The indictment charging Timothy Kuhn with two felonies in connection with the 2004 death of an 8-year-old girl in a house fire has been dismissed, according to the Monroe County District Attorney’s Office.
Kuhn in 2023 lived in Florida when he was charged with second-degree murder and first-degree arson, both felonies, in connection with Savannah Streber’s death. State Supreme Court Justice Stephen T. Miller dismissed the indictment in court on the morning of Oct. 7 as Kuhn’s jury trail was scheduled to begin. The dismissal stemmed from a recordkeeping issue within the initial investigation, according to the Rochester Police Department.
Kuhn, now 65, was accused of intentionally setting a fire on the back porch of the home shortly after midnight, according to police.
Authorities learned last week that, in 2005, investigators received information indicating Kuhn was the suspect, “but the court ruled was insufficiently documented or acted upon,” officers said. Ultimately, this ruling led to the dismissal, officers said in a news release.
Kuhn’s lawyer Kyle Steinebach bristled over the description that the indictment was dismissed due to a recordkeeping issue. The investigation, he said, “was hampered by years of inaction, neglect and disregard for basic due process.” He said that investigators failed to act on “critical information” they allegedly had for years.
“This case represents one of the most alarming breakdowns of investigative responsibility we’ve seen in recent memory,” Steinebach said in a written statement. “For nearly two decades, the police sat on information they themselves deemed critical. Then, when it finally resurfaced, they tried to report it as recently obtained information.”
No case, he said, “can stand when built on delay, inaction, and deception.”
Kuhn was released from the Monroe County Jail the afternoon of Oct. 7. He was confronted by Streber’s family as he walked out of the jail.
Savannah Streber’s death
Savannah, then an elementary student at Rochester’s School 39, died in the fire at 17 Yates St. early Feb. 28, 2004. Savannah and her younger sister were at home with a babysitter and the sitter’s 11-year-old son when the fire erupted, according to Rochester police. The girls’ mother, Lisa, was working at the time and was not at home.
Some Yates Street residents that night reported hearing a loud noise, then noticed 17 Yates was on fire, Rochester Police Chief David Smith, said at a news conference in January 2024. The sitter’s son woke up to the blaze, told his mother of the fire and ran to a neighbor’s house for help.
The sitter rushed to wake the girls, but realized once she was outside that Savannah was not longer with her. Savannah’s body was later recovered from her mother’s bedroom. Investigators believed the girl likely ran into the room to look for her mom.
Savannah’s mother, Lisa, and Kuhn had been in a volatile relationship, Smith said. Lisa Streber at the time of the fire possessed a “no contact order of protection” against Kuhn following an assault, according to police.
District Attorney Brian Green’s statement on the dismissal
“This morning, at the defendant’s request, Acting New York State Supreme Court Justice Miller reopened the Singer hearing in the case of the People of the State of New York vs. Timothy Kuhn. The defendant made the request in light of new information that Assistant District Attorneys in this office discovered related to the initial investigation of this case that occurred in 2005. Pursuant to our legal and ethical obligations, the Assistant District Attorneys prosecuting this case turned that information over to the defense. This disclosure triggered defendant’s speedy trial rights protected by the Constitution of the United States of America. Accordingly, Judge Miller dismissed the indictment. The dismissal is not a reflection on the merits of the case or the sufficiency of the evidence.
“When I took office, I swore to uphold both the State and Federal Constitution. Every Assistant District Attorney in this office took the same oath. Despite the outcome of this case, I am proud of the tireless effort the staff in this office put into this case, and especially so of the Assistant District Attorneys who followed the law and the ethical rules that prosecutors have to live by, knowing what the outcome of doing so likely would be.
“I cannot imagine how frustrating and painful today’s events must be for the family of Savannah Streber. It is heartbreaking that there can be no accountability for Savannah’s death. That being said, threats of violence to public officials have no place in the discourse of this country, and threats made to the staff of this office will not be tolerated.”
Statement from RPD on the dismissal
“We are saddened and dismayed to learn that the charges against Timothy Kuhn have been dismissed due to the Judge ruling that there was a record keeping issue within the initial investigation, in 2005.
“Beginning in 2018, the Major Crimes Unit began reviewing the cold case file into the 2004 brutal murder of 8-year-old Savannah Streber. During this review, information was uncovered that led to the 2023 arrest and indictment of Timothy Kuhn.
“Last week, it was learned that in 2005, Investigator(s) received information indicating Kuhn as the suspect but the court ruled was insufficiently documented or acted upon. Ultimately, this ruling led to today’s dismissal of the charges.
“One of the challenges of cold case investigation is working though outdated technology and recollections of incidents, that in this case, occurred over twenty years ago. Since 2005, the Rochester Police Department has implemented multiple record keeping technologies, as well as adjusted policies and procedures to ensure all investigative documentation is submitted electronically and is trackable for years to come. This includes, in the last several years, checklists that have been added to every arrest to ensure that every piece of documentation, including hand-written notes, are entered into our electronic database. We will be reviewing these procedures on a department wide level in order to continue preventing incidents like this from happening again.
“Despite today’s deeply saddening setback, our Major Crimes Unit will continue to investigate cold cases and will do everything within our power to hold violent offenders accountable for their actions. Our hearts go out to the Streber family during this difficult time.”
This article originally appeared on Rochester Democrat and Chronicle: Charges dismissed in 2004 Rochester house fire that killed 8-year-old girl
Reporting by Victoria E. Freile, New York Connect Team / Rochester Democrat and Chronicle
USA TODAY Network via Reuters Connect
