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Bond Reduction Denied in Bellaire Murder Case

Photo by Robert A. DeFrank David Carl Kinney, left, accused of fatally shooting Brad McGarry in Bellaire, consults with his defense attorney, Chris Gagin in court Tuesday. Kinney’s request for a reduction of his $1 million bond was denied.

Bond will remain at $1 million for the man accused of shooting Brad McGarry to death in his Bellaire residence.

David Carl Kinney, 30, of Brilliant is charged with murder with a firearm specification. His defense attorney, Chris Gagin, brought more than a dozen motions before Judge Frank Fregiato during a hearing in Belmont County Common Pleas Court on Tuesday, including the bond reduction request.

Kinney’s next hearing is set for July 6, when the question of suppressing evidence from Kinney’s five-hour police interview will be reviewed. His trial date remains set for July 18.

On the day of the murder, May 7, Kinney contacted police and said he found McGarry’s body while visiting McGarry’s home. Kinney’s wife and daughter accompanied him on the visit. He was arrested days later, after allegedly giving several conflicting stories under questioning by law enforcement and eventually claiming to have shot McGarry, 43, in self-defense.

Numerous friends and family members attended the hearing Tuesday in support of Kinney. Gagin requested that his client’s bond be reduced to $250,000, an amount Kinney’s family could raise. He called several witnesses to the stand, including Kinney’s wife, Cheri Kinney; his mother, Cathy Cline; his father-in-law, Bruce Butler; and his stepfather-in-law, Martin Marn.

They testified about Kinney’s character, saying he has always been honorable, hardworking and responsible, as well as a loving husband and father. Cheri Kinney said her husband has been a father to her three children for the past 10 years, despite not being their biological parent.

Gagin suggested a reduced bond could be paired with house arrest and electronic monitoring.

In cross-examination, Chief Assistant Prosecutor Kevin Flanagan questioned Cheri Kinney about the events of May 7, when David Kinney took her and their daughter to McGarry’s house. She said Kinney told her the reason for the visit was to return a weed trimmer.

“Did Mr. Kinney act like he expected to see Mr. McGarry at Mr. McGarry’s home on May 7?” Flanagan asked.

Cheri Kinney said her husband gave no indication anything would be wrong in the house. She described arriving at McGarry’s house, knocking, and finding the back door propped open, then entering and observing an apparently ransacked home before David Kinney went down to the basement and yelled at her to call 911.

“As soon as he yelled, I went down,” she said, then described seeing the victim. “He was laying facedown on the basement floor.”

Fregiato said the testimony about Kinney’s character did not justify a bond reduction.

“This defendant took his own wife and daughter into the … home, where there was a dead person there, under the ruse that he was just stopping by and didn’t know that was going on — basically lying through his teeth to his wife and his child,” he said.

Other motions filed by Gagin dealt with issues such as sharing evidence and a request that Kinney appear in civilian clothes and without restraints during future proceedings. These motions were granted or will be settled between the prosecution and defense.

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