CNN TV
SCHEDULE ANCHORS & REPORTERS CONTACT US HLN


August 12, 2010

Daniel Kovarbasich sentenced to 5 years probation

Posted: 03:43 PM ET

 

North Ridgeville, OH-  Judge James Burge sentenced 16-year-old Daniel Kovarbasich to 5 years of community control sanctions, a non-prison probationary prison term. Kovarbasich will remain in custody until he is entered into an agreed upon program of rehabilitation. 

After a bench trial, Judge Burge found Kovarbasich guilty of voluntary manslaughter on April 29, 2010.  Kovarbasich brutally stabbed  family friend, Duane Hurley, 55 times after striking him in the head with a pickle jar.  He says he did it because Duane demanded sex from him in exchange for gifts and favors.

-Elizabeth Chmurak, In Session Associate Producer

Filed under: Sentencing • Trials


Share this on:
DENISE WITKOWSKI   August 12th, 2010 3:50 pm ET

I would like to say that Mr Kovarbasich had no right to take the life of his victim, but as with most sex abuse cases there are two victims here. The fact that one was a child is what determines the TRUE victim. I think we would have seen a better outcome if this wasnt a child who had to finally defend himself when he had enough of these sex taunts. I think we have two broken families who need many years of counceling.


Keana   August 12th, 2010 3:50 pm ET

That is the sentence he deserves for killing a man that has and will cause him years of pain.


Allen   August 12th, 2010 3:51 pm ET

I think the judge hit the nail on the head "ONLY" because as he said, He, the judge, knew the victim (Duane) personally. Without that knowledge and insight, this decision may have been wrong since the victim did not confine the young man for years as we have seen in other cases around the country while he did to him whatever he wanted. I also agree with the defense attorney when it comes to the age or consent not meaning anything when the man acted as a parental figure.

I hope this judge uses the same wisdom in accepting a good rehab program that has some grit to it to make this young man understand it is still not acceptable to kill someone when you can walk away and contact the authorities.


Stacy   August 12th, 2010 3:52 pm ET

I think the sentence was very fair and I hope this young man can get the help he needs to live out the rest of his life in healthy normal way. He was the victim of a sexual abuser and I feel very glad that justice recognized that fact and took it into consideration. I hope the family of Duane can see what their father really was and forgive this young man.


sullivan   August 12th, 2010 3:53 pm ET

Judge burge captured the reality of both Daniel and Duane, Duane was a sick and sad manl Daniel a child trapped in guilt, anger & padin. No one wins and all lose. The decision couldn't have been more just.


Courtney-Manchester,CT   August 12th, 2010 3:55 pm ET

YES!!!!! I'm so happy they didn't lock this kid up!


Dale W Whitney   August 12th, 2010 3:55 pm ET

I feel this was a fair sentence and I wish Daniel the best of luck with the rest of his life. Duane Hurley was a sick individual and I guess he finally picked the wrong person


kim ziemski   August 12th, 2010 3:56 pm ET

I'm glad he got probation, this child has gone through enough pain, he will have a life sentance of re living the ordeal that hurley put him through. Isnt that enough?


suze   August 12th, 2010 3:57 pm ET

I agree with the judge's decision to give this young man a five year probabtion period rather then sending him to jail for up to 10 years. Hopefully Daniel will get all the help he needs.


Patricia   August 12th, 2010 3:58 pm ET

Congrats to the judge! He did the right thing. My faith has been restored in the judicial system


Karen Boutard   August 12th, 2010 3:58 pm ET

I believe this is a just sentence. Children are becaming vic tims of sick people.


Marilyn   August 12th, 2010 3:58 pm ET

Burge gave Dan a just and fair sentence. I liked the way the judge reputed the victim impact statement. Duane's family made him sound like a saint. Obviously they did not know him very well. And why was Dan and his family helping Duane out? Where was his family?


Deborah   August 12th, 2010 3:59 pm ET

the only thing that would of happened if this poor kid had gone to prison would of been further rape and exposure to way more sexual predators. when he got out he would of perpetuated the same behavior upon younger victims like himself and would of become possibly a pedophile and a registered sex offender. The judge for his age showed amazing insight into this type of lifestyle and the smartest move by the defense was to ask for a bench trial. I always say if I commit a murder I want a verdict by a judge not 13 idiots chosen by voter lists.


Amanda   August 12th, 2010 4:00 pm ET

This poor boy suffered years of mental, sexual, and emotional abuse. I'm glad he did not get a prison term but he should have to attend a psychological treatment program for sexual abuse. The lawyers in this case were by far my favorite of any cases I've seen on In Session


judie   August 12th, 2010 4:01 pm ET

Thank God the judge used good judgement in the sentencing, I believe Daniel got into a bad situation and didn't know how to eradicate himself from


Charnessa   August 12th, 2010 4:02 pm ET

This is fair the guy took advantage of tiis kid the judge made a good ruling.


VoiceofReason   August 12th, 2010 4:03 pm ET

Wow,I am appalled. Five years probation for brutally murdering a man?


Rick   August 12th, 2010 4:03 pm ET

Judge Burge's sentence for Daniel Kovarbasich is a travesty of justice. Everything the prosecutor said during the sentencing was spot on, but the judge seems to have let all of those persuading arguments for a prison term fall on deaf ears. Kovarbasich is literally getting away with murder. He should have been sentenced to prison and also given all the psychological help he needs so badly - not so much for his sake as for the sake of society. Mark my words: Kovarbasich is a sociopath who will kill again at some point in his twisted life. He preyed on Duane Hurley as much as Hurley preyed on him. Good luck, Ohio, if this young monster is released back into the community.


Melinda East   August 12th, 2010 4:03 pm ET

This trial seem really fishy from the start. I just wonder did the defense choose a bench trial because they knew this judge was going to go their way. The judge just seem to be on Daniel's side from the getgo. I mean this kid got away with cold blooded murder. What Duane did was wrong absolutely but he did not put a gun to Daniel's head and forced him. Daniel kept coming back on his own and he could have walked away on his own. This kid will learn nothing from this slap on the wrist sentence the judge have given him.

Lesson learn: if you molest, you will die and no one will pay for it.


TCGROAT   August 12th, 2010 4:04 pm ET

I am so excited for him. I watched he trial and did not think he needed to go to prison. I know his family is pleased !!


Tricia   August 12th, 2010 4:06 pm ET

I feel Daniel was not a victim of sexual abuse. He was doing what he felt he had to do to get what he wanted, and soon and he wanted something that the victim was not willing to give he therefore got upset and killed him. Hence him not being able to sleep the night before. Stabbing him so many times yes was over kill but can be looked at as him feeling like he did all those things (acts) for nothing.


Greg   August 12th, 2010 4:06 pm ET

Good! Daniel may be 16, but is still a young person and can turn his life around. Duane brought this upon himself.

Murder is wrong, but Daniel's actions brought his situation to life and hopefully he will get help, learn to deal with the abuse visited upon him by Duane, and turn his life around.

I wish him the best.


crissy havard   August 12th, 2010 4:06 pm ET

I was a speaker today actually the first one & he got what I thought he should of gotten Im happy with this sentence he wil go to a facility for 5 yrs & hopefully get the therapy & counseling he needs I believe the sentence was fair he was abused for 3 yrs & he was tired of it he may of been wrong for killing him but I believe justice was served in my opinion...if this boy would of went to prison (adult) he probly would of been molested in there so Im happy!


Helen   August 12th, 2010 4:07 pm ET

I think Judge Burge did the right thing. I do not applaud what Daniel did but I think he needs help. No matter how you look at it he is still a child. I hope and pray that Daniel takes advantage of this great oportunity that the Judge gave him and does something positive with his life. I think that he should go to school as part of his rehab program. It is a sad case not matter what.


CoL   August 12th, 2010 4:07 pm ET

5 years for taking this mans life....WOW...I do not agree with this sentencing, Daniel should be serving some jail time.I believe Daniel was prostituting himself, I think he knew exactly what he was doing. Nobody will probably ever know the true reason why he killed Duane Hurley.


JOA   August 12th, 2010 4:08 pm ET

WOW!! I was so happy to hear that Daniel was only sentenced to probation. I do not think that jail in anyway, shape or form was the right sentence for him. He needs major counseling and rehibilitation, from this cruel act done to him over time . He was simply pushed over the edge, to commit that horrific crime. I sure feel for the Hurley family, but they need to accept what Duane T Hurley did to this boy, and I'm quite sure he did it to many others. Including that "Financial Advisor" of his. He has shame and jealousy written all over him. Best od luck to all that is involved.


Eric   August 12th, 2010 4:09 pm ET

I'm surprised by the sentence. I thought the family said there was no pornography on the computer until after Kovarbasich came into the picture. Based on that I figured the sick kill-joy Kovarbasich would be convicted of murder. Then, considering his age, okay, voluntary manslaughter, that would do, but, hey... the max, not this slap on the wrist.

So, discounting what I must have misconstrued, I'd like to know the reasoing behind a 5 year probation for murder. No message to today's already over the top youth (you know Columbine, etc.)?


