A Denver man who shot and killed his wife is trying to blame marijuana candy for his actions. Richard Kirk, who killed his wife Kristine on April 14, faced a preliminary hearing on Friday. Finding that there was enough evidence for Kirk to stand trial for first-degree murder, Denver District Court Judge Elizabeth Starrs refused to allow bond to be set.
The night of the shooting, Kristine Kirk had phoned 911 after her husband said that he was hallucinating because he had eaten some marijuana candy and taken pain pills. She told the dispatcher that Richard was climbing in and out of windows, ranting about the world ending and asking her to shoot him. She stayed on the line as she tried to talk to Richard and the 911 operator at the same time.
About 12 minutes into the conversation, Kristine yelled at her husband to “stop it!” and “stay away from the gun.” Soon after, she was heard to say, “Fine I’ll do it. Just give me the gun.” Eight seconds later she could be heard screaming. Two seconds later, there was a gunshot and then, silence. The 911 call continued to record and police are heard knocking on the door at 19 minutes.
The officers’ arrival prompted the two eldest Kirk sons to run into the yard. The third, a 7-year-old, was found in his bedroom. The child told the officers that his father had come into his bedroom and told the boy that he had to shoot him so that, “dad and mom could be together with God.”
Detective Troy Bisgard, testifying at the hearing, said that the boy told them, “Dad shot Mom.” Richard was taken into custody without incident, but, hours later, asked if he could call his wife and sons to let them know that the “blood moon” was causing him to have mood swings. He also told arresting officers that he was, “the most powerful person in the Church of Latter-Day Saints” before admitting to shooting his wife.
Defense attorneys are claiming that the marijuana candy made Kirk unaware of his surroundings and unable to understand the consequences of his actions. Prosecutors counter that he was aware enough to get a handgun out of a combination safe. They also point to the fact that Kirk made a lot of noise about the marijuana candy, which he purchased at a nearby cannabis store. He left the dated receipt next to the partially eaten candy and an untouched joint. He was heard to be talking loudly in the background of the 911 call about the marijuana candy he’d eaten. He had also asked a friend about eating marijuana for back pain. Toxicology tests showed that Kirk had no pain killers in his system and only a very small amount of THC. Sure sounds like he was setting up a defense of being incapacitated by the tiny amount of pot he had in his system.
Prosecutors certainly think that the marijuana is being used as an excuse. They pointed out that the couple had hit a “rocky patch” in their marriage, that they had $40,000 in credit card debt and owed the IRS $2,580. In addition, Kristine was covered by a $340,000 insurance policy. All of this was enough to convince Judge Starrs to continue the trial and schedule an arraignment for October 10th.
As a medical marijuana patient, I can speak to the idea of a few nibbles of a marijuana candy making one hallucinate. It doesn’t. I suffer from chronic back pain and a rare condition called Erythromelalgia and take pain killers daily. I often supplement them with marijuana edibles. I can say unequivocally that I have never hallucinated or been compelled to climb in and out of windows, rant about the end of the world or ask anyone to shoot me. I am always aware of my surroundings and the consequences of my actions. But I doubt I’d be able to open a combination safe. Richard Kirk appears to be trying to use the pot edible as an excuse for his behavior. Denver prosecutors can see through his deception as can those who actually do use marijuana edibles. It is hoped that a jury will do the same and convict Kirk of the murder of his wife.
h/t Raw Story