BOISE, Idaho — Note: This story was originally published in the Idaho Press.
Timmy Kinner Jr., who is accused of stabbing nine people at a Boise apartment complex in June 2018, has filed a complaint against Ada County prosecutors, law enforcement, and jail staff alleging an inappropriate cell search.
Kinner, who is awaiting trial at the Ada County Jail, is accused of stabbing six children and three adults who were celebrating a birthday on June 30, 2018. All were refugees who fled violent conflict in Ethiopia, Iraq and Syria. One of the victims, Ruya Kadir, 3, died of her injuries.
In a handwritten complaint filed Friday, Kinner alleged harassment and violation of his equal protection rights under the Fourth Amendment due to what he said were repeated searches of his cell.
The case has been filed conditionally, as Kinner is incarcerated, and is pending a judge’s order on whether it will move forward.
In the complaint, Kinner alleged that a sheriff’s deputy entered his cell, took pictures that belonged to Kinner and threw them out. Kinner wrote that later in the day, another search resulted in approximately five of his books being taken away.
Kinner also indicated he was strip-searched twice and was subject to three cell searches. He alleged the strip search involved a cavity search.
The Ada County Sheriff’s Office had not responded to a request for comment as of Tuesday afternoon, and the Ada County Prosecutor’s Office declined to comment. County offices typically do not comment on pending legal matters.
Kinner has requested an attorney due to “mental limitations caused by internal and external problems such as restlessness, anxiety, depression, lack of focus” and said he was “not legally competent to understand the required processes.”
In prior proceedings, concerns over Kinner’s mental health were raised by his defense attorneys. He was declared competent to stand trial in October 2019 by 4th District Court Judge Nancy Baskin, who several months prior had declared Kinner dangerously mentally ill and ordered him to undergo treatment at the Idaho State Maximum Security Institution.
Kinner previously filed two petitions for a writ of habeas corpus, one in 2020 and another in 2021, both of which were dismissed by Ada County Magistrate Judge Ransom Bailey. Kinner also filed a petition to change his name to “Eternal Love,” which records show was dismissed.
While incarcerated in Tennessee on a federal charge of unlawful possession of a firearm, for which Kinner accepted a plea agreement and was sentenced to 46 months in prison, he filed four complaints against the the state, listing various law enforcement officers and public officials.
Kinner is charged with first-degree murder, eight counts of aggravated battery, two counts of aggravated assault, burglary, and an enhancement for use of a deadly weapon. His trial is scheduled for Sept. 17.
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