Roeland Park homeowner previously tried to evict man suspected of his murder

ROELAND PARK, Kan. — The Johnson County District Attorney’s Office charged a suspect with first-degree murder after police found a man dead in a Roeland Park home in late July.

Court records show Kerry Malone, 55, was charged with first-degree murder on Aug. 23 for the death of David Stark, 65. Malone was arrested on Tuesday, a criminal complaint shows that investigators say the killing happened on July 18.

In a report from Roeland Park police, officers responded to a call on July 20 concerning a welfare check near 49th and Briar.

Upon arrival, police found Stark dead inside a home, causing them to launch an investigation. Officers secured the scene, and the investigation was turned over to the Johnson County Investigative Unit and Medical Examiner’s Office. His cause of death has not yet been released.

Since his wife’s and son’s previous deaths, neighbors say Stark had been known to let people stay with him.

“Dave had a really big heart and he always wanted to help,” one neighbor said.

Court records show in 2022 he filed a complaint against Malone and a woman who were living in his Briar Street home without a lease, requiring them to vacate the premises within three days. The order was granted.

Before Tuesday, nobody had been arrested and neighbors weren’t even sure if it was foul play. But they had their suspicions.

“They all kind of had an agenda, of a place to stay and I don’t how much they took advantage of him, so this was the worst case scenario of how it could have gone,” the same neighbor said, who asked not to be identified.

A Johnson County judge issued a warrant for Malone’s arrest for first-degree premeditated murder and the 55-year-old was taken into custody Tuesday.

“Somebody needs to pay for what occurred to David, so, glad the cops could find some resolution for the family,” a different neighbor said.

What’s still unclear is what led up to what prosecutors describe as an intentional pre-meditated killing.

“It’s awful, that’s absolutely not what he had in mind when he had decided to invite them in to give them a home and give them food and take care of them.”

Malone made his first court appearance on Wednesday afternoon and has his next court date set for Sept.12. He’s being held on a $1 million bond.

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