The Bethesda man convicted of murder after a worker died while digging tunnels under his house is facing a wrongful death lawsuit filed by the victim’s parents and the civil case has been delayed while the criminal conviction is appealed.
Daniel Beckwitt, 28, was sentenced to nine years in prison for the death of 21-year-old Askia Khafra in a September 2017 fire at his Bethesda home. A jury found him guilty of second-degree “depraved heart” murder and involuntary manslaughter in late April.
After a county Circuit Court judge denied a motion for a new trial, defense attorney Robert Bonsib filed an appeal of the decision in Maryland’s second highest court, the Court of Special Appeals.
Khafra’s parents, Dia and Claudia Khafra, filed a wrongful death suit against Beckwitt in county Circuit Court after their son perished in a fire he could not escape in Beckwitt’s cluttered basement.
Beckwitt was building a tunnel system under his Bethesda house fearing a North Korean attack, according to prosecutors and court documents.
Attorneys in the civil case agreed Friday to postpone proceedings for 90 days as the criminal case continues.
“I don’t think 90 days is going to have a Court of Specials Appeals decision, but we can do that right now,” Circuit Court Judge Cheryl McCally said in approving a delay.
An initial trial date in November seems unlikely, and the “try by” date of March 6, 2020, may also be in jeopardy, McCally said.
State law requires that a defendant be tried within 180 days of their initial appearance before the court, unless good cause is shown for delaying the proceedings.
Donna McBride , representing the Khafras, said the parents are eager to get civil proceedings moving, though she recognizes the difficulties faced by the defense as the criminal case unfolds.
The concern is taking the stand for the civil trial with a criminal case ongoing, McBride said.
Beckwitt has the Fifth Amendment right not to testify, but that could reflect negatively on him in the eyes of a jury, McBride said.
Defense attorney Walter Gillcrist declined to comment on whether Beckwitt will testify in the civil case, or if the criminal conviction will influence the civil trial.
Beckwitt is being held without bond in a county detention center. Online court records do not indicate the scheduling of his state appeals court proceedings.
Charlie Wright can be reached at charlie.wright@moco360.media
