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Dateline NBC S32E08 Dangerous Secret H 264
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00:09tonight on dateline did you say he's dead oh my god i think so there's blood everywhere
00:15i'm trying to freak out i'm sorry he said brad was my best friend in the whole world
00:21please find out who did this to him my mom's like uncle brad is dead i fell to the floor
00:29who would want to kill brad exactly who would want to kill brad you start to see things like
00:34ransacked drawers maybe somebody was there to rob him he was working as a miner yes how common is it
00:41to have gay guys in the lives i don't think it's very common i think brad broke that barrier he
00:45was
00:45having a hard trouble at work anybody in particular all of them was he murdered just because of who he
00:50was he never pretended to be anyone that he wasn't he got a text message from the lover that they
00:56were
00:56going to eat up people don't want to get caught cheating how do you not get caught you lie two
01:01can keep a secret if one's dead that's the point of the story where the wheels fall off the crazy
01:06train
01:07it was the ultimate betrayal nine times out of ten the person who killed you loved you at some point
01:14a killer who betrays not just one lover but two i'm lester holt and this is dateline
01:39the ohio river valley for decades here generations of men have gone underground
01:46and in places like bel air ohio population 4 000 it's still a way of life
01:52is it as tough as most people think it is a coal miner it's not for everybody super physical uh
01:58demanding former mine foreman franco pinaccio you're almost 2 000 feet underground one way out
02:04the gases will kill you moving equipment will kill you the coal falling will kill you it's an unforgiving
02:10environment but with risk comes reward in this case a big payday for some up to six figures
02:18luring men like brad mcgary to don a hard hat and take their chances underground
02:23the 43 year old had risen through the ranks to become a foreman a bit remarkable because brad mcgary
02:30was not your father's coal miner friend melanie roskovich he was openly gay never tried to conceal it
02:37right correct was comfortable in his skin yes he was being brad yes he was real he never pretended to
02:45be
02:45anyone that he wasn't but brad was also a person with a secret and a secret as we all know
02:52can be dangerous
02:589-1-1 where is your emergency oh my god
03:02my husband's friend is dead a late sunday afternoon in may 2017 on with 9-1-1 a distraught
03:10sherry kinney who along with her husband david and 13 year old daughter elizabeth have just walked
03:15into an awful scene we came to visit my husband's friend and his back door was cracked open and he
03:23wasn't answering his phone so he came in the house and he's in his basement okay oh my god okay
03:29calm down
03:30did you say he's dead i think so oh my god i think so he's on the floor there's blood
03:38everywhere what is
03:39his name brad mcgary brad mcgary
03:47i was on just general patrol driving through the town when i got the call veteran bel-air patrolman
03:56hank martin was the first to respond and encountered the couple and the young teenager
04:00outside brad mcgary's house highly upset crying shaken up what you would normally expect of somebody
04:10finding a dead body officer martin entered the basement to secure the scene on the floor sandwich
04:18between a covered hot tub and piles of storage was brad with an apparent gunshot wound to the head
04:24i seen blood by his head area and he was laying down and uh touched didn't get any kind of
04:32pulse
04:34i'm trying not to freak out i'm sorry i can't i'm not supposed to see that it's all right
04:41understandable because the kinney family and brad were as close as could be
04:49david and brad met several years earlier in coal mining training classes we just took him and his
04:55family you know him we celebrate holidays we have a vacation and all this is supposed to go on
05:01together with him my kids call my uncle ryan all our chief detective with the belmont county sheriff's
05:09office arrived on the scene to assist the bel-air pd they were very close best friends best friends now
05:17meanwhile what's happened to the daughter she saw the body there was no question yes so you get her
05:21out of there i guess huh yes we didn't want to re-traumatize her more than she already had been
05:27the girl was taken to a neighbor's as police got the story from the couple how you coming about coming
05:32out here all right that right there the weed eater is the whole plan okay you're bringing the weed
05:40eater yes sir david told police they'd stop by to lend brad a weed eater i noticed that the kitchen
05:47was
05:47scattered there was stuff over there but i told my wife i said sherry something's wrong there's
05:51something everywhere she said just open the door and yell for brad david yelled but got no response
05:57he went down the basement and then he yelled call 9-1-1 and i ran down i can't believe
06:05that
06:07that basement was now a possible crime scene tell me what you're saying what we have is a garage
06:12slash basement and it's what i would call organized clutter there's a lot of stuff but it's stacked packed
06:19in containers and whatnot cluttered but no signs of a struggle if you're just looking at a dead body in
06:26basement with a head wound you definitely got to look and say could this been a suicide
