The defense and prosecution are already battling in Belmont County, even though David Kinney of Brilliant was just arraigned Thursday morning.
The 30-year-old Kinney is facing charges of aggravated murder and murder with a gun specification, in the death of Brad McGarry of West Bellaire. They were fighting about bond Thursday.
David Kinney's bond has already been set at one million dollars. The defense asked that it be lowered, so Kinney could get out of jail on home confinement. The prosecution reminded the court of the facts of the investigation. In the end, the judge settled the issue.
"Because a million dollar bond, Your Honor, is essential a de facto no bond. It's a constructive denial of bond," said defense attorney Chris Gagin. "The family, which is in that first row, Your Honor, are prepared to mortgage two homes, and can reach the bond amount, the bail amount, of $250,000 which does not in any way demean the seriousness of the offense."
"We saw that there were multiple versions of the event given to law enforcement," Assistant Prosecutor Kevin Flanagan said. "Many of those, the defendant ultimately admitted were just flat out lies. We saw a crime scene that was completely staged in order to dupe law enforcement. "
Judge Frank Fregiato says based on his discretion, he decided to set the bond at the million dollar amount.
The defense attorney said he plans to hire their own slate of expert witnesses, in the fields of ballistics, forensics, psychology and crime scene construction.
The trial is set for July 18th. There's a motions hearing set for June 27th, and the defense will again move for a lower bond.