‘Stand your ground’ argument rejected; Lexington teen to stand trial in Dutch Fork student’s death

The teen who stabbed a Dutch Fork High School student to death last year after a basketball game in an eatery parking lot won’t be able to avoid trial for murder.

Judge Thomas Russo has ruled that Kierin Dennis, whose lawyer had argued that Dennis was entitled to “stand your ground” immunity from prosecution in the killing of Da’Von Capers, will not get that immunity.

Dennis is charged with one count of murder and one count of possession of a weapon during the commission of a violent crime.

Dennis’ claims of being in fear of his life because Capers was supposedly trying to enter his SUV are “not credible,” Russo wrote in a 10-page legal opinion filed in the Lexington County clerk of court’s office.

In November during a three-day hearing, Russo heard from more than 20 witnesses to the deadly encounter. Witnesses included current and former students at Dennis’ Lexington High School and Capers’ Dutch Fork High.

Dennis also testified, explaining how he feared for his life when a group of Dutch Fork students including Capers approached his SUV. The two schools are rivals, and tensions among students were running high that night.

At the hearing, both sides agreed on some central facts: Dennis had stopped his Ford Explorer SUV in the Cook-Out parking lot in Lexington and a half-dozen unarmed Dutch Fork teens, including one female, gathered at his driver’s side window and were yelling at him. Then Dennis grabbed a long commando-style knife from within his SUV and stabbed Capers, who was standing outside the vehicle.

After Dennis stabbed Capers, and Capers fell dying to the ground before shocked friends, Dennis drove off. He testified he didn’t know he had delivered a fatal blow.

The entire encounter had taken around a minute.

Prosecutors are Shawn Graham and Rick Hubbard. Dennis is represented by Todd Rutherford, a Columbia lawyer and state representative, who has been involved in several “stand your ground” defenses and helped write the state’s law.

“Obviously, we’re disappointed,” Rutherford said in an interview.

Rutherford noted the “stand your ground” issues can still be part of any appeal if Dennis loses at trial. But he said that if the Supreme Court ultimately rules that Dennis was entitled to “stand your ground” and should have been immune from prosecution, the trial will have been a waste of taxpayers’ money. A “stand your ground” defense should be immediately appealable before trial, he said.

Moreover, Rutherford said, “Stand your ground depends on perception, and Kierin Dennis obviously perceived a threat.”

This story was originally published February 12, 2015 at 2:23 PM with the headline "‘Stand your ground’ argument rejected; Lexington teen to stand trial in Dutch Fork student’s death."