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Attorney Convicted in ASU Student's Stabbing Death

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By Stephanie Rabiner, Esq. on April 07, 2011 3:58 PM

Well-known Arizona bankruptcy attorney Daniel Gukeisen has been convicted of manslaughter in the stabbing of an Arizona State University student, sources report.

Gukeisen was reportedly not present at court for the verdict, and a warrant has been issued for his arrest, according to Alex Morris' blog.

The charges against Daniel Gukeisen, 39, relate to a September 2008 argument that left Garrett Hohn, an Arizona State University student, dead.

On an early Friday in September 2008, Garret Hohn and a friend were outside of Gukeisen's downtown Tempe home when the attorney went outside to complain about the noise, the Arizona Republic reported.

A verbal argument erupted between the three men, but ended when Daniel Gukeisen reportedly stabbed the 22-year-old Hohn.

Hohn later died at the hospital.

During the manslaughter trial, Gukeisen argued that he went outside to protect his pregnant wife, as he thought that Garret Hohn was trying to break into his home, the Republic reported.

In Arizona, manslaughter can be defined as recklessly causing the death of another person, or committing second degree murder upon "a sudden quarrel or heat of passion resulting from adequate provocation by the victim."

Provocation is only adequate if it would cause rage or fear in a normal person, the defendant was actually provoked, and the defendant did not have a reasonable "cool off" time between the provocation and the killing.

It's unclear at this point whether the jury felt that Gukeisen was reckless in his behavior or that there was adequate provocation to downgrade the crime from 2nd degree murder. However, protecting one's pregnant wife from a break-in would normally be considered reasonably fear-inducing. It seems the jury did not agree.

As Daniel Gukeisen was not in court for the verdict Wednesday, as Alex Morris' blog reports, his whereabouts remain unknown.

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