Kim   August 12th, 2010 4:09 pm ET

Justice served


Eric   August 12th, 2010 4:11 pm ET

Oh, and talk about disparaging differences in treatment/sentences: The dad who killed his 6 year old son for raping his 3 year old sister got 60+ years. And Kovarbaich gets only 5 years probation? What? Does the judge really believe a 14 year old (at the time) is too stupid not to know that murder is still illegal?


Natasha   August 12th, 2010 4:11 pm ET

YAY!!! Congrats! He has been through enough !


drmaryb   August 12th, 2010 4:12 pm ET

Judge Burge,
Personally knew the man: Duane Hurley (small township there) ruled admirably in favor of the defendant Daniel K. The pedophile caused his own death.
He should have turned himself in before he was stopped by the kid – victim. (IMHO)


Michael Feltes   August 12th, 2010 4:14 pm ET

I hope the best for this young man. He has a second chance in life. I totally agree with the court on this case. =) Mike


Paul   August 12th, 2010 4:15 pm ET

This is the worst judicial decision since Cody Posey. These young men will kill again.


Diane   August 12th, 2010 4:18 pm ET

Judge Burge had some very empathizing comments about the murder victim in this case. I just wonder if his sentiments would still be the same if it was Duane Hurley sitting before him on a pedophile charge, or if Duane had treated His son the same way he did young Daniel Kovarbasich.


Marsha Maryniak   August 12th, 2010 4:20 pm ET

The judge got it 100% correct. I applaud his verdict despite the victim impact statement. The victim was Daniel. Who knows how many other young boys would be abused by Duane if Daniel didn't have enough.


MappyNYCYonkers   August 12th, 2010 4:20 pm ET

Whoa, no time in jail at all? I thought he would at least get 12 – 36 months at least of some prison time.

What is this kid gonna learn from this? That he can get away with murder.

I pray that this judge made the right decision but only time will tell if he reoffends or not.


karen   August 12th, 2010 4:20 pm ET

I feel so sorry for this kid. I am glad the judge gave him probation with rehab. I just don't know why the parents didn't wonder what was going on all that time. No kid should be "friends" with adults. The parents are poor so its ok for their kid to take gifts from this man??? Hope he hasn't learned he can have friends for favors. Still happy he is not going to jail. The "victims" family should be ashamed their relative was a peodofile.


carol81054   August 12th, 2010 4:22 pm ET

I knew that would happen....I believe this child was molested by this older man, his family should have known something was going on....this child felt he had nobody to go to for help...did he know his parents looked to see if this man was a registered offender? or did the parents keep it quiet as to not throw out an accussation? I feel sorry for this gentlemans family to find out this is what their family member was accussed of and believed to be....there is never a happy ending for anyone in such a situation...now Daniel, take this opportunity and do something good with it...dont keep using this as an excuse for what you do wrong....you really need to consider becoming a sexual abuse counselor....dont take this for granted...the judge is giving you a chance to make good with your life...step up to that challenge and do what is right!!


Northern Pike   August 12th, 2010 4:23 pm ET

Probation no jail time!! This is a great victory in the war against child molesters. Its sad dan had to sit in jail for the last few months. For nothing more than being a victim of a sick perverted piece of shi7. God bless the judge for seeing what kind of torment Duane Hurley put this kid through. This should be a lesson to all the other Duane Hurleys out there, if you molest kids the penalty can and will be very severe. Its unfortunate the North Ridgeville police dept dropped the ball on the investigation. Had you done your job the day hurley was found, Dan would have made bond. Next time something like this happens look into the guys computer day one, not a few months later. Daniels family should look into getting all of hurleys assets and also look into filing a lawsuit against the North Ridgeville police, for there ignorance.


Roderick O'Hara   August 12th, 2010 4:23 pm ET

It looks like Danial got away with Murder. We are supposed to believe his side of the story, but I think his attorneys' made up the story of abuse to win the case. It seems to me that any lie is acceptable as long as you win the verdict. Many of us have had our penis touched and fondled, but we never resorted to murder. One has to put it down to a good or bad experience and get on with life.

I no longer trust the judge. I think he has been hoodwinked by Danial's attorneys. I trust everything that the state put forward in the trial. Bad outcome, bad judge.


Jeff   August 12th, 2010 4:24 pm ET

Wow I guess murder is legal in the state of Ohio. This kid manipulated everybody, including the judge.


connie jones   August 12th, 2010 4:26 pm ET

I feel Daniel Kovarbasich should not have been charge. And should
be release to family with help from psychiatry.


Megan   August 12th, 2010 4:27 pm ET

Yes yes yes yes !!! im very happy for this kid because duane hurley deserved what happened..he only gets 5 years probation thank you judge and jack bradley!!!!


Randa   August 12th, 2010 4:30 pm ET

This young man was manipulated, sexually abused, and black mailed by the victim. The teen will never get over these unfortunate events. Hopefully, the five years probation handed down by the judge will insure time for the patient to get the psychological treatment he will need to heal, and not be seen as a punishment for having been sexually abused.


Amanda Rix   August 12th, 2010 4:36 pm ET

YES!!! finally that boy is free and the victims family can no longer deny he was a sexual predator. This is JUSTICE!


Don E   August 12th, 2010 4:37 pm ET

I am pleased with the sentence. Prison time would not have been of any help to Daniel. He needs therapy–not time spent with hard nosed criminals.

Don


Wallace D. Johnson, Jr   August 12th, 2010 4:37 pm ET

I totally agree with the Judges decision and sentencing. Whatever the case of true guilt or innocence, and I believe Danny, he will need years of therapy. The therapy will help protect him from himself as periodic guilt comes upon him and help protect Society from him becoming a preditor himself.

Good job Judge., My sympathies to Hurley's family and friends., but I know what happens in these situations. It happened to me. I am 68yrs old and just got to where I can talk about it openly in the last 2yrs.


Carol   August 12th, 2010 4:40 pm ET

I just hope he gets the help he needs right away and he keeps his nose clean.

He killed a man and that can't be lessened but this man was killing him in degrees I know I have been there and I know exactly what he was talking about the look but he also had a choice not to go to his home and I didn't because he was my brother-in-law and he was always around and he told me that if I spoke about what he was doing to me he would kill my family starting with my mother and let me watch.

He got his life back and he had better do good things with it and that is a fact.


Northern Pike   August 12th, 2010 4:41 pm ET

No jail time!! this is a great victory in the war against child molesters. God bless the judge for seeing what kind of torment this kid was put through at the hands of Hurley. Its sad Daniel had to sit in jail for the past few months for nothing more than being a victim of abuse.


joann of capitol heights maryland   August 12th, 2010 4:42 pm ET

i've been watching this trial from the beginning and i can relate to this boys horror,because i too was a victim in my own home of this same type of abuse,I was sexually abused by my brother in law and was told if i tell there would be repercautions!!!!! so i feel his pain and iam glad the judge seen through this mess. i'am sorry for the loss of his life but Daniel had a teenage life to which he took from him.i hope he get's all the counseling he needs because it's going to be a long journey.GOOD LUCK DANIEL and keep your head up high because you did nothing wrong.


Cathy   August 12th, 2010 4:48 pm ET

Praise His holy name that God answers prayers. I have been praying for Daniel and his family and God with the help of the judge has given him another chance: Daniel get the help you need and pay it forward.


Phyllis Rasmussen   August 12th, 2010 4:53 pm ET

Yea! Thank you God!....The verdick in Daniel Kovarbasich's trial is true justice. Justice with aq capital J...JUSTICE!!!!!


Kate   August 12th, 2010 4:56 pm ET

I am so glad to hear that some people in this world are still humane. This boy is not a criminal, the way I see it, under any circumstance. I am glad the judge saw it that way too. Daniel will still have a chance at living a normal life. Good for him.


Miranda Conway   August 12th, 2010 5:01 pm ET

I believe this was the right choice as a punishment for what he did. I hope he gets the therapy that he needs to help him with this horrible ordeal that he has been through.


Lee Fairfax   August 12th, 2010 5:02 pm ET

I believe the kid's story...I think. He should have left it at the pickle jar. The knife was really beyond the pale so i would have bet on a coupleof years to serve. Maybe, because of his friendship with the victim the judge went really light to show he wasn't on one side. I'm not angry at the 5 years probation... It will give the kid a chance for a life. I don't think he's likely to murder again but I hope he gets real help.


wendy   August 12th, 2010 5:04 pm ET

Wow, okay. It is good he will be getting help. But maybe he should have served some time,


Gloria Adams   August 12th, 2010 5:08 pm ET

The sentencemeted out by the judge is a Just and Wise one. Young ovarbasich has been handed a life sentemnce of a severe form by Duane Hurley; Daniel must now try to "live down" the sexual abuse inflicted upon him by Duane Hurley. I wish him the best of luck.


Catherine   August 12th, 2010 5:15 pm ET

This was the right sentence that poor boy never had a chance sex predators are cunning.I pray he gets his life on the right track.


Carol   August 12th, 2010 5:16 pm ET

YEAH!!! I am so very grateful that the awareness of the Judge allowed for justice to be given to a young man!

How awful to listen to the family member of the 'pickle jar' victim ramble on at the dignity of the pedophile who destroyed this boys life and his family. How ignorant for this somewhat literal woman to go on and on as if this man had not monstrously destroyed this boy while subvverting his demonic small eyes away from the camera.

