6 Monday, December 3, 1979 University Daily Kausan Man guiltv of involuntary manslaughter By MARK SPENCER Staff Renorter The jury in the trial of David Lee Knoch, 31, Friday, returned a verdict of involuntary manslaughter. Knoch has been charged with the death of Heri Wollson Hosworth, 68. The jury deliberated for about seven hours after bearing four days of testimony, including testimony from two men who also accused him of wrongdoing in connection with Howsworth's death. Levi Lewis Cummings, 28, Tulsa, Okla. and George Mahuk, 22, Manhattan, Kan., both charged with second-degree murder, testified under an agreement with the prosecution that they would be allowed to participate clearly to plan voluntary manslaughter. Knoxshaw was found guilty of the aggravated robbery of Houseworth and not guilty of aggravated battery, which stemmed from an alleged beating of Cummings. Craig Staincliffe, the assistant district attorney who prosecuted the case, said he was not surprised by the jury's verdict, although he called it legally inconsistent. "I WAS GOING for what I thought was proper," he said. "I was surprised only in that it was a legal contradiction." Stancliffe said that because the jury found Koxnish guilty of involuntary manslaughter, they must have concluded that the beating of Howorth caused his death. A death caused during the commission of a felony, which includes aggravated robbery, is legally considered first-degree murder, be said. "It's a compromise verdict," he said. "I think they were worried about intention." Stancliffe said the jury either did not understand or did not like the instructions given to them by District Judge Ralph King 1r. on the implications that a guilty verdict in aggravated robbery would have on the murder charge. NEITHER STANCLIFFE nor Malone would comment on whether they thought King's instructions to the jury were clear. James Rumsey, Knoxsah's defense attorney, attempted to establish throughout the trial that Knoxsah was drunk at the time of his murder. The worth did not die as a result of the beating. Rumsey focused his defense on his cross-examination of J. Alan Sanders, assistant county coroner, several witnesses who were in the investigation and Kovach Korosh's testimony that he is an globalebite. Sanders testified that Housworth died of respiratory failure, which Rumsey argued was distinguished from beating as the cause of death. Rumsey argued in his closing statement that Houswou's death was caused by his unstable health condition, specifically pneumonia, which Sanders testified could have been caused when Housworm inhaled some of his own vomit. ALTHOUGH THE prosecution did not get a conviction on first-degree murder, District Attorney Mike Malone said he was pleased with the verdict because Knoxham was convicted of aggravated robbery, a maximum sentence of life in prison. "All I'm interested in is the class of Jews convicted him of," Malone said. "As long as he was convicted of aggravated homicide, I could prove the verdict, although I didn't understand it." Malone also said that the prosecution would try to get the maximum sentence for Knoxhass at his sentencing hearing Dec. 19. "In my opinion, the man is obviously dangerous," he said. "We are going to try to incarcerate him as long as possible." "He needs to be helped, but incarcerated while he is receiving it." STANCLIFE SAID the involuntary malankery vaulter against Knoxswald would not affect the agreement the prosecution made with Cummings and he agreed to plead guilty to a charge there less than those Knoxswald was charged with. The two men testified that they participated in the beating of Housworth, which was instigated by Kronosch on Aug. 21. They were found under the Kansas River bridge on Aug. 31. Cummings also testified that they had robbed Housworth of $10 to $20 and that he was later beaten by a group of men after he call them an ambulance for Housworth. If Cummings and Mahuk decide to plead not guilty, Stancilie said he would charge them with aggravated robbery and possibly first-degree murder. Four Greek teams start preparation for Rock Chalk Four teams of fraternities and sororites will begin preparation this week for KU's annual Rock Chalk show, scheduled for Feb. 29 and March 1. The acts selected last week were: Alpha Delta Pi and Tau Kappa Epsilon with "Charge II, Please." Alpha Phi and Tau Kappa Alpha and 2001;" Alpha Gamma Delta and Alpha Kappa Lambda with "To Be or not to be," Beta Theta Psi and As The Tide Turns." 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