BELMONT COUNTY, Ohio (WTRF) - The David Kinney murder trial has come to an end.
The jury began their deliberations in mid-morning and came back with a verdict in mid-afternoon on Tuesday. Tension was high in the courtroom as the jury came back in. When the judge read the verdict, you can hear people in the courtroom gasp and start to cry.
Four hours after they went out, the jury came back, then the judge read the verdict form, "First verdict form relates to aggravated murder. It states that we the jury duly impaneled and sworn find the defendant David Carl Kinney guilty of aggravated murder as charged in the indictment. Signed by all 12 individuals," Judge Frank Fregiato read aloud.
The defense asked that each juror be polled. They were and they all confirmed that was their verdict. Then the defense moved for acquittal, claiming insufficient evidence.
The judge said 'no', "So I respectfully over-rule that matter, that motion. I set this matter for sentencing Wednesday, February 14th at 10 a.m.," Judge Fregiato said.
Earlier the defense contended that Brad McGarry's death was a case of self-defense, that a scuffle broke out when Kinney and McGarry were arguing and McGarry had a gun.
The defense admitted that Kinney told a series of lies, "David didn't always tell the truth. That's true. And some of his actions, we are going to sit here and think that's kind of bizarre and that's true," said defense attorney, Chris Gagin.
But they said that didn't mean he's a killer. The prosecution said two bullets in the back of the head is not self-defense, "On the knees, going, putting it in the back of the head. First shot, top of the head, second shot the back bottom part of the skull," said assistant Belmont prosecutor, Kevin Flanagan.
The trial took seven days, the judge made a point of saying that David Kinney will await sentencing in jail, without bond.