The judge who sent Rory Kuenzi to prison for killing Kevin McCoy will not step down in the so-called “deer slaughter case.” Waupaca County Judge Phil Kirk presided over Kuenzi’s OWI homicide case and sentenced him to 23 years in prison. Kuenzi’s attorney has asked Hermann to recuse himself from the deer killing case over comments the judge made during the sentencing hearing -including calling Kuenzi “a Neanderthal” and saying he was “beyond redemption.”
Kirk says he was just being honest and honesty does not constitute bias thus he will not step down.
The charges against Kuenzi, his brother Robby, and Nicholas Hermes stem from the killing of five deer by chasing them down with snowmobiles in January 2009. After an appeals court reinstated the charges all three men are in court this month for status conferences.