Court orders in-person appearance for suspect in Kissimmee triple homicide

OSCEOLA COUNTY, Fla. - A judge has officially ordered a man accused of killing three tourists in Kissimmee to appear in person for his arraignment after he first refused. 

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.

FOX 35 spoke with legal experts on the complexities of the case—specifically, whether Bojeh’s documented mental health history will prevent prosecutors from seeking the highest penalties.

A History of Mental Illness

FOX 35’s Marie Edinger spoke with Migdalia Perez, the attorney who represented Bojeh during a 2021 attempted murder case. In that instance, Bojeh was found not guilty by reason of insanity.

Perez paints a picture of a man governed by his clinical condition:

While Bojeh was under the supervision of Park Place Behavioral Health, Perez suggests the system failed him. She notes that the facility allegedly did not report to the courts when Bojeh stopped taking his medication months ago. When asked if she expects the defense to pursue an insanity plea again, Perez responded, "Why wouldn't they? I mean, this young man is mentally ill."

The Path to First-Degree Murder

Currently, Bojeh is facing three second-degree murder charges. 

Lopez said this could be a death penalty case unless there's consideration about Bojeh's mental illness, she told Edinger. A person may only face the death penalty in Florida if their murder charge is first-degree. 

However, the severity of the charges—and the possibility of the death penalty—hinges on the State Attorney’s ability to prove premeditation.

Key Differences in Charges

Criminal defense attorney Michael Panella, who is not affiliated with the case, explained that the distinction between first and second-degree murder is if the murder was plotted. 

"The mental state is what changes something from first-degree murder to second-degree murder to even manslaughter," Panella noted.

Panella suggests the state faces an uphill battle if they want to pursue a capital case.

 "I think it's going to be very difficult for the state to prove, frankly, intent, planning, and purpose, especially if he had a mental health diagnosis previously."

What's next:

The Osceola County Sheriff’s Office is currently finalizing its investigation. Once complete:

Evidence Transfer: Evidence goes to the State Attorney’s Office.

Grand Jury: Prosecutors will present the case to a grand jury.

Indictment: The grand jury will determine the final charges and whether the death penalty is on the table.

Bojeh's in-person arrangement is set for Feb. 18.