Enough of my anger. I am so sad this family lost their loved one and has to realize (or not) that the man they knew was only a part of him. He was all the things to them that they knew and saw and nothing of what he lived or destroyed. I pray for their ugly feelings toward the real victim to change from ignorant denial into passionate care and forgiveness for the pain and destruction he brought to so many. God help them to know the pain of so many. They need to know the truth and not only what they wish were true,


Nan   August 12th, 2010 5:17 pm ET

Probation is probably the correct punishment but ten years would be much better bringing the "child" to 26 years old and a little more stable, hopefully.


Chadwick Carter   August 12th, 2010 5:19 pm ET

5 years probation is not enough for taking a life, no if's, and's, or but's. It disgusts me what Mr. Hurley did, He is every reason why people think gays shouldn't adopt. Not all of us are sick predators and most of us are right with god. Don't persacute us all for one persons actions. As for Mr.Kovarbasich, instead of walking away from something he knew wasn't right IN THE FIRST MONTH ESPECIALLY, he endured it willingly for a year taking money and using a car, in which in the gay world makes him a hustler. How many times anal and how many times oral? Gay for pay is what its called. He should take a bow, he got away with felony murder, maybe not in the courts eyes but in societies eyes


Angela   August 12th, 2010 5:20 pm ET

I agree so much with this 5 year probation sentence. He will have to live the rest of his life dealing with what this man did to him.


margaret Watson   August 12th, 2010 5:22 pm ET

What a travesty. You can stab and slash another down to the bone and get a slap on the wrist. What a slap in the face to the deceased's family.


re   August 12th, 2010 5:30 pm ET

this just shows a social breakdown in our society. this stuff is happening every where in our country. sad for both families


SarahB1   August 12th, 2010 5:31 pm ET

Thank goodness.


shelby king   August 12th, 2010 5:34 pm ET

I am so glad that the judge saw what that man was doing to that boy. I hope that daniel can get all the help he will need. When it happened to me. Know believed me.


debbie   August 12th, 2010 5:37 pm ET

This judge and the defense team restore my faith in the justice system. I only hope he can find loving family and friends to help him heal, so that he can contribute to society in a positive way. If only every judge had half the empathy and wisdom Judge James Burge has.


Chris   August 12th, 2010 5:38 pm ET

Daniel should not serve any time or be on probation. The court needs to offer psychiatric care for this poor young man who was ripped of his youth. Daniel had to do what he had to do. I'm glad that sicko is dead. He does not deserve to walk on this earth. The system is too lenient on sexual abuse and animal cruelty. If DCF actually did there job we would have less cases of sexual abuse but instead we have more becuase they don't remove the problem. Remember... victims usually turn into abusers if not professionally helped.


Gloria Adams   August 12th, 2010 5:40 pm ET

The sentence meted out by the judge is a Just and Wise one. Young ovarbasich has been handed a life sentemnce of a severe form by Duane Hurley; Daniel must now try to "live down" the sexual abuse inflicted upon him by Duane Hurley. I wish him the best of luck.


Michele Wison   August 12th, 2010 5:42 pm ET

I completely agree with the judges' decision, I think this young boy needs a lot of help, to try to get past all that he has been through. I'm glad to see justice served!!


Gina   August 12th, 2010 5:43 pm ET

Awesome! I was so hoping Daniel would not get jail time and have to indure further sexual abuse. For the people who do not believe Daniel was sexually abused; Did you see his testimony? It took everything in him to admit what happened to him. Which is exactly how someone at the age of 16 who was sexually abused at 14-15 would respond. For those who think he was lying; you were never sexually abused were you?
Gina


Rhonda   August 12th, 2010 5:56 pm ET

This is the right outcome as long as he's monitored and continues court mandated therapy for many years. This is "JUSTICE"!!!!!!!!!!!!!!!!!!!!!!


martha high   August 12th, 2010 6:01 pm ET

judge burge
listened and retained what was said
He when by the law showed Daniel
mercy I agree with the judge hope Daniel will
become a fine young man and man;


ashley   August 12th, 2010 6:02 pm ET

This is crazy! He could have stopped this 'sexual abuse' anytime he wanted but he didn't because he liked the gifts and money. No prison time for taking the life of another is absurd.


rachel norman   August 12th, 2010 6:02 pm ET

this young man i belive was put .under exstrem stress .from what this man did to him .and i think that he had a resssone to do what he did .he no young man should be touched from eneone like that .what do you think a young boy should do let it go on . i say no .i say justice was served


darlene moore-bee   August 12th, 2010 6:02 pm ET

this sentence was so just thanks again for courts and judges


Devin Steiner   August 12th, 2010 6:02 pm ET

I have to say Im surprized, he truely got a slap on the wrist, although he was violated sexually he was not raped and in my opinion the degree of brutality the murder itself was deserved some sort of jail sentence along with extensive couseling.


Linda Yates   August 12th, 2010 6:03 pm ET

Lets just give the kid a slap on the wrist! I don't care if he was abused, he killed a man. He should of got some time !!!!!


Annie D   August 12th, 2010 6:13 pm ET

There is justice in the world. This pleases my heart to no end. Speaking from experience, I am thankful that Daniel Kovarbasich had all he could take and took matters into his own hands. Justice now days would have only given Hurley a smack on the hands and he would be out doing this to another innocent victim. Proud to be an American when this go the way they should. Thank you Judge Burge for seeing the whole picture in this case.

A greatful watcher from West Virginia.


Julie   August 12th, 2010 6:14 pm ET

Ridiculous! Nobody held a gun to his head and forced him to go over there–knowing full well what that man wanted.


Ernie3   August 12th, 2010 6:16 pm ET

What Duane Hurley did was 100% wrong. He is dead so he got his punishment. It's a shame that he could not tell his side of the story. Daniel was 100% wrong also. He could have walked away at any time and told someone about this but chose to take care of it himself. No one made him do those things. He did those things that "he did not want to do" just to be able to drive a damn car? He wanted to get what he wanted at any cost. He should have got more that just Probation.


Peter P   August 12th, 2010 6:18 pm ET

A tough case for everyone I can not understand why a older man would have this close a relationship with a child unless there was a selfish reason behind it. I hope this makes all us parents a little more aware of our own childrens relationships and where abouts


Jennifer   August 12th, 2010 6:20 pm ET

Ryan, What makes me REALLY ANGRY, Is this.. Yes, he did kill someone, But the Hurley family dont even want to see what he did to Daniel!! No1 has tha right to tell Daniel it didnt happen, Why would he just make that up, give me a break Why is it that people never BELIEVE PEOPLE when they say that they have been molested?? It really makes me mad that the Hurley Dont want to hear any of it...As i have been in his shoe's, but never killed someone but let me tell you, How i wanted to!! Im glad that Daniel will get the help that he need's God Bless Him and His Family..And to the Hurley family, im sorry that you lost someone.. But DANIEL ALSO LOST ALOT!!!!


Terry   August 12th, 2010 6:31 pm ET

Thank god for a judge that helps children, instead of putting him in harms way in prison. Daniel needs couseling and help to recover from this sexual abuse. When I was 5 I was abused and back then when I told my parents they said we can't tell anyone. I have often wondered how many other children did he do this to. My prayers are with Daniel and I know as a 52 year old that you can live a normal life with help.


R. Ford   August 12th, 2010 6:37 pm ET

All things considered, a very fair outcome.


Doreen   August 12th, 2010 7:12 pm ET

I pray now he gets the much needed help and its not too late. I still hate the fact that Duane didn't live to have the same opportunity. Sad for both sides


Charlie B   August 12th, 2010 7:13 pm ET

I believe the kid got what was needed. As a young guy I myself had some punk try that stuff with me although I didn't kill him it could have happened just as easily. These abusers need to be taken care of and we all know jail is not the answer as when they get out it's right back to hurting kids


karen rathbone   August 12th, 2010 7:18 pm ET

Has the judge lost his mind. This Kid is crazy. I think he will kill again.


Carmen   August 12th, 2010 7:19 pm ET

Wow, Judge Burge victimized Duane Hurley and his family again. My prayers are with his family.


Cheri Berry   August 12th, 2010 7:49 pm ET

I am outraged at this verdict..Mr. Hurley was victimized all over again in this trial..Not only did he lose his life in a brutal, horrific way, This greedy self centered 16 yr old is given the less then minimun sentence for out and out murder, NOT manslaughter..MURDER..
Being a survivor of sexual abuse myself "by my father" at 12..not only was this person actions questionable, I saw right through his facade..Not at 1 time did I think of killing my father for his actionsWhat message is this sending?..This judge needs to step down from the bench if he is not there to protect the people!


annie   August 12th, 2010 7:52 pm ET

this is the best thing for daniel, he can get the help he needs, so he can live a good life,he needs to move away and start over,he,s only 16,he served enough time,with this freak duane,i,m sorry for his family,but the truth is out,god bless all of the familes


Hailey   August 12th, 2010 8:05 pm ET

OMG YAY :)
I was watching this trial on In Session today but the show ended before the judge gave him his sentence.
Im really happy that he is just on probation. I would have done the same thing if I was in his position. :D yay. i bet hes happy.


evelyn green   August 12th, 2010 8:18 pm ET

i cant believe that this guy got probation for this. i understand that there was porn found on the mr hurleys computer but damn. after he hit him with the pickle jar he could have left and got help and told someone. people get more severe punishment for drugs than he got for murder. what a joke our justice system is. thats why no learns a lesson and offenders continue to repeat crimes.


guilty, guilty, guilty...   August 12th, 2010 8:20 pm ET

what a shame...he lied and the judge bought it...a true injustice...he'll kill again, i promise u that...


