Brad McGarry, 43, was found dead in the basement of his home in West Bellaire, Ohio, on May 7, 2017. McGarry’s best friend, David Kinny, 31, was convicted in the murder, which had taken place because McGarry had threatened to announce their secret affair to Kinny’s wife and extended family.
Brad Dennis McGarry
Brad Dennis McGarry was a 43-year-old coal miner that lived alone in West Bellaire, Ohio, home. He was born in Cambridge, Ohio on October 24, 1973. His family and close friends described him as a loving and gentle man. McGarry was an openly gay man and well respected throughout the town of Bellaire. McGarry had met David Kinny in a coal mining safety class in 2011 and had become best friends. Over the next several years, Kinny’s wife, Cheri, and their three children also formed a close bond with McGarry with the children calling McGarry “uncle”. They frequently shared regular dinners and holidays celebrations together.
McGarry and Kinny began a love affair during the initial development of their friendship. It became so apparent to Cheri Kinny that she began to question her husband, David, toward the end of 2016. He repeatedly denied the affair.
The Death of Brad McGarry
On the afternoon of May 7, 2017, Brad McGarry was discoveredn deceased in the basement workshop of his home. David Kinny, along with his wife, and 13-year-old daughter, had driven the 30-minute drive to McGarry’s residence, intending to return McGarry’s weed trimmer that Kinny had borrowed.
When Kinny’s daughter approached the door to the home, she noticed it was slightly open. She could see the kitchen cabinet doors were open and objects strewn around the room. She immediately told her parents, who were on their way to the door. When Kinny saw the condition of the room, he instructed his wife to retrieve his 40-caliber handgun from their vehicle. Kinny did have a concealed carry permit.
Kinny made his way through McGarry’s home as he called out to him. He went downstairs to the workshop, where he discovered McGarry lying on the floor with obvious gunshot wounds to the head. He yelled to his wife to call 911, which she did immediately.
Investigators arrived on scene and met a very distraught Kinny family. They noted McGarry was discovered face down next to a hot tub, with a pool of blood that appeared to be coming from his head. The victim had two bullet wounds at the base of his skull. A bloody ball cap sat on the edge of the hot tub. Detectives discovered a.22 caliber bullet fragment on the floor, near the body.
Investigators noticed that the disarray of McGarry’s home appeared to be staged. Crime scene technicians tested for evidence of DNA that belonged to anyone other than the victim. They found nothing additional. Detectives questioned the Kinny family. David Kinny stated that McGarry was his best friend, but they were more like brothers. Kinny further mentioned possible suspects, including one of McGarry’s previous boyfriends. During the initial investigation, detectives ruled out all suspects.
It was through questioning of McGarry’s friends and family that detectives learned that McGarry and Kinny were having an affair and that McGarry was threatening to tell Cheri Kinny about the affair if David didn’t leave her to be with McGarry.
An interesting detail was discovered by the chief of police, who lived a few doors down from McGarry, on the same street. His home security camera footage captured McGarry passing the chief’s home, which gave his approximate time of arrival at 2:55 p.m. It also captured Kinny driving past at 1:59 p.m. and then again at 3:11 p.m. which was approximately sixteen minutes after McGarry arrived home. The time stamp of the 911 call made by Cheri Kinny was 6:15 p.m., later that same day.
Police Questioning of David Kinny
Two days after the murder of Brad McGarry, detectives requested David Kinny to come into the police station for an additional interview. He arrived as requested and provided DNA with no issue. Kinny became very distraught during the interview while exclaiming that he had nothing to do with McGarry’s death. Detectives confronted Kinny about his affair with the victim, to which he finally confessed that they had started the affair shortly after they met years before.
During the interview, Kinny changed his account of the story several times before finally admitting that he had shot McGarry. Kinny explained his wife didn’t know about the affair. He said that he and McGarry had gotten into an argument because the victim demanded that he leave his wife and kids so that they could finally be together. When he refused, saying that he loved his wife and kids too much to leave, McGarry “smacked” Kinny with both hands, demanding he leave them, while waving around and pointing a Derringer firearm at Kinny. Kinny then explained that because he feared for his life, he rushed the victim and wrestled the firearm away from McGarry. When he had control of the firearm, he pointed it downward and shot McGarry in the head. He described the scene; McGarry was on his knees with his head on the floor. Kinny stated he shot him a second time with the bullet entering the base of McGarry’s skull.
The Account of Events in the Death of Brad McGarry
On May 6, 2017, McGarry attended a wedding in Monroe County and stayed the night at his mother’s house, being that she lived in the general area. The next day, May 7, McGarry received a text message while enjoying dinner with his extended family. He told his cousin Schuyler Strawser that he was on his way to meet David Kinny and alluded to the prospect of having a sexual encounter. He further stated that he would return his tuxedo to the rental store in the local mall. When McGarry left the dinner, his guest described him as being “happy, giddy, and excited.” After dropping off the rented tuxedo, McGarry arrived at his home at approximately 2:55 p.m.
When Brad McGarry arrived home, David Kinny was already there, waiting for him. They argued about the future of their affair and about McGarry wanting Kinny to leave his family. McGarry produced a Derringer handgun. The argument turned physical, and Kinny seized the weapon before turning it on McGarry, ultimately killing him.
After Kinny murdered McGarry, he drove the 30 minutes back to his home. While there, he helped his wife, Cheri, dye her hair. Later that day, Kinny returned to McGarry’s home with his family to return the weed trimmer, which was a plan that had been made the day before.
The Aftermath of the Brad McGarry Murder
On February 6, 2018, it took a jury four hours to find David Carl Kinny guilty of the murder of Brad Dennis McGarry. Police listed his official charges as aggravated murder with a firearm specification. Kinny was sentenced on February 15, 2018, to life without parole with an additional three years for the firearm charge.
Several appeals have been filed by David Kinny and his legal team. One appeal from the Court of Appeals of Ohio, Seventh Appellate District Belmont County that is dated June 28, 2019, is a very in depth 50 page outline of the facts and statements of the case. The document can be found below.
David Kinny remains incarcerated at the Belmont Correctional Institution in St. Clairsville, Ohio.