06:44but if brad shot himself something was missing if it was a suicide the gun would have to be in
06:51the
06:51immediate area and we didn't see it i didn't see a gun now it's not saying he couldn't have fell
06:55on
06:55it when he could have a lot of times if it's a suicide uh you know gonna fall underneath him
07:00or
07:00whatnot there could well have been a weapon tucked under his belly sure investigators rolled brad's body
07:06over i don't see a fire alarm no i don't either i don't see nothing there we didn't find anything
07:14there was no gun there so we had to go to step two which was that it was a homicide
07:20you need to
07:21canvas the neighborhood correct see if anybody's doorbell cam caught an image or something those are
07:26so helpful right now uh everybody seems to got one and it but uh at this time period it was
07:33kind
07:33of a novelty only one house on brad's block had security cameras and stroke of luck that house
07:40happened to belong to the bel air chief of police what are the odds that he would live on the
07:45street
07:45to have a camera that was operational sometimes things work out
07:50the chief's security video would be scrutinized for clues
07:55back at the house officers were done talking to brad's shell-shocked friends go ahead over your truck
08:01i know it's tough you guys go home rest we will be in touch in a day or two i
08:08shook his hand and he
08:09he kind of pulled me in to the truck window there and looked me right in the eye he said
08:15brad was my
08:16best friend the whole world please find out who did this to him please figure this out yeah that's
08:23exactly what the detective intended to do but he had no idea the secret he'd uncover along the way
08:44coal miner brad mcgarry had been shot to death inside his bel air ohio home
08:49the news blindsided friends like melanie roscovich so sudden so shocking huh yes and so senseless
08:55what did the town lose when brad got killed the town lost security they didn't feel safe any longer
09:05and those who knew brad personally they lost a dear friend you're never going to see him again
09:13just like that so quick that yeah in a heartbeat we were devastated
09:19mary kay millican and her daughter abby thought of brad as family how do you find out abby i was
09:25at
09:26school that was my senior year and my mom came to school i got called down to the office so
09:33i went
09:35down there i was like hey what's up and my mom's like uncle brad is dead and i fell to
09:43the floor
09:45i was a mess just sobbing uncontrollably and my mom had to take me home for the rest of the
09:51day
09:52after a late night processing the scene police were back on the case early the next morning
09:57you got to get brad's backstory in here pretty quickly huh yes we did a lot of interviews in
10:02a short period of time he has many people that knew brad because it's very important for us to get
10:08to know
10:08brad i have a new bride for almost 20 years mary kay was one of the friends who spoke to
10:14police
10:14if you were to walk in the door here who would we meet he's larger than life he absolutely had
10:20the
10:20best personality and he was friendly and just wanted to have a good time make you laugh i'll definitely
10:28make you laugh one of the craziest things we ever did we were at walmart and we were just goofing
10:34off
10:35and he was looking at fish and he wanted to ask some questions about the fish we couldn't find
10:41anybody to help so he just got on the intercom and he was yelling for help himself over here on
10:46three
10:46oh yeah somebody help me at the fishies please mary kay and abby met brad before he became a coal
10:54miner
10:55back then he was a professional hairdresser the switch had been a head snapping career change
11:01i couldn't wrap my head around it i still can't why do you think he made the change um the
11:07money
11:07he was looking to make more money and he just wasn't making the kind of money he wanted and
11:11doing hair to abby brad was more than just an uncle figure he was a role model i was about
11:1815 16 years
11:19old and one day i just had an urge to tell him i said uncle brad and he'd tell you
11:26something he said
11:27what's up little girl and i said i'm gay no way yeah and he said how did he how did
11:34he swing with
11:35that girl and it was brad abby turned to when she was bullied in high school would you get a
11:42hold of
11:43uncle brad and say i'm having a really bad day here absolutely i'd text him and be like uncle brad
11:48this
11:49and this happened today i feel so low please like what do i do and he would just tell me
11:55water off a
11:56duck's back baby girl you know um you shine like a light in the darkness and don't let that crown
12:03fall
12:04because sorry it's such a sweet thought yeah it's something ought to be written out on a
12:11absolutely by your bedside i think about that message all the times because that's really what
12:17pulled me out of the darkness that's really what i was like okay i do matter i need to be
12:22myself
12:23who would murder a friend like that police wondered if brad's killing was a random attack
12:29there were no signs of a struggle in the basement but upstairs was a different story
12:34all the cabinets and doors are open there's stuff spilled out on the floor things scattered
12:39everywhere especially in the kitchen had brad interrupted a burglary in progress and paid with
