Homicide investigated after man dies from assault injuries

SAN JOSE — Homicide detectives were investigating a reported assault last month at a Willow Glen home after a man died from injuries initially thought to be survivable, police said.

San Jose police were called at 4:25 a.m. on June 18 to an area hospital to a report of assault and battery, of a man who said he was injured by his roommate at a home in the 1100 block. of Roycott Way.

“At the time of the report and initial investigation, it was determined that the victim’s injuries were not life-threatening,” police wrote in a news release Tuesday.

But on June 27, the man died from his injuries, police said. He was identified by the Santa Clara County Medical Examiner-Coroner’s Office as 74-year-old Dan Horn. The coroner’s office determined that a broken sternal bone was a cause of death, indicating that Horn had been struck in the chest.

Two days later, police said they arrested Greg Kirk, 59, and he was charged with the murder the next day. Public records show the pair had lived at the Roycott Way home.

Jail records show Kirk was incarcerated at the Santa Clara County Main Jail on Friday and was due for arraignment on Tuesday. Kirk appeared in court but the arraignment was continued until Wednesday by Judge Robert Hawk, who sent Kirk back to jail without bail.

Police have not released the exact motive or circumstances of the alleged assault, which marks the 19th homicide of the year in San Jose.

But during the brief hearing, Assistant District Attorney O’Bryan Kenney told the judge there is a “documented history of abuse and torment of Mr. Horn” by Kirk, asking Hawk to keep Kirk in jail without bail until at least Wednesday.

Kenney said those connected to Horn, including Horn’s elderly mother, fear for their safety if Kirk is released.

Anyone with information for homicide investigators can contact Detective Sergeant. John Van Den Broeck at [email protected] or Detective Brian Meeker at [email protected], or 408-277-5283. Tips can also be left with Silicon Valley Crime Stoppers at 408-947-7867 or svcrimestoppers.org.

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