UPDATE 2/14/18:
David Kinney has been sentenced to life in prison plus three years, with no possibility for parole.
Kinney was found guilty a week ago of aggravated murder in the shooting death of Brad McGarry last year.
During the week long trial, the court learned of a relationship between McGarry and Kinney, and even saw a video from the night Kinney claimed to have found Brad dead.
Wednesday morning, Judge Frank Fregiato recalled the many lies Kinney told to cover up the murder.
He allowed Kinney to speak in the courtroom.
“I would like to apologize to the McGarry family for all the hurt and pain I put you through. I never meant for any of this to happen, and I wish I could take it all back. I know all the apologies in the world will never bring him back, but I want you to know I truly am sorry for it all,” Kinney said.
“Defendant quote preplanned to kill Brad McGarry and ambushed him at the crime scene by repeated deceptive behavior on the day of the crime. He lured him with repeated promises of sex as we learned from the victim’s cousin. He staged the crime scene. He staged the entire afterwards. He staged and planted multiple, multiple things to cover this up,” said Judge Fregiato.
RELATED: Gallery gasps as David Kinney verdict is read aloud
There were four possible sentences the judge could have chosen.
Each sentence involved life in prison, but he could have chosen the possibility of parole after 20, 25, or 30 years.
The defense attorney asked for those possibilities, saying that Kinney was a “solid citizen” until May 7th.
Judge Fregiato said Kinney planned and carried out a cold-blooded execution, and could never be allowed in public again.
Stay with 7News for updates.
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UPDATE 2:59 p.m.:
David Kinney has been found guilty of aggravated murder.
His sentencing is scheduled for February 14th.
Stay with 7News for more details.
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ORIGINAL:
Closing arguments in the David Kinney murder case on Tuesday described the shooting death of Brad McGarry in two different ways: a carefully plotted murder versus a moment of self-defense during an argument and scuffle.
According to the prosecution, Kinney lured McGarry home with the promise of a “surprise” or a so-called “nap.”
The defense said Kinney was breaking off his physical relationship with McGarry, choosing to stay with his wife, and that he was only trying to defend himself when McGarry grabbed a gun and threatened him.
The prosecution argued that two shots in the back of the head are simply not self-defense. They said Kinney plotted the shooting, and told a web of elaborate lies.
The defense admits that Kinney lied, but insists that that does not mean he is a murderer.
Kinney was scheduled to testify on Monday on his own behalf, but the defense decided against it.
The case went to the jury at 10:25 a.m.