12:45his life his best friend david had shared this bit of information i know he had guys here just last
12:52day in the last week putting in the fence i said well do you know if he paid him by
12:56cash or check or
12:58well i think maybe cash and brad had cash around the house and that drew up a bit of a
13:05red flag
13:06investigators were also pursuing another line of inquiry we definitely had to look at this as a
13:11potential hate crime was this the reason that he was murdered just because who he was friend and
13:18former mine foreman franco panaccio says that at work brad did not hide his orientation in fact he
13:24embraced it he just didn't dress like the typical coal miner you know all of us did you know he
13:29uh he
13:30took pride in how he looked how he smelled you know how he presented himself brad always wore his
13:34safety gear but brad always made a point to make sure his shirt was always unbuttoned three or four
13:38buttons down show his chest show his gold chains sprayed his cologne he would joke around let you know if
13:44you thought you're good looking compliment you what maybe uh how you looked in a certain pair of jeans
13:49that day or whatever now brad was dead a bullet to the brain maybe not everybody found his joke so
13:56funny time to find out what was going on underground he was having a hard trouble at work anybody in
14:21particular speaking to investigators brad mcgary's friends were at a loss what would be so bad that
14:27you'd have to shoot him over you know did that make any sense to you it did not make it
14:32who would want
14:32kill brad exactly who would want to kill brad police continued to press those close to brad for
14:39clues wendy neubauer was a friend who'd met brad years earlier at a wedding what's your relationship
14:44to brad oh we were just best friends brad it seemed had a lot of best friends this best friend
14:52talked
14:52to police about one theory they were already considering his murder as a hate crime he was
15:03wendy with her two children in tow said initially brad had no problems underground it took a lot for him
15:09to get associated up there being gay up at that one plant and he got settled and situated and they
15:15all
15:15come down co-worker franco panaccio agreed never did i ever see anybody you know give him a weird look
15:21or you know want to beat him up so to speak but after a recent transfer wendy said brad was
15:27stressed
15:27and they moved him down here and he just was miserable at this work because he with all of
15:33all the people making him work over when he didn't want to making him do this and the people weren't
15:39nice to him and that to run down the information from wendy detective all along with fellow investigator
15:46doug cruz utilized their own inside man we lucked out a former detective of ours had left to work at
15:54the
15:54mine so we had a pretty good information pipeline into there and able to kind of cut through the bs
16:01so what was the real story had brad been harassed or discriminated against anyone at the mines they
16:07should look at who may have had a hateful motive quite to the contrary from everybody we talked to
16:11brad was very well uh liked by his co-workers so there's nobody down in the pits that has it
16:17in for
16:18this guy as far as you can tell people in the coal mine in the small towns are much more
16:24accepting to
16:25different lifestyles than somebody in the bigger city would think since a hate crime didn't seem
16:31likely police dug into their other theories like a burglary gone wrong you start to see things like
16:37ransacked drawers and noticing that there's a lot of stuff in the house that maybe somebody was there to
16:45rob him was spooked maybe there was a confrontation and a shooting and there was a lot to rob brad
16:52was
16:52a collector oh he had lots of toys he liked his antiques oh antiques that was his thing that was
16:57his that was his catnip that was his catnip for sure uh his house was filled with all kind of
17:03antiques and and country things he had a cracker barrel house his house was like a cracker barrel
17:08the decor kind of woody and rough and yeah it was really nice so that's kind of the joke that
17:15we have
17:15about cracker barrel has to do with his home decor and the way that he decorated i knew he had
17:22guys
17:22here investigators remembered what brad's best friend david had told them two workers had recently
17:27installed a fence had they come back to rob the place it was a lead detectives followed but they
17:34were having little luck in tracking down those workers you know we would have to try to find
17:39some kind of contract or something when when you have major work around your house no such contract
17:46was found we were looking for a ghost in other words and a closer examination of the upstairs gave
17:53police pause the ransacking it was too neat articles were taken out and dumped it was like in one
18:00particular area instead of being strewn valuables within easy reach there was nice televisions there
18:07was um you know ipads iphones high dollar items things that a thief could sell pretty quickly
18:15the burglary scenario was scrapped police now wonder if brad's murder wasn't about plunder or hate
18:21was it about love nine times out of ten the person that killed you loved you at some point
18:27so you always look towards lovers family of particular interest to investigators brad's
18:34most recent romance the kinneys had provided a possible lead on that too he's the last relationship
