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Killer Abuses Court System With Multiple Attempts to Get Out of Prison
Post 5178

Attempted Arson for Profit that Resulted in Death Requires Life in Prison

In Suresh Kumar v. United States, No. 1:22-cv-4874 (MKV), United States District Court, S.D. New York (August 26, 2025) Kumar, convicted of arson for profit where four people died sought to be let out of jail by filing a Habeas Corpus motion.

BACKGROUND

Suresh Kumar was convicted by a jury of multiple felonies for his role in burning down a hotel he owned for insurance money. Four people died, and fifteen others were injured. Kumar was only sentenced to life in prison.

Kumar pursued multiple previous challenges to his conviction and sentence, which have withstood both direct appeal and collateral attacks. Kumar now petitions for a writ of habeas corpus arguing actual innocence and citing Supreme Court cases.

THE CRIME

Suresh Kumar owned and operated a Howard Johnson hotel in Bowling Green, Kentucky together with his wife and her brother, Dave Sharma. In 1996, a fire destroyed the hotel, killed four people, and injured fifteen others. Kumar later filed an insurance claim seeking more than $4.5 million. A federal grand jury indicted Kumar and Joe Logan, a hotel janitor and the government also sought to arrest Sharma, who fled the country.

THE TRIAL

The government, at trial, argued successfully that Kumar and Sharma, together, had conspired to offer Logan money to start a fire, which Logan did. The jury convicted Kumar of all three counts with which he was charged:

conspiracy to commit arson;
arson resulting in death and aiding and abetting the same and
mail fraud.

Kumar was sentenced to life imprisonment. The sentencing court found that “Mr. Kumar acted knowingly or with awareness that his actions were practically certain to create a substantial risk of death or serious injury.”

Kumar filed a direct appeal, and the United States Court of Appeals for the Sixth Circuit affirmed his conviction and sentence. The Sixth Circuit considered and rejected Kumar's arguments. The Supreme Court of the United States denied Kumar's petition for certiorari. Thereafter, Kumar filed a petition for habeas corpus arguing that he had received ineffective assistance of counsel, among other things. The district court denied the petition, and the Sixth Circuit affirmed. Kumar v. United States, 163 Fed.Appx. 361 (6th Cir. 2006).

Kumar is now imprisoned at FCI Otisville, which is located in the Southern District of New York. He argued that he is innocent, at least with respect to his conviction for arson resulting in death, aiding, and abetting the same because he lacked the required mental state for intent.

Kumar contends he did not intend or know that the hotel fire would cause death.

DISCUSSION

The Court lacks jurisdiction to entertain Kumar's § 2241 petition. Kumar's § 2241 petition is precisely what the Supreme Court rejected as an “end-run” around the strict limitations on successive 2255 petitions imposed by AEDPA.

Kumar argued that the trial court should have instructed the jury to determine if Kumar was willing to aid and abet. There is no authority for Kumar's proposed instruction.

There is absolutely nothing unusual about a defendant arguing that a sentencing court should have applied a downward departure or that a trial court should have instructed the jury differently.

In essence Kumar is asking that after serving 27 years in prison and at the age of approximately 70, Kumar has served enough time in prison.

Of course, the Court has no authority to commute his sentence.

The petition for a writ of habeas corpus was DENIED and the case was DISMISSED.

ZALMA OPINION

Arson for Profit is the most evil and violent form of insurance fraud. In this case, an attempt to gain $4.5 million in insurance proceeds, Kumar conspired with others to cause his hotel to burn killing four guests and injuring fifteen. He was convicted and sentenced, properly, to life in prison. Since his sentence he has filed multiple appeals and petitions all of which failed. It is understandable that he wants out of prison but his crime required life in prison and he will die in prison complaining every day to any court willing to listen to him.

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