Ms. Campbell   August 12th, 2010 8:21 pm ET

Man where it the justice here? This kid knew what he was doing-did I miss something or was there no forensic evidence that any of these sexual accusations occured? I think this kid wanted to drive the vette and Mr. Hurley said no and this kid went off into a fit of rage and brutally murdered this man. This kid should have got the max sentence and more!!!!


Pat   August 12th, 2010 8:32 pm ET

Judge did a good job, of seeing
this for what it was, brutal,killing but also saw a young man that couldn't see any way out. Unless you've had this type domination, you just can't understand how the rage built to the explosion.


Courtney   August 12th, 2010 8:35 pm ET

This sentence is ridiculous. there was no evidence taken from Daniel of sexual abuse. This crazy kid should be admitted to a psyco hospital for the rest of his life. He was judge jury and exacutioner of this poor 55 year old man. If there was something going Daniel shoyuld have went to his parents or the authorities. He says he was afraid to tell anyone, well if he dealt with it properly then it wouldn't be on national television were now thousands of people know about it. This judge was way to lienient on him. This freak should never see the light of day again. During the trial he lied numerous times, he had no remorse. Like when he was asked if he was remorseful he sauid "Well I'm here aren't I?" I CAN'T BELIEVE THAT" Right there is the sign that this kids was messed in the head.


Linda   August 12th, 2010 8:45 pm ET

What a fine Judge Burge is! Finally a Judge who really understands sexual abuse. I just hope Daniel gets the help he most certainly needs after this trial.


TOOTIE   August 12th, 2010 8:47 pm ET

This young man did NOT deserve prison time....I am glad the Judge passed this sentence down.


fakerake   August 12th, 2010 8:49 pm ET

Very good call!


AIDA HALLUSKA   August 12th, 2010 9:13 pm ET

Perfect sentence. The judge is brilliant. This kid was abused by an old sexual predetor and everyone blamed him. Anybody at that age would be embarrassed to admit they have participated in something that is not acceptable. I am so glad he will not be in prision.


sheestat   August 12th, 2010 9:23 pm ET

I think this decission by the judge was a good one, considering the actions this adult male took with this young man.


dano   August 12th, 2010 9:29 pm ET

I do like the verdict, but I still wonder why he kept going over there. I just don't quite get that.


gstokes   August 12th, 2010 10:10 pm ET

My heart goes out to both families involved in this case but I believe the true victim was Daniel! Speaking from personal experience of sexual abuse, thank goodness that Daniel has just probation thru the eyes of the law because this poor kid was already given a life sentence from Duane Hurley's abuse! Daniel has a long road of recovery from the betrayal, distrust, and manipulation he endured from a so-called family friend, but with all of the world's support & the support of loved ones I believe he will get through all of this and lead a very productive and successful life! Good luck, Daniel!


tsmall   August 12th, 2010 10:28 pm ET

This sentence is unbelievable. You kill someone and only get probation. This boy could have turned Mr. Hurley in. I pray for the Hurley family. I believe the boy wanted more money and he wouldn't give it to him and he snapped. SMH.


Laura Stevens   August 12th, 2010 10:33 pm ET

I wish the judge would have brought up the fact that most of the pornography on hurleys computer was purchased and the kids have no credit cards. His family would be the last to know as with all pedophiles. I think the judge was outstanding and right on the money!


Fran   August 12th, 2010 10:58 pm ET

How could anyone believe anything else but that this old man was
abusing this boy. After all the pictures. Sick old man. How many more victims were there? I fell sorry for his family, both families. I would sure hate to know a member of mine would do this.
In the end he paid for it with his life. Not the first time.


Michelle Odom   August 12th, 2010 11:10 pm ET

I'm pleased with the judge sentence. This will give Daniel time to work out his issues in therapy on the outside. Daniel definitely did not deserve to do anytime in behind bars. I wish Daniel many blessings to make up for the devestating sexual acts he endured.

Sexual molestation is taken to lightly across the board. If anything Duane killed Daniel over and over again with the unwanted sexual abuse that occurred. Daniel is the victim in this case NOT Duane.


Ashley Garrett   August 12th, 2010 11:37 pm ET

Im glad to see he got probation....Hopefully he stays as straight as a nail and learns from the mistakes of his past! He should feel BLESSED!


Diana   August 12th, 2010 11:42 pm ET

Good deal! Maybe he can get the help he needs so he can began to heal. With prayers and the support of family and friends, he will be able to. His family needs therapy as well because they need to heal and learn to cope as well. God Bless!!


Joette Wells   August 12th, 2010 11:52 pm ET

Thank you Jesus, For sparing this kid any futher pain. he had been through enough. I hope he can pick up the pieces and put his life back together.. I hope his family continues to support him as he tries to heal. God bless you Daniel.


brandon   August 13th, 2010 12:09 am ET

i think that was the right sentence from the judge. if that would have happened to me i would have been ashamed to because of my girlfriend. it was close to their one year anniversary. also how would his friends have treated him if the truth would have came out. the d.a. should have put his self in daniels shoes how would he have felt. i bet he would not have let the world know either. justice was served


johnna   August 13th, 2010 12:11 am ET

I honestly think he got off to easily.I am a firm believer that if u take someone's life u should pay for what u did.it doesn't matter if he was only 16 or 61 its the way I was raised and its what the good book tells us.


suzanne   August 13th, 2010 1:05 am ET

I think that is good that he got probation....He did the thing by killing him but I don't blame him after all the sexual favors he had done for that pervert!


alex   August 13th, 2010 1:18 am ET

He should have gotten a worse punishment then probation.


SUZZIEQ   August 13th, 2010 1:39 am ET

The judge got this one wrong >I agreed with the manslaughter charge but not the probation of 5years he should have done all of the 10 years in prison.You cant kill and get away with it just because it feels right to kill.Daniel needs a and he hlot of help elped put himself in that.Greed here is the botton line .Doing stupid things to get what you wanted because your parents are poor ,join the crowd .Why need not get a job ?


Jo Anna   August 13th, 2010 1:51 am ET

I am very happy with the judges decission it shows that he cares for Daniel's well being both mentally and physically I don't think prison was any place for an abused child. On the other hand I feel bad for the Hurley family as they have lost a loved one but also because it is hard to face that your loved one could do such an awful thing to a child

Jo Anna


Dana Jo Field   August 13th, 2010 2:14 am ET

I think Daniel may be a tad evil. Did you all notice the laughing smile or smirk that he had just before he lowered his head after the judge announced manslaughter and then again when he clapped? His eyes seem evil to me. Also, there are (sadly) millions that are sexually abused everyday and it it is extremely rare for someone to kill his or her abuser. I'm not convinced he was abused. He will kill again.


courtney   August 13th, 2010 2:19 am ET

I often wonder about the sentencing when people take matters into their own hands. Perhaps because they have no faith in the system, or perhaps because, as well, they know that there is no way a sexual predator can be cured. I also wonder what Duane would have received as a sentence? Would it be longer or shorter or thrown out?


fidez s.   August 13th, 2010 3:04 am ET

what he did was truly brutal. i don"t think that brobation is enough for him. people like daniel should rot in prison. it's so unfair to the victims' family. they should not have to suffer in dealing with this. what goes around comes around. the defendant's own teachers had advanced knowledge that he was a likely candidate to commit such a heinous act.but eventhough the warning signs were there,the defendants' parents turned a blind eye and a deaf ear.as is the case in so many of these incidents.what is so alarming about this particular case,was the fact that i don't recall a single instance where that whacko felt any remorse for what he had done.i did,however,see him smirk a few times.this young man is a sociopathic and psychopathic murderer who's no different than any of the other nut case killers out there.and because he had a lenient judge,he will be no doubt free in no time.i guess this the american "justice" system at work...how sad


Sigrid   August 13th, 2010 3:13 am ET

Judge Burge's careful deliberations leading up to the sentencing were impressive. I loved following his train of thought but am not sure I can subscribe to his wishes that there were a lawful way for people like Hurley to act out their sexual preference for pubescent children. No matter how often I'm told that one is born with and has no choice in selecting one's sexual preference, to me there is something badly wrong with pedophilia and apparently the law thinks so too.


LauraTJ   August 13th, 2010 6:02 am ET

No one will forget that there is a man dead because of Daniels actions,however I hope Daniel will have a full & meaniningful life.There are never any winners in any of these cases.The judge was fair & his remarks spot on.


Teri Berlet   August 13th, 2010 7:25 am ET

I was very pleased with the judge's decision in the Daniel Kovarbasich trial, this boy was clearly abused and did not deserve to be put in an adult prison for murder,I love it when justice prevails!


alisa quim   August 13th, 2010 9:00 am ET

I agree with it!!! But the boy still needs help dealing w what the guy did to him and with what he did to the guy. Maybe he will get the help he needs


Teri Berlet   August 13th, 2010 9:13 am ET

I think the judge did a great job in giving Daniel Kovarbasich only probation..he has suffered enough, why punish him further? I am very pleased with the outcome....


