The crime goes unsolved. The searches continue for months, but Kirkley has not yet been found. The same day, David Malinski is arrested on a burglary charge after his wife told police he may be involved with the burglaries and possibly the disapearance. A murder charge is filed against Malinski. Additional charges of criminal confinement and criminal deviate conduct are filed after police find pictures that reportedly show Kirkley being sexually tortured to death.
Prosecutors also file death penalty request.
Attorneys ask that charges be dropped. Charges, however, are not dropped. Prosecutors announce they will no longer seek the death penalty, saying questionnaires from potential jurors show a negative view of the death penalty. Malinski declined to speak on his own behalf at the sentencing.