Colorado murder trial set for March 2017; marijuana intoxication could be key factor in insanity defense

The trial for Richard Kirk, accused of shooting and killing his wife, Kristine, in April 2014 at their Observatory Park home, is set for March 6, 2017.

Kirk’s trial on a first-degree murder charged had been delayed because a judge had ordered a mental health evaluation to determine whether Kirk was competent to stand trial.

Richard KirkRichard Kirk (Denver Police Department)

That report has been written but was not discussed Thursday  appeared in Denver County court on Thursday morning for a status hearing.

He faces one count of first-degree murder. Weeks before his trial was scheduled to begin in 2015, Kirk’s attorneys changed his plea to not guilty by reason of insanity from not guilty, citing marijuana intoxication.

Richard Kirk had purchased and partially eaten marijuana-infused candy before the shooting on April 14, 2014. The couple’s three sons were at home. Before the shooting, Kristine Kirk called 911 to ask for help. She was scared of her husband, who was ranting and jumping in and out of windows, according to previous reports.

Kirk’s attorneys have indicated they might argue that marijuana intoxication played a key role in the shooting. They have filed motions disclosing their strategy and have hired experts to evaluate the case. Combined, the reports suggest the THC in Kirk’s system triggered a psychotic episode.

Because Kirk intended to use an insanity defense, Denver District Court Judge Martin Egelhoff ordered a mental health evaluation of Kirk at the Colorado Mental Health Institute at Pueblo.

But the evaluation got caught in a backlog of cases at the state’s mental health institute. It took months for the evaluation to happen and for the report to be written.

The competency report is now complete and is confidential, but nothing in the report prevents the trial from moving forward.

Prosecutors have argued that Kirk made a conscious decision to kill his wife because of financial and emotional issues in their marriage.

In May, the Kirk’s three sons filed a lawsuit against the company that made the edible pot candy and the store that sold it to their father. The lawsuit said the manufacturer and store failed to warn Kirk about the bite-sized candy’s potency and possible side effects — including hallucinations and other psychotic behaviors.

Representatives from both sides of the Kirk family were in the courtroom on Thursday but declined comment. As Kirk left the courtroom he flashed an “I love you” hand gesture to his brother.

This story was first published on

The Cannabist

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