Lee   August 13th, 2010 9:16 am ET

I am outraged at the sentence Daniel received. When he was found guilty of manslaughter, the smile as he put his head down, the clapping of his hands. He could have told his parents, stayed away from Mr. Hurley, but he kept going over to his house to get gifts and drive the corvette. He should have went to prison for 10 years.


Jan Hollaway   August 13th, 2010 9:17 am ET

This was the best outcome for this young man. The judge is very wise and has years of experience. I feel he did the right thing and I hope Danny takes full advantage of what he was given.


Robin   August 13th, 2010 9:18 am ET

Daniel Kovarbasich got away with first degree murder. This judge just let a guilty person go free and is a disgrace to the judicial system. This young man knew what he was doing when he went to Mr. Hurley's house that day and everyday in the past. Daniel is a cold blooded murderer who should be locked away for the entire ten yrs. Our streets are not safe with him walking about. Shame on this Judge.


Jeanine - New Jersey   August 13th, 2010 9:28 am ET

Judge James Burge is a wise man. Daniel, I wish you a long, healthy, happy and successful life.


Jennifer Jones   August 13th, 2010 9:29 am ET

The Hurley family does not need to feel bad about yesterdays verdict. I predict that Daniel will be back in prison within a year.. I watched the eye rolling and the attitude on his face... there is no way that he can stay out of trouble for five years.


Carmen   August 13th, 2010 9:31 am ET

I hope he gets a lot of counseling, the pervert that died left a very damaged boy.
Still the parents are at fault, how can you hand over a boy to an adult that gives him present,money, I would not even permit my kids not even with a family member that likes to be only with kids,
I prefer to be careful than sorry. It is starnge than an adult seeks company of only children, to send a child alone to a teachers house, Pastor,any adult is not responsable.


Bob Eakle   August 13th, 2010 9:32 am ET

Kovarbasich tried to get away multiple times, but Hurley came back each time? All he had to do to get away was quit going over there! When Judge Burge said Hurley's provocation of Kovarbasich was sufficient to incite him to use deadly force, the defendant flashed a smirk, which he quickly tried to hide. It looked as if he was thinking, Holy Smoke, I got away with it! And he DID get away with it.


Fabiola James   August 13th, 2010 9:34 am ET

Judge Burge, thank you for giving Daniel the correct sentence. I watched the proceedinds religiously and felt that you were totally fair and was happy that Daniel was not going to be victimized again. You did a marvelous job. Even though I am not happy that you have at your chambers such characters as Che Guevara. :-)

Again, thank you for seeing that jusitice was done.

Mrs. James


joshua   August 13th, 2010 9:40 am ET

What??? Jamar Sr. kills his son with one bullet, and gets 35-80. This kid beats a man with a pickle jar and stabs him 55 times, and only gets probation. Wow our justice system is a 100% FAILURE.


marilyn   August 13th, 2010 9:45 am ET

He got away with murder.


Angela Forbes   August 13th, 2010 9:46 am ET

Daniel Kovarbasich is a hero! adults need to keep their hands off children and being a survivor of sexual abuse myself he did what I wish I had the courage to do back then that horrible man will never hurt another child again.he has his whole life ahead of him he's free!!!and I only wish the best for him!!!


Robin   August 13th, 2010 9:50 am ET

No, Duane did not hold a gun to Daniel's head, but I can tell you that there are things worse than a gun. It seems it would be easier to deal with sexual abuse if it is cut and dried like that. At least you would feel like you had the right to be angry! When someone treats you as a "friend" and gains your trust, and then abuses you, you live the rest of your life wondering what you could have done differently to have prevented the abuse, or to have stopped it earlier. You also wonder about everyone's motives forever! I applaud the judge and hope that Daniel gets the help he needs and goes on to live a successful and happy life.


kat   August 13th, 2010 9:51 am ET

as in my email yesterday before verdict daniel was already sentenced when this old man stole part of daniels life with this awfull SEX abuse a life time of recovery for daniel I know im a sex abuse survive r when i was a child im well over 50 today .


Lu Sullivan   August 13th, 2010 9:52 am ET

I thinks it's a travesty of justice! The judge acted like Daniel was innocent. He knew what was going on, I don't know too many people his age that would do what he did–just to drive a Corvette! He said he was embarrassed–if he wouldn't have gone along with it and stayed away after the first "pass".....but no, he wanted to drive a car! I think the parents are partly to blame also, didn't it seem strange that their son was spending so much time with a man his age? Buying him things? Kids aren't as innocent as that anymore, he got away with murder.


Jenn B   August 13th, 2010 9:52 am ET

I am so happy this child did not get jail time for his actions. Living with what happened is prison enough. I went through the same issues as this child and even today i have nightmares. I don't believe in taking the life of another person and I don't believe it in this instance either. But what is done is done. And I wish Daniel and his family the best of lucjk getting through this horrible time.


Lorac   August 13th, 2010 9:54 am ET

Daniel Kovarbasich, if he were my son I would have given him a medal.

Now Duane WILL NOT be able to ruin any future young boys lives.


cheryl   August 13th, 2010 10:03 am ET

I am very happy this young boy did not go to jail for this. Going to jail would have only turned him into a monster. I am happy thought that the judge did include some sort of program for him, the problem across the united states with prisons is that there are very few that offer any kind of real help for people so that they can be productive when released, most people come out of prison worse than when they went in, i hope Daniel comes out of all this horror a better person and does well :)


Patti   August 13th, 2010 10:05 am ET

All those who think the sentence is so unfair need to realize the most important factor. Daniel was a child who was groomed and then enticed by Duane Hurley. His youthful point of view saw no way out. I still can't believe that Daniel was tried as an adult. You can bet that there were many more victims of Duane Hurley that no one will ever hear from and there would have been many more. Hurley's behavior would not have changed.


Scary   August 13th, 2010 10:16 am ET

why did this young man change his story so many times? Why was the sexual abuse never brought up until 1 day before the trial began? (was it an opportunistic excuse?) Why no forensic evidence of molestation? Why were there no other young men to step forward if this man had been around children his whole life as a baseball coach? Why did daniel KEEP going over there? Why didnt he just run and leave after he smashed the pickle jar over his head? Why didnt he leave after he stabbed him a few times and broke the first knife instead of going and getting another knife? To me these are alot of questions that we HAVE to rely on this young man for answers since he is the only one still alive. Just imagine if this young man lied... Where will he be in 5 years? I sure hope he is not my neighbor!


Scary   August 13th, 2010 10:18 am ET

One other thing...if this judge knew the victim and the defense attorney on a personal level. Why did he not do the right thing and remove himself from the case. In my opinion, that would have been most appropriate thing to do.


gail   August 13th, 2010 10:21 am ET

Daniel was willing. He attacked the man who at that time was sleep in his bed. I would have found him guilty first degree. that the reason they did not want a trial by jury.


Marge   August 13th, 2010 10:22 am ET

I was happy with the verdict and sentence given to Daniel. I pray he can overcome the damage done by the abuse he suffered and that he can learn to live with his actions. I have the utmost respect for the judge in this case. He was the most attentive judge I have ever observed. He should be commended for his wisdom and compassion in this case. He had a tremendous burden in this matter.


jevon bostick   August 13th, 2010 10:22 am ET

I think this boy lied period..He didn't have to go to this man house at all he chose to go..and continued to go...Weather man was 50 or 30...that doesnt matter. Daniel knew right from wrong if the man was so wrong why he went back for time and time again....


Cal Uhren   August 13th, 2010 10:30 am ET

I find it unbelievable that this judge let this young killer go free. I mean was this judge paying any attention during testimony? He points to the fact that Daniel had a high heart rate and high blood pressure while in the E.R room after the assault because he was traumatized Daniel himself said during testimony that he stayed up all night drinking coffee, that would explain his heart rate and blood pressure. The kid lied several times and the biggest problem I have with it all is Dwayne Hurley is not here to defend his character. Think about this nightmare, what if none of those things happened and Daniel really killed him because Dwayne didn't have the money to give Daniel for his anniversary with his girlfriend, wow not only does Daniel get off with murder but this middle aged man goes to his grave leaving a legacy that of a pedophile.


Ophelia   August 13th, 2010 10:31 am ET

Duane Hurley's niece should have apologized to Daniel, on behalf of Duane, for all the pain and suffering her uncle put him through and that he will continue to go through for years to come.


Brittany   August 13th, 2010 10:32 am ET

Poor kid. I see the sentence is fair. Apparently people don't think Post Traumatic Stress Disorder is that bad. He showed every sign of it during the event.

And the chick who was speaking on the plaintiffs half, apparently it's absolutely clear there is denial on their half. It's a shame they couldn't see how evil the man they so loved was.

Thoughts go out to the Kovarbasich family in this time.


