have it, we have both of those So that's where the murder charge comes from, so it's not a "stretch" as you call it and certainly not hard to prove.

13.	Posted by moroniohio1 December 8, 2009
	This first of all shows how useless and pointless hate crime legislation is. What difference does it make it they did it because he was white or because he just ticked them off somehow? It really doesn't matter WHY they did it; the fact is they did it and should be punished accordingly. Hate crime legislation has so far proven to be fairly worthless in preventing hate based crimes, plus it decides certain kinds of hate are worse than others. Whether they intended to kill him or not is also irrelevant to me. In the end, what they did to him -- and nothing else -- caused his death. And for what reasons? In other words, this is murder. I don't know what they expected to happen to the victim after beating him into a bloody unconscious state. As for the tennis and wrestling team comments, that is likely referring to the defendants' high school days or intramural teams as the University of Akron does not field intercollegiate men's tennis or wrestling teams.

12.	Posted by I_laff_at_everyone December 8, 2009
	2903.03 Voluntary manslaughter. (A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly cause the death of another or the unlawful termination of another's pregnancy. (B) Whoever violates this section is guilty of voluntary manslaughter, a felony of the first degree. No I may not be saying that if it was one of my family members who was killed. I may even want the death penalty. The relity of it is that a case has to meet certain thresholds to get the death penalty. The necessary elements of a crime must be proven. Voluntary Manslaughter is easily proven here. I will say that Murder could probably be proven, key word is probably. Why waste the taxpayer dollars of a lengthy trial to sentence these idiots to an extra 5 years. Voluntary Manslaughter would be accepted by any attorney in a heartbeat and you can serve 10 years for that. Sometimes the best interest of justice does not jive in the "court of public opinion". Public opinion fortunately does not run the courtroom.

9.	Posted by strwberryblnd67 December 8, 2009
	To I Laff, Would you be saying this if it was one of your loved ones (I highly doubt the intention was to kill. Do not waste taxpayer money trying to prove a MURDER case. Plead this to what it is- Voluntary Manslaughter with some prison time.) They kicked this poor kid to DEATH that is murder I say enough is enough the should be charged and put to death end of story!!! Eye for an eye and tooth for a tooth....... It's a shame that we as a society except such brutal actions and then say well they didn't mean to kill him !!!! WELL THEY DID and they need to be punished with more than SOME prison time......

8.	Posted by gflash68 December 8, 2009
	In the interest of keeping the good sport of tennis in its proper place, I doubt that this vermin was on the tennis team. I have it on good authority that the University of Akron does not have an intercollegiate men's tennis team. They do however, have a fine womens' tennis team. The last that I checked, vermin of the male gender are not allowed to be a part of a womens' tennis team. Tennis players are usually sports people of good character with a strong inclination to fairness. This is not a tennis player and someone trying to make this vermin look as if he has some human qualities by associating him with a non existent Akron tennis team should cease.

6.	Posted by theman35 December 8, 2009
	Okay why the lowball bail why not reminded with no bail. How can you put a price on someones life all murders not just these two idiots but all indicted for murder should automatically be held without bail pending outcome of the trial. no wonder why no one has faith in the justice systmen anymore. other countrys hold there murders in jail until the trial is complete why not here in the u.s. no i dont want to hear innocent until proven guilty crap because if your accused of such a viloent crime you should be held until the trial is over period.