Victim Killed in Homicide Was Drunk Driving, Suspect Headed to Trial

A 49-year-old Falls Township man will be heading to trial on homicide, aggravated assault and related charges after a preliminary hearing before District Judge Jan Vislosky on Thursday afternoon.

Kevin Kenny, who lives in the Fairless Hills section, is alleged to have knocked 74-year-old John Fleisch to the ground during an argument over a minor car accident several months ago outside the Puss-N-Boots Tavern on Trenton Road. An autopsy revealed the fall lead to the man’s late July death, police said.

Falls Detective Steven Reeves revealed that a toxicology report revealed in court Thursday that Fleisch’s blood alcohol level was .308, which is nearly four times the legal limit to drive.

Puss-N-Boots bartender Loranie Hunnsberger said Fleisch, known to her as “Butchy,” did not appear drunk when she spoke with him. She added that he was in the bar for about an hour and was drinking Jack Daniels brand whiskey mixed with soda.

Despite the high level of intoxication, the prosecution presented surveillance video that showed Kenny pushing Fleisch. The shove lead to the 74-year-old falling onto the pavement and suffering the head injury that killed him in July, authorities said.

Beer sales representative Joseph Leahy, who was outside the bar setting up for a marketing event, said he saw the minor accident that sparked the incident and watched Kenny chase after the 74-year-old’s pickup truck. Leahy said Kenny was cursing before shoving the victim into the side of a truck the first time. Later, the sale representative said he went inside to alert bar staff to call 9-1-1 after Kenny asked him. He recounted that upon going outside he saw Fleisch laying on the ground injured.

Authorities noted that Fleisch was 5-foot-4 and Kenny is 6-foot-3.

About an hour after ambulance crews rushed Fleisch to St. Mary Medical Center in critical condition, Hunnsberger said Kenny came back in the bar and began repeating that he didn’t touch the Puss-N-Boots customer. When asked, Hunnsberger testified that Kenny began making the statement without being questioned about what transpired in the parking lot.

The video presented in court showed Fleisch attempting to cut through an open parking spot and striking Kenny’s truck. After a momentary stop, Fleisch’s truck slowly begins to drive away and Kenny begins chase.

After the two shoves that police and Leahy described, Kenny is seen calmly walking into the bar. In original court documents, police said Kenny “nonchalantly” walked into the bar.

Kenny, as his defense attorney pointed out, went back outside and placed a jacket under the injured 74-year-old’s head as bar staff and customers assist.

Fleisch was released from St. Mary Medical Center and went to several treatment and hospice centers before passing on July 26 at Chandler Hall in Newtown.

Patrolman George Thomas said the accident caused barely more than a paint transfer.

Kenny’s attorney Jack McMahon argued that the homicide charge was extreme and an involuntary manslaughter charge, which has a lesser penalty, would have fit better with the case.

“There was no intent to cause serious bodily injury,” McMahon said.

Prosecutor Nathaniel Spang countered by telling the judge that the first more minor shove wasn’t enough for Kenny.

McMahon also said that it was “ironic” that the alleged attack that killed Fleisch may have prevented a DUI related incident on the roadways.

Kenny was originally held on 10 percent of $55 million bail. Vislosky reduced that amount the next day to $5 million cash. More recently, a common pleas judge reduced bail to 10 percent of $2 million. According to court records, Kenny has been unable to post bail.

Related:

• Falls Man Charged With Homicide, Held on $5 Million Bail