Nickie   August 13th, 2010 10:51 am ET

Many of you that think he should have gone to the authorties have no clue how often it is seen. Many think it was ok with this boy and even if they believed him, my molester got five years probation! His wife knew, his entire family knew and denied it until his daughter took him to court for rape and soldemy of his own granddaughter, yet five years probation. He had hurt over 20 boys and girls and five years probation. You know we all have to live with that and know he is hurting other kids! They judicail system doesn't work for kids and he is a kid! 16! My parents were BEST friends and they didn't have a clue. Your ashamed and the mind games they play but your just so ashamed. When they found out, they did all they could and my own father was going to kill him. You do not know unless you have been a victim. I was a victim until age 10 and my sister didn't know he was hurting me and I didn't know he was hurting her! She was older and ashamed! You can't understand and them with so many victims, some would come forward but many parents don't want their name involved, they are embarresed. These parents didn't know but everyone in his family did! They should have come forward and maybe he would be alive but he would only get out and do it all again or end up with a slap on the hand, listed as a sex offeder. Do a search people, they are everywhere and they all have an excuse!
Don't blame anyone but the offender! He was evil and had done it before and would do it again! The parents didn't know, don't blame them. My parents had no idea and they were best friends. When my mom found out, she fainted and ended up sick over it all and my dad wanted to kill him. They put our care first and we recieved help but we both know he will kill a child if he hasn't already. Unless you have been through it, you cannot know! This Hurley family did know, put the blame on them!


Nickie   August 13th, 2010 10:58 am ET

The family of the victim would have no clue. Do you think if they did they would allow it? For gifts? Are you nuts? The family of the offender knew what he was, they should have come forward. This kid needs to get help, move away as soon as he can and start a new life. He saved so many others from this man. He did what had to be done to stop him from hurting others. Victims know how others feel, ashamed and angry. The law would have slapped the offenders hand and would continued. There are others who suffered at the hands of this man but shame keeps them away. I pray this family will heal and don't blame yourselves as you were all victims. The offenders family knew, why doesn't anyone ask what they knew, they had to know! Yet people assume the victims family knew, come on,


Kathy Farrell   August 13th, 2010 11:04 am ET

WHAT A JOKE! Plain & simple this kid got away with cold blooded murder. He was not remorseful, continually lied and changed his story. It was easy to tell his parents while they were trying to cover up the murder. He did not convince me. It was all good for him until he didn't get what he wanted.


Fred   August 13th, 2010 11:30 am ET

What is wrong with this country? Everybody thinks its O
K to murder someone like Duane Hurley! Mr Hurley supposedly did some things that were wrong and should have been punished by law. Daniel could have walked away but he chose not to. Daniel did something that should be punishable by serving time in the prison system, period. If he needs help with his anger give it to him thru the system. It is not OK to take someones life unless it is a matter of life and death. For all that think its OK to kill at will, put on a military uniform and defend our country. I did!


Teri   August 13th, 2010 11:37 am ET

Danny was sincere and he was a victim. He was victimized by a man 40 years older than him. I have never felt so passionate about any In Session trial you have show than I have this one. In fact over the weekend I thought of him and said a prayer Judge Burge would do the only right thing here. Judge Burge most certainly made the only right choice here. Danny will now get the help he needs after being victimized by this grown, middle-aged evil man that obviously had his own family and friends so fooled. Danny, I am thinking of you and you have such a new start here that your lawyer , family , friends and Judge Burge will support you, because you deserve it . Much love and support from many many people out here in the real world that you don't even know.


Richard   August 13th, 2010 11:45 am ET

This is what I believe: Perhaps Duane was gay-Daniel was obviously aware and used his awareness for gains both material and financial-Daniel could have told his parents, his teachers, the police, etc., the list cold go on and on. No one will ever know what actually occured on the day of that murder-Possibly Duane wouldn't let Daniel use his Corvette for a date that night or wouldn't give him $100 for same-When I was in my early teens, myself and friends knew someone very similarf to Duane-He owned a Corvette too, invited us to his home for coctails (we were all underage) and let us drive his Corvette almost whenever we wanted-However, I knew when to draw the line whenever anything sexual was suggested-Leave!!!! I feel Daniel was just as much a predator as Duane might have been, ie (what might be considered a gay male hustler). At the very least Daniel should have gotten prison time!!


Christine Montreal pq   August 13th, 2010 11:49 am ET

I believe that since there is not a hundred percent proof of rape dan should have gotten 5 years jail and 5years probation this way if his story is true we should not forget tge death of a humen being and if the story is not true he doe not getaway with murder Both angles would have been covered what he needs is anger management big time.


BEATRIZE-ZZZZ   August 13th, 2010 11:52 am ET

Great lawyering on both sides...
The prosecution made some great points...
Hate to say this but this kid will be trouble in the future...
he really wasn't a typical 'nice kid' gone awry...
but...hope I am wrong.


Stephen Markovich   August 13th, 2010 11:54 am ET

I disagree with the verdit, a human had been murdered. Why wasn't the judge disqualified based on the fact that the defense attorney and the judge worked together in a law firm years ago? This is why the defense wanted a bench trial and not a jury trial.


Ngaire Lucaites   August 13th, 2010 11:55 am ET

I wish there were more judges like this . This was a fair sentence now this young man will get the help that he needs badly. I also congratulate this attorney because without him I don't think the outcome would have been as favorable.


SANDRA (Texas)   August 13th, 2010 11:59 am ET

Those of us who have not been sexually abused can only imagine the secrecy, emotions, feeling of violation, and negative self-conciousness experienced by this and other victims of this crime. I feel that the viewers who disagree with the sentencing in this case have either lived sheltered lives or are in denial about the unfortunate gross and/or violent actions some adults commit to young people, and/or children in our society.


Donna   August 13th, 2010 12:05 pm ET

YES !!!! The Judge was right on in this one, I just hope Daniel's parents see that he gets the therpy he needs, It's gonna take a while to heel, and i beleive the people who are angry just don't get it , sexual child abuse,is horrorifing and real THANK YOU


Tricia, AZ   August 13th, 2010 12:06 pm ET

Bostick, Daniel didn't lie, Hurley began "grooming" him at age 12. Daniel was a child, Hurley was the adult and knew right from wrong. You don't know what this freak did to threaten the boy. Most molesters threaten their victims, either with physical harm, harm to their families, or exposure. Victims of sexual abuse are afraid to speak out, afraid to tell their families what's going on. These victims many times aren't listened to, or they are silenced with shame. Hurley, was also a friend of the family, which gave him unfettered access to the boy. If Daniel told his parents he didn't want to go to Hurley's house again, he would have had to explain why. In his shame and pain, he couldn't....


k   August 13th, 2010 12:17 pm ET

I was thrilled with the verdict that Judge Burge handed down to Daniel, we need more judges like him to have sympathy for the teens. sending Daniel to prison with all the sex offenders would have only ruined him that much more .He didn't quite get off as free as everyone seems to think. He doesn't get to go home he wiill have an extensive program to follow everyday and then if he messes up he knows he will be sent to jail for 10 years. Daniel will suffer daily everytime he closes his eyes and sees this monster doing these bad things to him. Until you have experienced something like this you shouldn't judge someone that has. And to be tried as a young man and he is only 16 years old that is wrong. He didn't have a young man's mentally and how many other young boys had this monster ruined and they never came forward. I commend Daniel because Duane got what he deserved for putting his hands on a child to start with. He won't molest anymore young boys.


Maria   August 13th, 2010 12:27 pm ET

Hurley was a predator at work targeting and grooming a victim. Predators find families that need help or money and start giving guitars and gifts to the victim as well as money to the family. They take the family on trips. The families like the extra money and find it hard to walk away. Danny's parents should have realized it's NOT normal for a 55 year old to hang out with a 13-16 year old. People need to open their eyes to the real world. Parents need to really watch their children. 16 years old is young. He was probably feeling shameful and guilty for any sexual acts and couldn't talk openly about it. 55 stabbings for every year of his life. I hope Danny can put this behind him and have a peaceful, happy life.


Kathy   August 13th, 2010 12:28 pm ET

Daniel Kovarbasich was sentenced to a life of horrible memories and nightmares. That is punishment enough for this kind of crime. I hope other child molesters will think first before molesting a child now. My dad used to expose himself to me and I would try to think of ways I could kill him. Instead I ran away clear across country out of fear of him. I was only 17. I am now 67 and still have flashbacks and so will Daniel. The best of luck to him.


Jay   August 13th, 2010 1:06 pm ET

I think Daniel got another gift. Although he may have been getting gifts for sex and after a few years got sick of it and disgusted with himself and Duane, it was still murder. He should have done at least 2-4 years in prison after receiving some mental and emotional therapy.
I found Daniel possibly to be somewhat of a liar and without any emotion.
I wonder if there are any other young boys/guys out there who Duane possibly had contact with who could have come forward to testify that he, Duane, molested them too. It seems at 55 years old, Duane only molested 1 kid. I don't think so....Something isn't right here...


Abigail Sanchez   August 13th, 2010 1:13 pm ET

Wake up people! This young man brutally killed Mr. Hurley! Daniel most likely threw the ultimate hissy fit & killed Mr. Hurley in a fit of rage because he didn't get what he wanted like he had been accustomed to. If Mr. Hurley was so bad, why did Daniel keep going back? Daniel knew exactly what he was doing. He knew the difference between wrong & right. Probation? Are you kidding me? This kid is evil & the judge just set him free. Good luck Ohio.


Jay   August 13th, 2010 1:14 pm ET

Also, there was no actual physical sign of sexual abuse. The judge, etc. took Daniel's word for it. This whole case is a little messed up. No one won!!!!


