John James Kilpatrick shown when he was arrested on Aug. 31, 2023. Ed Lewis | Times Leader
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WILKES-BARRE — A Jackson Township man once deemed incompetent to face a criminal homicide charge for the fatal shooting of his brother in August 2023, will have the benefit of a preliminary hearing.
John James Kilpatrick, 34, appeared before Luzerne County Judge David W. Lupas for a status conference Friday in a routine procedure to determine if the case can return to the magisterial district court level.
Lupas in February deemed Kilpatrick incompetent to face the homicide charge as he was sent to Norristown State Hospital for mental health treatment. Kilpatrick was released from the Philadelphia area hospital in early June as Lupas determined he was well-enough to face a preliminary hearing and understand the criminal charge against him.
Pennsylvania State Police at Wilkes-Barre and Jackson Township police in court records say Kilpatrick called 911 saying, “i killed my brother,” on Aug. 31, 2023.
A Jackson Township police officer was first to arrive at Kilpatrick’s residence on Chase Road finding Kevin Matthew Kilpatrick, 30, deceased inside.
A firearm was found inside a safe and two shell casings were recovered from the kitchen, court records say.
Kilpatrick’s preliminary hearing was scheduled later Friday for Aug. 23 to be held at the courthouse and presided by District Judge Brian Tupper of Kingston Township.
Attorney Robert Marc Gamburg of Philadelphia is representing Kilpatrick.