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ST. CLAIRSVILLE -- After Monday jury selection, the murder trial of David Carl Kinney begins today with opening statements by the prosecution and defense, as well as testimony from the witness stand.
Kinney, 31, of Brilliant, is accused of shooting Brad McGarry, 43, to death at McGarry's home in Bellaire on May 7. Kinney has maintained that he acted in self-defense after McGarry produced a firearm.
Kinney called law enforcement to report finding McGarry's body while visiting the house with his wife and daughter, but suspicion fell on Kinney during an interview at the sheriff's office on May 9. According to investigators, during the course of the interview Kinney gave several conflicting stories under questioning and eventually claimed to have shot McGarry in self-defense.
Investigators believe a romantic relationship existed between Kinney and McGarry.
During previous hearings, Fregiato ruled Kinney's interview and interrogation admissible at trial. He also ruled Kinney's diagnosis of acute stress disorder was admissible, which defense said may have impacted his actions after the incident.
The murder weapon in the case has not been found.
Monday's jury selection process took place in a crowded Marian Hall at St. Mary's Church, St. Clairsville. Prospective jurors were asked questions about their knowledge of the case and any of the parties involved. They were also questions about their knowledge about different types of guns, as well as the prospective jurors' ability to make decisions based on the parameters of the charges.
The questions also touched on whether prospective jurors would set aside any personal feelings they might have on the subject of same-sex relationships while evaluating the facts of the case. While the relationship between Kinney and McGarry is expected to come up in the course of the trial, Fregiato said these issues are not to factor into decisions of guilt or innocence.
"You can be heterosexual and a murderer, or you can be homosexual and not a murderer," Fregiato said. "They're not related at all."