“He’s not a threat to you, not your opponent in that situation.”
Miles claimed he had a vague memory of the events leading up to Kutcher’s death, but phone calls and messages filed as part of the prosecution case show he told his longtime girlfriend he remembered standing by the 51-year-old’s side and even believed It could be a dream.
“I don’t remember. I really can’t. I don’t remember what was done,” the text read.
“I remember standing next to pr–k and being proud of it.”
The court heard that Miles, who had known Couch for two years and even lived with him for three months, went back to bed at his parents’ house that night before telling his mother he had “done something bad”.
It wasn’t until his father heard about the murder on the radio the next day that he convinced Miles to accompany him to the Joondalup police station, fearing he was somehow involved.
The court was told Miles had a strained relationship with his father and had been abusing drugs and alcohol over the years.
A medical evaluation, presented as evidence, suggested Myers wanted to appear more serious than he really was, but concluded he may have a personality disorder and an autism spectrum disorder exacerbated by drug use.
However, Judge Lundberg said he was satisfied there was no medical evidence to suggest a causal link between his disability and the offending.
The court also found it unlikely the attack was premeditated.
In a victim statement read to the court, Kuch’s mother described the devastating impact the tragedy had had on her life, as she was unable to stay at home and had to come to terms with burying her son.
Kuch’s brother and sister-in-law also detailed the emotional toll the murder took on their family, which Judge Lundenburg believes will be lasting.
The 37-year-old initially pleaded not guilty to the murder, but changed his plea in February.
Miles was sentenced to life in prison with a minimum term of 21 years after Judge Lundberg found him completely unrepentant.
This deadline is retroactive to May 2, 2021.