Kovarbasich making progress

Judge stands by decision not to send teen killer to prison

ELYRIA — Almost two years after he was convicted of voluntary manslaughter for the death of 55-year-old Duane Hurley, 18-year-old Daniel Kovarbasich continues to live at home, working on getting his high school equivalency and staying out of the limelight.

Following his conviction, Lorain County Common Pleas Judge James Burge sentenced the North Ridgeville teen to five years of probation. Despite the sentencing, Kovarbasich spent several months in jail — where he threatened a sheriff’s deputy — while waiting to be placed in a residential treatment facility.

Then the judge placed him on house arrest last May to undergo psychological and educational testing that was to eventually determine a possible placement in treatment facility. Kovarbasich was fitted with a Gps-monitoring bracelet and sent home, temporarily.

The judge wrote if he violates the terms of his house arrest, that constitutes a violation of probation, and he could face a 10-year prison sentence.

In August, Kovarbasich, still on house arrest, violated the terms of his probation by leaving his house from 12:28 a.m. to 12:58 a.m. He returned to jail and during a hearing, the judge sentenced him to 30 days in jail for the transgression, with credit from 37 days served. Kovarbasich went home, sans

GPS monitor but plus a court-ordered curfew, where he remains today, because an adequate residential facility could not be found.

But his attorney Jack Bradley said as long as Kovarbasich continues progressing in the current situation, there would be no need to move him.

Beyond seeing him in court a few weeks ago — “He looked good” — Bradley said he didn’t know details of how or what the teen was doing.

“I think the judge is monitoring the case very closely,” Bradley said.

Burge didn’t meet Kovarbasich until long after the latter’s conviction. At the time, he would have described the teen as “flat” or “stunted.” The difference from then to now, he said, is striking.

“Now I see a personality,” Burge said.

Kovarbasich was dropped off at Hurley’s house, who was a friend of the family, before school on Jan. 22, 2010, so Hurley could take him to school. The teen hit him in the head three times with a pickle jar and then stabbed him 55 times using two knives. He claimed the killing was fueled from years of sexual assaults by Hurley, who expected sex the morning of his death.

Since being released on house release, and then again on curfew, Kovarbasich has gotten his driver’s license and will be finished with his high school education soon. He meets with the judge regularly.

Burge said once Kovarbasich acquires his GED, he would expect the teen to either continue his education or get a good job. And while the judge would prefer further education for the boy, he said he wouldn’t force it upon him.

“I wouldn’t insist on anything except production,” he said.

Burge, who “couldn’t be happier with the result,” said he stands by his original decision to keep the teen out of prison.

“If I had sent him to the penitentiary, he could have evolved into a real criminal,” he said.

The judge hasn’t gotten a phone call about Kovarbasich in months, from either the North Ridgeville police or residents in the neighborhood, though he understands emotions surrounding the case run high.

“I can’t resurrect the victim, but I can do my best to see there are no more victims,” he said.

Lorain County Prosecutor Dennis Will, however, disagrees with the judge’s decision. Prosecutors argued for Kovarbasich to be convicted of murder, which carries a minimum sentence of 15 years in prison. Once the judge found him guilty of voluntary manslaughter, the state fought for the maximum sentence — 10 years in prison.

“I don’t remember any adult that was placed on probation for murder,” Will said, thinking through his years in law enforcement.

Will estimated he has worked directly in about 10 or 20 juvenile criminal cases. All who were con- victed of crimes comparable to Kovarbasich’s were sent to prison.

“I do not see anything that sets this case apart,” he said.

The investigation showed no evidence, beyond Kovarbasich’s testimony, that he was ever sexually abused by Hurley, Will said.

Through his years in law enforcement, he’s heard the judge’s argument for keeping Kovarbasich out of jail countless times, which boils down to the idea that sending young or first-time offenders to prison only breeds better criminals.

“Does that mean we stop punishing people?” he said. “No.”

Will said the argument may or may not be true, as it also depends on the prison environment, but even if it were true, that leaves the question of what, then, should be done with those who break the law.

But the decision was up to the judge, he said. His office is done with Kovarbasich, unless he commits a new crime. And Will said he hopes that doesn’t happen.

Kovarbasich