Prosecutors charge Kissimmee triple homicide suspect with second-degree murder

OSCEOLA COUNTY, Fla. - A triple-homicide suspect is being charged with three counts of second-degree murder. 

Though the alleged actions of Ahmad Bojeh – resulting in three men being shot and killed – were described as "cold-blooded" and "premeditated," the state attorney's office is charging Bojeh with second-degree murder. 

Here's why. 

What we know:

Ahmad Jihad Bojeh, 29, is accused of killing three people in Kissimmee on Jan. 17.

Three men visiting from Michigan and Ohio and staying in a Kissimmee rental home were shot and killed on Jan. 17. These men were later identified as brothers Robert Luis Kraft, 69, of Holland, Michigan and Douglas Joseph Kraft, 68, of Columbus, Ohio and their friend James Puchan, 68, from Ohio, who were in Kissimmee attending a Mecum Car Show.

Read more: 'A random, tragic act': 3 tourists dead in 'senseless' Kissimmee shooting

Bojeh ran into the neighboring home after the shooting, witnesses told deputies. While deputies were executing a search warrant for blood, Bojeh loudly refused compliance, demanded an attorney and physically tensed and resisted, an arrest affidavit said. He continued to yell slurs and profanities at law enforcement, the affidavit said. 

Deputies also found two pistols hidden under his bed. Those guns matched the .45 and .38 caliber rounds deputies say they found at the crime scene.

The charging controversy

What they're saying:

When Bojeh was first brought into jail and had his first appearance in front of a judge, he was informally charged with first-degree murder. 

Sheriff Chris Blackmon also said the murder was planned ahead of time. 

"It's cold-blooded, it was premeditated," Blackmon told FOX 35.

However, State Attorney Monique Worrell’s Office filed paperwork charging Bojeh with second-degree murder. However, this may not be the final word. The State Attorney’s Office clarified that the decision to escalate to first-degree murder rests with a Grand Jury.

In a statement, Worrell's office said, "We recognize the profound loss involved in this case and extend our condolences to the families of the victims. Our office remains committed to a careful, thorough review of the evidence and to ensuring the integrity of the legal process."

First-Degree vs. Second-Degree: What’s at Stake?

The distinction between these charges is more than just semantics – it dictates the severity of the punishment. According to criminal defense attorney Michael Panella, the core difference lies in intent.

• First-Degree Murder: Defined by plan, purpose, and premeditated intent.
• Second-Degree Murder: Defined by a "depraved mind" acting without regard for human life, but without necessarily planning the act ahead of time.

Will Bojeh be given the death penalty? Crucially, the charge level dictates the possibility of capital punishment. 

"In Florida, you cannot seek the death penalty unless someone is charged with first-degree murder," Panella explained. While State Attorney Worrell has expressed a moral opposition to the death penalty, she has pursued it in specific cases previously.

Upcoming status hearing

Judge Wayne Wootey said Bojeh refused to be transported from the Osceola County Jail to come to court for a status hearing Thursday revolving around his 2021 attempted murder case. He was found not guilty by reason of insanity in that case, and was let out into the public on a conditional release order.

"There is a legally sufficient basis to take the defendant into custody," Wootey said. 

In 2021, Bojeh was found not guilty by reason of insanity. 

He was released under a few conditions, including not being allowed to possess any guns.

Despite this, the Osceola County Sheriff’s office said it found two guns under his bed during the triple-murder investigation. 

Further conditions also stipulated that Bojeh show up for mental health appointments and take his medication. The State Attorney’s Office says he stopped doing that a few months ago because his treatment became too expensive.

Read more: State attorney says triple-murder suspect’s conditional release violation went unreported: Who’s responsible?

In that case, the judge also organized for another hearing. 

"On the issue of whether he poses a current danger to the community sufficient to commit him to a state forensic facility," explained Judge Wootey.