Lana   August 13th, 2010 1:15 pm ET

I believe the sentences were "consecutive" not "concurrent". I also believe that the article should read "Jamar Jr. was shot execution style by his father after his father 'alleged' that the boy told him he had raped his sister". Noone else heard the boy make such a statement.


Lana   August 13th, 2010 1:18 pm ET

August 13th, 2010 1:15 pm ET

I believe the sentences were "consecutive" not "concurrent". I also believe that the article should read "Jamar Jr. was shot execution style by his father after his father 'alleged' that the boy told him he had raped his sister". Noone else heard the boy make such a statement.


Rico   August 13th, 2010 1:24 pm ET

Lot's of people got duped, especially the judge. This was a ridiculous sentence based on the ALLEGED occurrences of abuse. There was no proof. Usually when these things occur there are more than one victim. Where are the other people who were abused? Or was it just Daniel? Where are the other peoples stories to corroborate Daniels story. Not even his own brother could substantiate the "victims" story. Even if it was true, Daniel was a willing accomplice. if you believe his story than at best Daniel was prostituting himself and then didn't know how to get out of the mess he was in so he killed him. I don't now nor never did buy the stories Daniel presented. He's a street smart kid who knew what he was doing. i'm appalled at the lenient "punishment." The help this kid needs is plenty, most noticeably to make sure he doesn't kill again. Stay tuned he'll do it again.


smith   August 13th, 2010 1:25 pm ET

This kid fooled you all!!!! He is a murder and he got away with it.
He'll start running his mouth later on and brag about it and then people will say what a mistake that was made and the fact is that its too late.


Jacqueline Fields   August 13th, 2010 1:29 pm ET

Daniel is a victim...the deceased was a predator who would have met the same fate from someone in the future...It is hoped that Daniel can move on and change his life for the better...I will pray for him.


Gayle Koltz   August 13th, 2010 1:36 pm ET

Child predators are so slick – we had one here in our town who was married to a school teacher and had three children of his own. He had previously been convicted of child sexual abuse and he did it AGAIN! They buy the young person gifts and get in with the parents so that the perp is the last person that they would expect of abuse. We also had a pediatrician in our town who tried to escape to Hawaii and was caught.

I hope Danny is successful with this probation and he might have a normal life in the future.


Sha   August 13th, 2010 1:41 pm ET

The facts include that Daniel is a 16 y/o boy...not a man! He can not legitimately consent to anything. On the other hand, a 55 y/o man who is mature, mentally adept and a functioning member of society can be considered as "responsible". Instead he preyed on boys,. He apparently took advantage of the young man in more ways than one. Abuse victims do not usually run and shout from the rooftops to announce their abuse. It's unfortunate that this situation was exclamated with a death, but sending this young man to prison would have been the wrong choice. I totally agree with the Judge. Good luck to Daniel and his family!


Tammy   August 13th, 2010 1:49 pm ET

I think the sentencing was fair and hopefully he can turn his life around. People don't know what they are talking about when they are talking about abuse. Children are often abused in their home for years but never leave you are under someones' control.


debbie   August 13th, 2010 2:00 pm ET

This judge had the ability to see that putting Daniel in jail would only create another sexual predator, who once released would pose a threat to society. Daniel needs to get therapy, and an education if he is to have any hope of reclaiming his life, and becoming a valuable citizen.


Courtney   August 13th, 2010 2:01 pm ET

I do not think this is a good sentence for him. Like the judge says if you're gay you're gay there's not question about it. Mr. Hurley was gay whats to say that Daniel's not gay. He put up with it for a year so he must have liked it. At his age he knows right from wrong! My 3 1/2 year old daughter knows right from wrong. She knows if anyone touches her in a bad way to go tell someone. Daniel is either gay or bi-sexual There was no need for him to do what he did. He should have told someone about what was going on. Even in schools this generation talk about sexual abuse and what to do if it happens. He should be in jail for life!!!!!


Courtney   August 13th, 2010 2:10 pm ET

I agree that this kid is literally getting away with murder. Probation is nothing. If it was dealt with properly then Mr. Hurley would be the one going to jail, were he should be instaed of 6 feet under. I have personally been a victim of sexual abuse and I took care of it properly and justice was sreved. I didn't go kill the person I have higher morals than that!!! I know of a couple of other people that have been through the same thing, and they all took care of it properly and justice was always served. This kid doesn't deserve to see the light of day again. This judge was really fishy i think there was something else going on between the judge and the defense.


Teddy   August 13th, 2010 2:11 pm ET

I, for one, think that even though if he had gone through what he says he did, which i dont belive he did, he still has no right to take the law into his own hands. He could have quit going to visit after first time if actually took place. I now hopw that he gets arrested for statutory rape since he admited to having sex with his underage Girlfriend. If all this had really happened, he would have showed a little bit of shock when the niece bought out everything she did. This is just a teenage who just got away with murder.


michele   August 13th, 2010 2:18 pm ET

I believe the defense was very smart in going with a bench trial verse a trial by jury.He had plenty of time to seek help.,remember there is no physical evidence in this case only what daniel has testifyed to.Daniel contined to go back..This was a brutel murder.He hit him with a pickel jar,continued to beat his head in,then stabbed him over 50 times-then got probation???13 jurors would not have decided this, at least not in my community!! GOOD LUCK TO OHIO!!!


bij   August 13th, 2010 2:30 pm ET

I do think this boy was abused sexually and possibly groomed, for the molestation; but at what point did the sexual abuse stop and the prostitution of his body for money begin? When did Daniel become a deaf mute and say I'm not coming to your house anymore. I'm not taking anymore money or gifts from you. Daniel continued to go to this molesters house for years. Daniel certainly needs help, because he has to live with what he's done, whether he has told the entire truth or not on the stand. I believe he did tell the truth, but the real truth is that he continued to repeatedly go to the home of the molester of his own accord, and whether right or wrong and have relations with Hurley , and I believe wholeheartedly it was his guilt and his shame that made him kill Hurley...although wrong it justs makes sense.


Buckeye girl   August 13th, 2010 2:45 pm ET

I think the verdict was fair, hopefully Daniel will recover and be a positive role model for our youth's today...

Hopefully he Gives GOD the glory!!!!


judithann   August 13th, 2010 2:46 pm ET

I thank Judge Burge for everything he has done, i am so happy for the young man that he has a chance.. and, it's not prison. This is an example of human beings helping each other. I wish the best for Daniel and his family.


Ronald R. Flinders   August 13th, 2010 3:02 pm ET

Thank God for a judge that used some common sense while reaching a decision in this case. This young man obviously snapped after being repeatedly raped by this sexual pervert. It is my personal opinion known sexual predators should be locked up and the key thrown away. Keep them off our public streets and away from our children and women. Our son was molested by what we thought at the time to be a close family friend. We didn't find out about our sons molestation until he was in his forties. He kept this to himself because he did not want to be ridiculed. As a result, he ended up as an alcoholic and drug abuser. The predator is walking free today and without a doubt, molesting other children. I rode with this man side by side in a patrol car on and off for almost ten years. They can be found in all walks of life.


Amy   August 13th, 2010 3:11 pm ET

I don't think that this kid should've got anything! He was defending himself against a sexual predator. I was sexually molested when I was a child. I know what this Daniel is going through and the pain he's suffering. I think if he didn't throw the knife away I think he would've walked. Most children are sexually abused and sexually molested my a family friend or a family member. Daniel may have told someone and the didn't believe him and that made him that much more angier so he thought he did what he he had to do.


shelly   August 13th, 2010 4:18 pm ET

GREAT JOB JUDGE.....I wish him well in life, and really hope Daniel will be able to put this all behind him soon!


adajo   August 13th, 2010 4:30 pm ET

this is the only trial I have ever watched that the only evidence of sexual abuse was a computer that everyone had access to & the killers version of what happened. There had to be an agreement between the Judge & the attorney before the trial begin of the outcome, the reason the attorney didn't want a jury trial. I know that happens in civil cases , my own experience, but surely not in criminal cases. A man is killed in his home in a very violent manner & the killer gets probation. there are almost as many teenage killings as adult killings anymore. They rarely have to pay the consequences. I would want to know if Daniel was ever lving in my community. I would be afraid of him. If he kills again, the Judge is responsible.


Abby   August 13th, 2010 4:50 pm ET

Daniel was 16 years old, not 6! Unless he was being held against his will, he could've exited, stage left. Instead, he chose to prostitute himself. And now he's getting rewarded? What a joke. I cannot believe that people are actually being snuckered by this evil young man.


marie   August 13th, 2010 5:27 pm ET

Apparently, the relationship with Mr. Hurley was okay with Daniel while he got what he wanted. Daniel knew exactly what he was doing. Once things didn't go his way, he bashed Mr. Hurley in the head & stabbed him repeatedly in a fit of rage. Daniel is one evil self-centered, self-serving young man and the judge just set him free. This judge is a disgrace!


