CRIME & COURTS

Des Moines man convicted in neighbor's death

Grant Rodgers
grodgers@dmreg.com
Patrick Kirwan, 31, of Des Moines, talks to his attorney Valorie Wilson after being found guilty of murder on Thursday, April 14, 2016, at the Polk County Courthouse.

A Des Moines man is set to spend at least 35 years in prison after being convicted of killing his neighbor, a move prosecutors claimed was fueled by jealous anger.

Jurors on Thursday afternoon convicted Patrick William Kirwan, 31, of second-degree murder in the death of Mark Hruska, who was found dead in the doorway of his home on March 1, 2015. Prosecutors argued at trial that Kirwan shot the 35-year-old because he believed Hruska and his girlfriend were having an affair.

But defense lawyers said the shooting was triggered by Kirwan's battles with mental illness and post-traumatic stress disorder that was developed over the 15 months he served in the U.S. Army in Iraq. They urged jurors to find Kirwan not guilty by reason of insanity, a verdict that would have put him in psychiatric care instead of prison.

"We're disappointed in the verdict, but we recognize that this is a sad and tragic case for all parties involved," said defense attorney Valorie Wilson, chief of the Des Moines office of the state public defender. "This case is a perfect example of how important it is for returning veterans to get the help they need from the VA."

Evidence at trial showed Kirwan sought help at U.S. Department of Veterans Affairs facilities, but his lawyers argued the treatment did not quell his PTSD or schizoaffective disorder — a condition that can cause delusions and hallucinations. Kirwan served at a forward operating base south of Baghdad, and attorneys said he experiences firefights and bomb explosions during his deployment.

Kirwan will be sentenced at a hearing on June 3. He will face a maximum prison sentence of 50 years, and must serve 35 years before being eligible for parole.

Hruska's family members who were in the courtroom for the verdict declined to speak with a reporter after the verdict.

"We felt we had evidence to support first-degree murder and that's why we pursued it," said Assistant Polk County Attorney Michael Hunter. "But I have complete respect for juries and the work they do."

Hunter and prosecutor Michael Salvner argued at trial that Kirwan shot his neighbor hours after his girlfriend moved out of the house they shared on East Diehl Avenue. The prosecutors admitted that Kirwan suffered from mental health troubles, but said he showed specific intent to kill Hruska when he brought a loaded gun to his house.

Kirwan's defense attorneys argued that he went to the home to purchase marijuana from Hruska, and an interaction between the two triggered a "fight or flight" response that ended with the shooting.