by peter e. bortner
Kyle C. Kent did not commit burglary or terroristic threats in a September 2011 incident involving his now-former wife, a Schuylkill County jury ruled on Tuesday.
However, jurors could not decide whether Kent, 32, of Marion Heights, was guilty of seven other crimes, and Judge Cyrus Palmer Dolbin, who presided over the two-day trial, convicted him of two summary charges, criminal mischief and harassment.
Kent did not react to the mixed verdict, which occurred after the jury of six men and six women deliberated about 4 1/2 hours, but his ex-wife and alleged victim, Melissa Kent, angrily left the courtroom following it.
Because the jury did not render any verdict on seven charges - aggravated assault, kidnapping, criminal trespass, stalking, unlawful restraint, simple assault and recklessly endangering another person - prosecutors can retry him on those without violating the constitutional ban on double jeopardy, and such a retrial is likely, according to Assistant District Attorney Rebecca A. Elo.
"It's my intention to try him again. That has to be approved by the district attorney (Karen Noon)," Elo said after the jury rendered its partial verdict.
Elo declined to comment on any other aspect of the case, as did Stephen P. Ellwood, Pottsville, Kyle Kent's lawyer.
State police at Frackville alleged that the defendant entered the house of Ronald T. Krick at 334 E. Mahanoy Ave., Girardville, where Melissa Kent was staying, between 6 p.m. and 11 p.m. Sept. 18, 2011. Kyle Kent punched Melissa Kent, dragged her outside, forced her into a sport-utility vehicle, hit her more, drove her to a dirt road near Aristes, slammed her head off the road several times and forced her back into the SUV, police said.
In his closing argument on Tuesday, Ellwood said there was no physical evidence at the house of Krick, who is now Melissa Kent's boyfriend, of a struggle between the Kents, and that his client was asked to come there.
"Kyle went to that home on the 18th to talk it out with the two of them," said Ellwood, who suggested that the whole incident might have been a set-up of his client.
Elo argued that Kyle Kent's intention was clear.
"He goes to the Krick house and he breaks the door down," she said. "He did not want her to be with Ronald Krick."
Elo also showed the jurors a photograph, taken shortly after the alleged incident, of an injured Melissa Kent.
"That, ladies and gentleman, is what happens when the defendant gets angry," she said. "He lost control."
Dolbin did not immediately set a sentencing date for Kent for the two summary charges.