MT   August 13th, 2010 5:30 pm ET

I too was sexually abused as a child and let me say that no exchanges were involved because I was too young to fight back my abuser.......Sexual abuse to me means: when the abuser imposes his will on the victim, and I did not see that in this case because DK, was a willing participant in this alleged "abuse" by the victim.....I waited
for years before telling my mom what happened not because I was afraid of my abuser, because I was ashamed of it because I knew how most in my family would view it as me being gay or whatever he but I didn't have no intentions of killing him and he is now locked away for this, and a murder he committed a few years ago.....For all of the Kovarbasich supporters, do not compare my truamatic childhood to Daniel's two totally different situations.


Brandi   August 13th, 2010 5:34 pm ET

This is a subject very close to home for me, I worked with children who suffered abuse in a residential facility. Jail would have never been beneficial to them or the community. Putting this boy in prison would not only subject him to becoming victimized again but also tends to help breed a "better" criminal. I believe the judge though of the childs future rather than just his punishment.


lucygoosey   August 13th, 2010 7:03 pm ET

I don't know if I fully believe Daniel's story, there's something "hinky" about it but he's off the hook, with budget cuts that probation may not last 5yrs.
He appears to be sly, maybe even cocky enough to get caught up again in something, Ohio probably will believe him again.


harry callahan   August 13th, 2010 9:47 pm ET

I don't agree with the judge giving him probation,what I heard both parties are guilty and the reason I say that I knew of a similar case,were the molester had about the same things some money to hand out and flashy cars and the molested they knew what they could be getting into but still participated,but no one was injured or killed,but I agree with some this David kid to me like the one cop said he was street smart and did not believe his story to a certain point,and I have to agree with him,and I to believe he could be a loose cannon.


Trixie   August 13th, 2010 9:58 pm ET

I am so glad that the judge only gave probation. I grew up molested from the age of 6-17. First by an older brother of a friend, then by a very close family member. Everyone asks why didn't he stop it, why didn't he tell. I did nothing but tell. Sixth grade teacher- guess what- I had an overactive imagination, nothing done. Middle school counselor- case given to well known service- family counselor brought in- guess what- it was my fault for not wearing a robe at night. I told a high school counselor- was told not to cause trouble. Finally in senior year I attempted suicide, child service came in again, now I was too old to be helped. Exactly what is the use of telling? Now I can barely stand to leave my front door and the only one I trust is my cat, he can't hurt me in any way.


Sue   August 13th, 2010 10:22 pm ET

I agree that there was no proof of abuse, only Dan's story he used to get such a unbeliveable slap on the wrist for murder. He is always going to be a threat to society- he ripped a person to pieces and just left him there.


suzzieq   August 14th, 2010 1:31 am ET

probation time is right because Duane was a sick 55 yr old man. no man 55 yrs old has young boys coming around him, thats a true statement. but daniel used Duane for what he could give him. now what does that sound like to you? i think he should have got the ten yrs in prison with a lot of help. i pray that daniel doesnt use this to think that killing someone has no consequences. what happened to right and wrong? didnt daniel know it was wrong to be sleeping with a 55 yr old man? Duane knew what he was doing and his family cant accept that he was a dirty old man! daniel parents act like it was normal for a 14 yr old boy to go over to a 55 yr old mans house. both are sick people. and daniel looks sick to me and guilty. the whole truth was not told by daniel. i still dont understand the pickle jar, did it have anything to do with sexual content? WRONG DECISON BY THE JUDGE.


cathy   August 14th, 2010 2:04 am ET

I don't think this verdict was correct. He needs to be in the presence of his family that is the help he needs let them be able to work together as a family and rebuild what this man has damaged for years. Daniel you are in my thoughts and prayers God has good things in store for you...


Carmelita   August 14th, 2010 2:44 am ET

I don't know what it's like to be molested. But this young man went overboard when killing his abuser. It sounds like he may have snapped or went insane. He should have spent some time behind bars.


shannon   August 15th, 2010 9:43 am ET

i am so glad of this, this man deserved to die, and if i was this boys mother and he didnt do this i would have killed him myself, for a grown sick man to play mind control over a teen for his own sick pleasures, what is wrong with people? i feel horrible for this young boy to have to relive all of this through the trial, anyone who thinks this boy was wrong, imagine it was your own child ad u may cahnge your mind


Tamara Powell   August 15th, 2010 7:32 pm ET

I believe justice was served. Daniel will have to live with what he did for the rest of his life. People are not realizing that everytime Daniel was violated he was being punished. I believe he's been through enough. To Daniel, you have my support and i don't even know you. Stay strong and get through this!


adajo   August 16th, 2010 10:47 am ET

i have never heard where Daniel was given a lie detector test.Im sure if passed one the defence attorney would have used that in his arguement. I know he can't be forced to take one but if he is being truthful , why not?
When you are on jury duty , you are dismissed if you know the victim or the defendant because you are asked to make an impartial decision.Your verdict is supposed to be based on evidence & fact only. The only evidence was pictures on computer which Daniel had access to & also porn his computer at home. The Judge gave a long statement ( if truthful, he was not under oath) about knowing the victim & his verdict was based primarily on that. That is not an impartial verdict. Daniel was never o trial, the victim was.


Charlene   August 16th, 2010 1:28 pm ET

Hopefully, before the next pedophile begins the "grooming" process...he/she might remember this case.... and go get some mental help instead of ruining a childs entire life....and ending up dead.


Tony   August 19th, 2010 6:10 pm ET

After reading the other comments posted here I am apalled. There are only two excuses for intentional killing; self-defense and insanity. This was neither. Mr. Kovarbasich, you have been anointed judge, jury, and executioner. Congratulations.


Erica   August 21st, 2010 4:56 pm ET

I think the judged did the right thing the boy was hurting and couldnt take it anymore and did wat he thought was right i hope he dont ever do this again and i hope he can live a peaceful life now that its over.
STAY STRONG DANIEL !!!!!!


KK-TWIST   August 21st, 2010 5:44 pm ET

self-defense maybe but People should stop blame killing on insanity!!!
I think this judge was dead wrong in this case.
the boy was posing for pictures, would you say he was insane because of that? This boy strike me as someone who will do anything for attention and when he doesn't get what he want he lashes out. maybe he wanted something from Dwayne and he refuse to give him it and he went in rage and commit the act that he did!! you know what they say....dead man tell no tales.


Gazza   August 22nd, 2010 3:24 pm ET

I don't agree with the outcome. I don't see how you can 'demand' sexual favors in 'exchange for gifts and money'. This situation is just terrible but this boy needed to go to the police vs. take matters into his own hands some time later. His life was not in danger ergo killing wasn't warranted under our legal system. This case sets a precedent to merely say 'he sexually assaulted me' to get away with premeditated murder. I feel what Mr. Hurley did was certainly wrong but it doesn't justify First Degree Murder much less allowing the Defendant to walk away unpunished.


NRHS grad   August 26th, 2010 4:07 pm ET

my husband knew this man 25 years ago when he(my husband) was 16. He invited a few of the boys from the baseball team over all of the time to enjoy his hot tub. He(my husband) thought he was a pervert then!! I asked him why he thought that, and he said he just got a weird feeling when he was around him. I can't help but wonder, how many more victims are out there, that are afraid to come forward???


Ilimela   October 19th, 2010 3:52 am ET

Anyone who disagrees with the judges sentence has never experienced the torture of being sexually abused.


Renee   January 8th, 2011 2:49 am ET

What is "life"? The ability to walk? talk?

This child's quality of life has been dimished to such a level that I have to wonder if he will ever be "alive" again.

The child molester took the boy's life just as much as the boy took his. The molester got off easy, and the boy will continue to suffer. He shouldn't have received even a slap on the wrist.
-
Just as frustrating is the expectation that a young person is cabable of resolving these types of problems in "adult" (i.e. rational) ways.


Leave Your Comment


 

Comments are moderated by CNN, in accordance with the CNN Comment Policy, and may not appear on this blog until they have been reviewed and deemed appropriate for posting. Also, due to the volume of comments we receive, not all comments will be posted.


subscribe RSS Icon
About this blog

 This is your online home for In Session on truTV’s up-to-the minute, comprehensive coverage of legal issues, trials and news from America’s courtrooms.  Our anchors, analysts and producers are teaming up here to give you updates on the stories that matter to you.

Be sure to tune in to In Session on truTV from 9 a.m. – 3 p.m. ET.

On Twitter
Millionaire gets 16 years for DUI death… at home http://t.co/gwG63gdh John Goodman to be released from jail on $7M bond
Twitter icon HLNTV 6:30 am ET May 16, 2012 RETWEET
.
RT @drdrewhln: Jose Baez: I was Casey’s harshest critic - Take a look at this - http://t.co/9rVf6vbR #CaseyAnthony
Twitter icon HLNTV 6:05 am ET May 16, 2012 RETWEET
.
Deliberations in the #TammiSmith case has ended for the evening. They deliberated for 1-hour, 14 minutes, 53 seconds. They are set to...
Twitter icon InSession 7:33 pm ET May 15, 2012 RETWEET
.
@conniegail421 There are enough. Originally there were 9, but only 8 jurors can deliberate.
Twitter icon InSession 7:16 pm ET May 15, 2012 RETWEET
.
#TammiSmith: RT @bethkaras: The jury started to deliberate at 3:15 pm local time (6:15 pm ET). One of the four men was selected as the......
Twitter icon InSession 7:14 pm ET May 15, 2012 RETWEET
.
Contact us
Categories
Powered by WordPress.com VIP