Possible murder weapon found along Ohio 7 in Belmont County

David Kinney allegedly admitted to throwing a .22-caliber derringer out his vehicle along Route 7.

A possible murder weapon has been found by a prison work crew along Ohio 7 in Belmont County.

It’s the potential gun used in the murder of Brad McGarry in West Bellaire last May is now in forensic testing.

While Belmont County Prosecutor Dan Fry is not in any way confirming what was found is the murder weapon, there are undeniable similarities that could indicate this is not a coincidence.

Prisoners from Belmont Correctional Institution were recently working alongside Ohio 7 southbound near Shadyside.

That's where Fry says one of the prisoners discovered a .22-caliber derringer gun with one live shell.

The second chamber was empty.

When speaking with detectives at the sheriff's office following his arrest, David Kinney allegedly admitted to throwing a .22-caliber derringer out his vehicle along Route 7.

The location of where the gun was found is the only part of the story that does not match Kinney's version of events.

But prosecutors have also noted that Kinney changed his story multiple times throughout the investigation.

Defense Attorney for Kinney, Christopher Gagin, released the following statement about the find on Route 7:

"It is outrageous for the Belmont County Prosecutor's Office to misrepresent the facts surrounding the gun found along State Route 7. The Government found a gun. The Government has no evidence that it found THE gun. Forensic testing has not been conducted, and given the state of the bullet recovered, I seriously doubt the Government will be able to prove that the gun found was the actual gun involved in the shooting. In fact, we deny the gun found was the gun involved in the shooting. And, for the Government to thereafter claim that the gun's location proves anything about Mr. Kinney, his character or the state of forensic evidence in this case can only be interpreted as the Government's attempt to improperly taint the jury pool in a case where the forensic evidence does not support the Government's assertions. Mr. Kinney looks forward to proving this point, and that he acted in self-defense, at trial next month."

Kinney is the prime suspect in this case. He's charged with murder and aggravated murder.

“At this point, we've taken the gun,” Fry said. “It may be relevant; it may not be relevant. We've sent it to BCI for testing on DNA, fingerprint-type testing, as well as what testing they're able to do on the rifling of the shells that would be fired from that gun compared to the rifling of the shells we found at the scene of the murder."

Kinney's trial is set for Jan. 29.

But this new, possible evidence could effect that date.

Prosecutors have requested an expedited testing in the event that the gun was, in fact, used by Kinney in the murder.

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