Minneapolis firefighter seeks dismissal of homicide charge

His attorney argued that he acted lawfully when he fatally shot another man who had broken into his house.

By CHAO XIONG, Star Tribune

Last update: June 18, 2008 - 11:34 PM

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An attorney for the Minneapolis firefighter charged with fatally shooting his girlfriend's ex-boyfriend recently filed a motion in court to dismiss the charge.

Kyle Huggett, 32, acted lawfully when he fatally shot John Peach after Peach sent him threatening text messages, came over uninvited and broke into Huggett's rural Wisconsin home on Jan. 20, Huggett's attorney, Craig Mastantuono, said Wednesday.

Huggett is charged with second-degree intentional homicide.

Huggett told authorities that he did not see a weapon on Peach, according to the criminal complaint.

Wisconsin law allows the use of deadly force only when one is faced with deadly force, Burnett County District Attorney Ken Kutz has said.

According to the complaint, filed June 9, Huggett didn't warn Peach before he fired two shots into his chest.

The men had "significant disparities" in their physical conditions, the charges said. Peach was receiving Social Security disability payments because of work injuries, and an autopsy showed that he had heart problems. Huggett served in the National Guard and qualified as a marksman.

The complaint also said that Peach had his arms at his sides after he pounded on Huggett's door and broke into the darkened house about 9:50 p.m.

"A person walking down the street at midday with his arms at his sides is different from a person who just broke into a man's home at night after threatening him," Mastantuono said.

The men had been exchanging heated text messages for about a week. Huggett was dating and living with Peach's ex-girlfriend, Amy Kerbel, who has a child with Peach.

The motion filed June 9 cites state statutes and court cases in arguing that Huggett acted lawfully in self-defense because he believed he was in "imminent danger of death or great bodily harm."

"The facts in the complaint show that Mr. Peach was responsible for the most provocative act of the night -- breaking into another man's home," the motion said.

Kerbel and the child she had with Peach were in the rural Danbury, Wis., home during the shooting. At the time, Kerbel was pregnant with Huggett's daughter, now about a month old.

Huggett, who has since parted ways with Kerbel, has been on paid administrative leave since the shooting. Mastantuono said he is living in the home where the shooting occurred.

Chao Xiong • 612-673-4391

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