Lawyer: Teen had right to be in barn

Liz Mitchell / Culpeper Star Exponent
Published: May 8, 2007

Mike Sgarlat, an Alexandria attorney, says there is a bigger story to the facts surrounding his Woodbridge client charged with attacking a Culpeper woman in her barn.

Kevin C. Kline, 18, appeared in Culpeper County Circuit Court Tuesday for a bond hearing.

He is currently under house arrest in Woodbridge and living with his father.

Kline faces felony charges of malicious wounding, breaking and entering and attempted abduction.

During court proceedings, Assistant Commonwealth's Attorney Dale Durrer asked Judge John R. Cullen to revoke Kline's $15,000 bond. It was the commonwealth's third attempt to oppose bond in Kline's case and on appeal in Circuit Court.

"Because of the serious nature of the crime and the fact that the victim is shaken, we ask he be held without bond," Durrer said.

Cullen ultimately denied the motion but not before hearing an animated account of Kline's perspective on the assault that left him bloody and missing part of his lip, which was found at the crime scene.

Authorities say Kline entered the barn March 31 on Allaway Road around 6:30 a.m., wearing latex gloves and wielding a stun gun.

The 56-year-old homeowner went into her barn that morning and was thrown to the ground, hit in the face and head and also kicked. She suffered injuries to her elbow and was struck in the neck with a stun gun.

During the assault, the woman's pit bull attacked Kline - causing his lip laceration.

He ran into a cottage adjacent to the barn when he heard another voice. The victim then yelled to her friend, a retired law enforcement officer, to call 911 and Kline tried to escape. The retired officer detained him for a short time but had to let Kline go when he said he had a gun.

Kline fled the barn and left in his truck. He drove - without a license - to San Diego to visit his mother and grandmother.
Sgarlat said Kline was legally allowed to be at the barn. His mother and he were leasing property from the homeowner and alleged victim. The lease didn't expire until April 30.

Sgarlat said the lease was contentious. The homeowner required the mother to pay up front and put many regulations on she and Kline.

"These people got their rent and didn't want them anymore," Sgarlat said.

Kline wanted to get his tools and his mother's clothes, Sgarlat said.

The homeowner told Kline and his mother that the locks had been changed and to come to her to get his property. But Kline took it upon himself to obtain it.

Sgarlat said that Kline claims the barn owner "sicced the pit bull on him."

"He got his lip ripped off," Sgarlat said. "He was scared of the pit bull and ran away."

In arguing the commonwealth's motion, Sgarlat said Kline graduates from high school in June, has no criminal record or history of violence and has learning disabilities that require him to take special education classes.

His mother now resides in Woodbridge and Kline has no reason to come to Culpeper anymore, Sgarlat added.

Cullen retained Kline's previous bond and reminded him not to return to Culpeper except for court appearances or with his attorney.

He is next scheduled to appear in General District Court June 7 at 11 a.m.

Liz Mitchell can be reached at 825-0771 ext. 110 or