Judge Denies Motion to Reduce Murder Charge on Constitutional Grounds

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Baltimore City Circuit Court Judge Martin Welch denied George Kuhn’s motion to reduce his first-degree murder charge to manslaughter on March 10.

Kuhn, who was charged in connection to a fatal shooting in 2022, argued that his constitutional and Hicks rights were violated due to inadequate legal counsel. Under the Hicks a rule defendant must come to trial within 180 days of an initial court appearance.

Judge Welch said he found no basis for dismissal.

According to police documents, officers responded to a 911 call made by 45-year-old Kuhn on June 12, 2022. On the call, Kuhn allegedly said he shot and killed his fiancée Kristy Helmert, 36, during an alleged domestic dispute while they drove in her vehicle. Kuhn and Helmert were still in her vehicle when officers arrived.

Kuhn is charged with first-degree murder, firearm use in a felony violent crime, and firearm possession with a felony conviction. He rejected an offer of life suspending all but 60 years with five years probation.

Judge Welch allowed the full recording of Kuhn’s police call to be introduced as evidence in trial.

Kuhn also sought to introduce a brain tumor diagnosis as evidence, claiming the growth caused memory lapses. Judge Welch rejected Kuhn’s motion. However, he granted the prosecution’s motion to eliminate the diagnosis as evidence. The prosecution stated that there were no expert witnesses to explain Kuhn’s mental health issues.

Kuhn was declared mentally incompetent in 2023, however less than a year later, in October, Judge Gale E. Rasin declared him competent.

Judge Welch clarified that he did not object to Kuhn’s representations about his mental health and allowed Kuhn to testify about any injuries he sustained.

Kuhn became emotional and teared up. Helmert’s family heard defense attorney Derrick G Hamlin’s request for tissues and provided them for the defendant.

Counsel also discussed the jury selection process and any questions that would be asked.

Jury selection is underway, marking the start of an anticipated four-day trial.