Kirk Pleads Guilty in Notorious Denver ‘Edibles’ CaseThe Associated Press
February 3, 2017
Richard Kirk, 50, pleaded guilty to second-degree murder in the April 2014 shooting death of Kristine Kirk under a plea deal with prosecutors, who dropped a first-degree murder charge against him.
Kirk faces between 25 to 30 years in prison and five years of parole when he’s sentenced April 7. He had faced the possibility of life in prison under the first-degree murder charge.
District Attorney Beth McCann declined to say what role marijuana may have played in the killing.
Kirk initially pleaded not guilty, but in 2015 he changed his plea to not guilty by reason of insanity. The defense said he was intoxicated with THC, marijuana’s psychoactive ingredient, which led to delirium.
Before she was shot, Kristine Kirk told a 911 dispatcher her husband was hallucinating and was getting a gun after eating cannabis-infused candy.
Authorities said low levels of THC were found in his blood, and a partially eaten piece of marijuana candy was found in the house. According to investigators, the couple had escalating marital and financial problems, and Kristine Kirk had told a friend she was afraid of her husband because they had been fighting so much.
District Attorney Beth McCann declined to say what role marijuana may have played in the killing, but she said the judge would hear testimony about any “mitigation or aggravation” at sentencing. “The family did not want the case to go to trial given the personal and emotional toll family members have already suffered,” she said.
Defense lawyers declined comment.
In a statement Friday, Mark Malone, executive director of the Cannabis Business Alliance, said the trade group “acknowledges this was a horrific violent crime and our deepest sympathies continue to be with the family and friends that were affected by the tragic death of Kristine Kirk.”
“The industry is relieved that after years of investigations and mental evaluations that Richard Kirk accepted responsibility for his actions,” he continued. “CBA encourages public safety and consumer responsibility and is an advocate for proper dosing and consumer education.”
Under the plea deal, Kirk allowed his wife’s parents, Marti and Wayne Kohnke, to adopt the couple’s three children.
Last year, the Kohnkes sued two cannabis businesses that sold candy to Richard Kirk, saying they failed to warn him about its potency and possible side effects.
In response to the Kirk case and the death of a college student who jumped from a hotel balcony after eating a potent marijuana cookie, Colorado lawmakers tightened regulations on edible cannabis products and the state now has stricter potency limits.
Update, Feb. 1, 2017, 2:18 p.m. PST: This story was updated to include a statement from the Cannabis Business Alliance.