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Defense Motion For Continuance in Rory Kuenzi Homicide Trial Denied By Trial Court


WAUPACA - Attorney General J.B. Van Hollen announced today Waupaca County Circuit Court Judge Phillip M. Kirk denied defendant Rory Kuenzi's motion to adjourn the jury trial on homicide charges scheduled to begin November 12, 2010. In denying the motion for continuance the court found that the defense had an adequate time to prepare for trial and that the court had an interest in seeing the matter brought to a prompt conclusion. Judge Kirk also denied the defendant's motion to suppress testimony the defendant had earlier given in a sworn deposition in a civil matter brought by the parents of the deceased, Kevin McCoy.


Last December Rory A. Kuenzi was bound over for trial on homicide charges after a preliminary hearing before the Honorable Philip M. Kirk. The criminal complaint charged Kuenzi with Hit and Run Resulting in Death and Homicide by Intoxicated Use of a Motor Vehicle in the October23, 2004, death of Kevin McCoy, whose body was found just north of State Highway 54, in the town of Farmington, Waupaca County, Wisconsin.


Walter Engel who was charged with perjury for allegedly making false statements while under oath was also bound over for trial at the December 2009 joint preliminary hearing.


At the preliminary hearing, a witness (Adam Klotzbuecher) testified that he observed Kuenzi who was intoxicated leave an under age drinking party driving his S‑10 truck south bound on Butts Road. The witness (Klotzbuecher) testified he heard a thump, saw a shoe come up from Kuenzi's truck and that Kuenzi then stopped and got out of his truck. The witness (Klotzbuecher ) testified Kuenzi, with (Klotzbuecher's) the assistance of the witness, carried McCoy's body off the road. Kuenzi then left that location without leaving any information concerning his identity, address, or registration number of his vehicle. Kuenzi did not render any assistance to McCoy. Witnesses at the party indicate Kuenzi was intoxicated when he left the party.


A criminal complaint is a document alleging a violation of the criminal law. The defendant is presumed innocent until and unless proven guilty.


The Honorable Phillip M. Kirk in Waupaca County Circuit Court will decide pretrial motions regarding the admissibility of evidence at trial on October 20, 2010 at 1:30 pm.


Assistant Attorneys General Jeffrey M. Gabrysiak and Dennis R. Krueger represent the state.


A copy of the criminal complaint is available at:


2010 file: