Son of slain Ordway counselor to face first-degree murder charge.

A Kingston man accused of killing his father has been charged with first-degree murder, after prosecutors collected evidence that supports premeditation and intent.

Kitsap County Prosecutor Russ Hauge said, “We are confident that we can justify first-degree murder charges” in the case of Garrett James McKinstry, who is accused of repeatedly stabbing his father, Jeffrey Allen McKinstry, on Oct. 11 at the family home in Kingston.

Jeffrey McKinstry was a counselor at Ordway Elementary School on Bainbridge Island.

Hauge did not supply details about the case, saying only the charges had a basis in “biological evidence that supports premeditation and intent.”

Both Hauge and defense attorney David LaCross said the case will not come to trial for some time, partly because a judge must be selected.

Hauge filed an affidavit on Thursday saying that McKinstry would not receive a fair and impartial trial from Superior Court Judge Russell Hartman. LaCross, in turn, filed his own affidavit challenging the impartiality of Hartman’s designated replacement, Superior Court Judge Leila Mills.

Neither attorney supplied specific reasons for the challenges. Mills was scheduled to preside over a hearing Friday to determine the disposition of the case.

LaCross, who entered a not guilty plea on McKinstry’s behalf to the previous second degree murder charges, said the plea would be unchanged under the new charges.

The mandatory penalty for the charge is life imprisonment without parole. Hauge said the death penalty will not be sought in this case.