by Tana Michaels
SAGINAW – We may never know the true story of what lead to the August 2007 murder of 69-year-old Perceptions member Charles "Chuck" Darr of Saginaw, if Michael S. Kerr has his way.
Kerr, 37, of Pinconning, met with his attorney, Eldor R. Herrmann, and Judge Fred L. Borchard in closed chambers last month where Kerr sought to strike a deal.
Kerr will plead no contest to second degree murder, arson to a dwelling and carjacking in exchange for a 25-year sentence. The original first degree and felony murder charges carried life sentences.
If the court doesn't agree with the sentence, Kerr will be allowed to withdraw the plea and proceed to trial.
Preliminary trial testimony placed the defendant and Darr naked in bed together in what original defense attorney, Edward Czuprynski, painted as a sex for drugs story.
It's an idea that Darr's best friend, Gary Knight, has always objected to. "As well as I know Chuck, I cannot believe that," Knight said in a recent interview. "I heard from Chuck constantly about his total disdain for drugs."
The then 35-year-old Kerr admitted to officers that he had an altercation with Darr after changing his mind about having sex with him. He returned to the house days later and lit a fire to destroy evidence and commit suicide. Kerr was found in the smoke-filled first floor bathroom.
Darr's naked body was found by police wedged between the bed and the wall of his bedroom. Autopsy reports show strangulation as the cause of death.
Czuprynski thinks the judge will grant the plea bargain. "I think the court will approve the deal because it's reasonable under the circumstances," he said. The court "will see it as a drug-induced crime," he concluded.
Barb Arbuckle worked with Darr where he volunteered at the Greenhouse Gathering Place in Saginaw. "Chuck didn't sell drugs," she said. "He's the guy that brutally died and they're making him into the bad guy."
For those close to Darr, 25 years doesn't seem at all reasonable.
"We all miss Chuck every day and that he's (Kerr) able to plea out for less than pre-meditation is hard for me, but I'm glad that there's some kind of closure," Arbuckle added.
Knight agreed. "Strangling somebody to death sounds so brutal, so vicious, that I can't believe that 25 years is sufficient punishment."
Sufficient or not, if judge Borchard accepts the arrangement, it will conclude a very long wait for justice for the friends and family of Charles Darr. Sentencing was scheduled for Oct. 7.
