The Pennsylvania Supreme Court recently denied Chad Kirby’s request to review a lower court’s decision, effectively ending his current quest for a new trial in the August 2009 shooting death of his neighbor.
In June 2011, Franklin County (Pa.) Court of Common Pleas Judge Richard Walsh, who has since retired, granted Kirby a new trial and vacated his sentence, then the Pennsylvania Superior Court overturned that order a year later.
A one-line document from the Pennsylvania Supreme Court dated June 5 stated the “petition for allowance of appeal is denied,” referencing Kirby’s request to review the Superior Court’s decision.
Kirby, 41, had claimed ineffective trial counsel after the October 2010 verdict.
He was convicted of voluntary manslaughter after shooting his neighbor, Andrew “Santo” Buttermore, in a fight outside their homes in the 2300 block of Lindsay Lot Road in Southampton Township, Pa. Buttermore, who is alleged to have broken a window at Kirby’s home with a baseball bat, suffered a fatal gunshot wound in his back.
Kirby is serving a six- to 12-year sentence in state prison.
“Given the issues which were left, it was the proper determination. The district attorney’s office is happy that justice will be allowed to continue its course,” Franklin County District Attorney Matthew D. Fogal wrote in an email about the Supreme Court’s denial.