For the sixth time in a little more than a year, a trial date has been set for a Gilberts man accused in the 2010 shooting death of his roommate, according to court records.
Su Won Kil, 47, has pleaded not guilty to two counts of murder alleging he fatally shot 61-year-old Dae Hae Kwak in the head, neck and chest during an August 2010 struggle inside the residence they shared on Evergreen Circle. Kil is free on $350,000 bail. Court documents show Kil’s defense plans to argue the shooting was in self defense after Kwak attacked him with a stun gun later found near his body. The pair had met at an Elgin church.
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“(Kil) was injured in a struggle for survival with the decedent,” Kil’s attorney stated in court papers filed in the early stages of the five-year-old case. Additional court documents indicate Kil called 911 and admitted to the shooting “because the victim kept on tasing him.”
Last week, attorneys in the case argued motions filed by prosecutors seeking to prevent certain information from reaching jurors at trial.
Prosecutors contend Kil’s defense should be prohibited from telling jurors about Kwak’s 2008 arrest for possessing a stun gun during a traffic stop, court records state. Prosecutors also want barred from trial letters submitted by fellow church members who claimed Kil feared Kwak prior to the shooting; information about Kwak’s alleged aliases, change of personality before his death or identifying documents found in his room; and alleged requests Kwak made seeking money from church members, court records show.
The state’s filing also describes a Kil interview with police during which he said Kwak had not threatened him verbally or physically, and that he did not know Kwak had a stun gun.
Judge Judith Brawka indicated she would allow some, but not all of the information to be used at trial. A full description of her ruling has not yet been filed. Kil’s attorney, Patrick Crimmins, declined comment on the case when contacted Tuesday. Kil’s trial is now set to begin April 5. He has a court date scheduled for February.
Dan Campana is a freelance reporter for The Courier-News.