Plea agreement in progress for fratricide homicide suspect

WILKES-BARRE — A Jackson Township man once deemed incompetent to face court proceedings for the fatal shooting of his brother in August 2023, is likely to plead guilty to a murder charge.

John James Kilpatrick, 34, appeared for a preliminary hearing before District Judge Brian Tupper at the Luzerne County Courthouse on an open count of criminal homicide Friday.

Pennsylvania State Police at Wilkes-Barre and Jackson Township police in court records say Kilpatrick fatally shot Kevin Matthew Kilpatrick, 30, inside their residence on Chase Road on Aug. 31, 2023.

As the preliminary hearing began, Assistant District Attorney Jonathan Dende said a plea agreement was reached with Kilpatrick and his attorney, Robert M. Gamburg, of Philadelphia.

Dende announced the plea agreement involves Kilpatrick to plead guilty to third-degree murder to be presented before a common court of pleas judge. With the plea deal in place, Kilpatrick waived his right to the preliminary hearing sending his case to county court.

If Kilpatrick opts not to plead guilty to third-degree murder, Dende noted, he will face trial on an open count of criminal homicide.

As the preliminary hearing was waived, Gamburg advocated for bail to be set for his client, telling Tupper that Kilpatrick has no prior criminal record and pledged he will appear at future court proceedings.

Dende said he was concerned that Kilpatrick’s parents primarily reside in Florida and no one will monitor a “medication regiment” to ensure Kilpatrick takes his prescribed medications.

Tupper denied modifying Kilpatrick’s bail as he will remain jailed without bail.

Kilpatrick was once deemed incompetent to face the criminal charge and was hospitalized at Norristown State Hospital for mental health treatment.

County Judge David W. Lupas in February deemed Kilpatrick competent in February that set the stage for Friday’s preliminary hearing.

After allegedly shooting his brother, Kilpatrick called 911 and waited for authorities in the driveway of the house. When a Jackson Township police officer arrived, Kilpatrick said the firearm he allegedly used was inside a safe.