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More details surface in Bellaire murder case

Accused killer David Kinney appeared in court on Thursday for a preliminary hearing. He’s suspected of the May 7 murder of Brad McGarry in McGarry’s home on Wagner Avenue in Bellaire.

Accused killer David Kinney appeared in court on Thursday for a preliminary hearing.

He’s suspected of the May 7 murder of Brad McGarry in McGarry’s home on Wagner Avenue in Bellaire.

Law enforcement conducting the investigation testified, and prosecutors focused on some contradictions in the suspect's story.

"Lie, after lie, after lie occurred until eventually he admits to shooting the victim," Prosecutor Kevin Flanagan said.

Officer Hank Martin with the Bellaire Police Department was the first officer on scene after Kinney's wife called 911.

Martin saw Kinney, who he says was visibly upset, when he arrived.

"He had a concealed carry permit and he had a firearm on his person," Martin said.

Martin says Kinney had a .40 caliber gun on him, which he took. Then the officer went downstairs to the basement.

"I seen Mr. McGarry laying face down, hole in the back of his head, which I believe is the gunshot wound,” Martin said.

Two gunshot wounds were later found, with no gun in sight. Police are still looking for the .22 caliber gun used.

The officer says Kinney's first written statement indicated he went to McGarry's home to return a weed-eater and then found McGarry's body.

But then, Detective Ryan Allar with the county sheriff's office read a second statement from the suspect on May 9 about an argument between him and McGarry.

"I started to tell him what we can no longer see each other in any other way but being friends, and we started arguing," Allar said.

Kinney goes on to say McGarry grabbed a pistol off of a hot tub and was waving it around and pointing it at him. Kinney panicked and shot McGarry, saying he never meant to kill his best friend.

"He was like family to us,” Kinney said. “We go on vacations and our kids call him Uncle."

Defense attorney Christopher Gagin addressed the courtroom, saying Kinney is not a threat to society, that unique events led up to McGarry’s death.

"If there is a crime that is established, it is the crime of involuntary manslaughter, not that of murder," Gagin said.

Gagin says this was a case of self-defense.

The judge denied the defense's request to lower Kinney's bond. It stays at $1 million. The case now moves to county court.


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