18:40he was in it was pulled off and he hasn't been with anybody ever since he's my best friend how
18:45long ago
18:45was that i couldn't even tell him who was the girl no it was the guy um oh he was
18:54in with the guy
18:54yeah okay who was the guy uh scott something brad had a relationship that had soured in the past
19:02couple weeks uh with a man named scotty so this is a recent relationship that's come to an end
19:08huh yes apparently that's interesting absolutely and at that point we didn't have a whole lot to
19:13to go on so we were pretty interested in that they needed to track down the recent love interest
19:19where was he the night brad was killed and investigators were about to learn that scotty
19:25was not the only man in brad's life it was insinuating that they were having sex it was romantic
19:47an investigation still underway into the death of the man who lived at this home on wagner avenue
19:52as word of brad mcgarry's murder was echoing through the ohio river valley investigators
19:58were busy digging into brad's love life trying to locate a recent ex
20:05first name scotty nobody seemed to know what his name was off the initial uh conversations with people
20:14pretty quickly though police were able to utilize social media to identify scotty as 22 year old scott
20:21ray butler his dad was a friend of brad's from the coal mines brad met scotty at a butler family
20:27party they were on and off is that the picture you had they were a hookup yeah it wasn't going
20:32anywhere serious no no it wasn't going anywhere serious when investigators located scotty he was
20:39willing to talk so what is scotty's story scotty basically says that he and brad were kind of on
20:45again off again and it had kind of cooled off did your people say scotty we got news for you
20:51yes
20:52how do you take it he was upset um i'd say devastated when the investigators informed scotty
20:59um a bride's passing you know all the appropriate indicators were present there were no indicators of
21:06resentment or anything where scotty wished bad things upon brad scotty was cleared in brad's murder and not
21:14just because he showed genuine affection for brad you see scotty had an iron clad alibi as in iron
21:21bars he was incarcerated at the time of this homicide scotty was in jail for a probation violation on a
21:28prior burglary conviction so he was in-house and accounted for in the county jail when you believe that
21:34brad had been murdered correct it's a pretty good alibi a very good alibi but scotty wasn't the only
21:41love interest detectives were hearing about we're cousins okay that's my first cousin grew up together
21:45all right okay brad's cousin skylar strawser came forward with a story and for investigators a
21:52tantalizing new lead she tells you about a sunday brunch families getting together what's her story
21:57so the uh night before the murder brad went to a family wedding and had spent the night there the
22:05next
22:05day there was like a family brunch we were at grammy's on sunday grammy's we me the cousins most
22:15of the cousins during this brunch brad tells his cousin skylar he got a text message from what uh she
22:23took as a lover that they were going to meet up in a little bit to take a nap he
22:31made a joke about he
22:32said tisha which is one of the other cousins calls it taking a nap and it wasn't taking a nap
22:38he was insinuating that they were having sex it was romantic so he's getting this text message a
22:43little let's hook up a little later huh correct and then he leaves the family gathering is that what
22:47happens yes we kind of ate and he just left just kind of left i don't even think he stayed
22:53for deserved
22:54a tryst with a lover on the very day brad was killed this becomes a person that we want to
23:00reach
23:00out to immediately this is somebody that we need to know because they obviously are going to have
23:07a piece of the puzzle that we're missing but once again detectives didn't get a full name
23:13though skylar told police the relationship had been going on for years the cousins just knew him as
23:19dj that mean anything to you no at that time now we don't know who dj is brad's friend melanie
23:25had heard a lot about dj you knew him as dj what did dj mean to brad oh he was
23:33absolutely in love
23:34with him there wasn't anything that he wouldn't do if dj needed anything brad was right there he
23:39would literally rearrange anything in his life to be there for him brad thought he'd met the love of
23:45his life the way you're describing it was it being reciprocated from what brad had shared with me
23:50he believed that dj was in love with him as well the love of brad's life just one problem a
23:58big one
23:58one of the things we learned was not only is he married but he's almost living a double life because
24:05he while he's dating brad he's portraying himself to everybody that he knows as a happily married man
24:13a married man with a secret was it a dangerous secret detectives needed to find dj right away
24:21turns out he was someone they'd already met i didn't even know his name until i went on facebook
24:26to find it out investigators were running down their most promising lead a married man who was
24:46having a long time affair with brad mcgary one who'd had an intimate rendezvous planned with brad
24:51on the day he was killed a guy named dj i didn't even know his name until i went on
24:56facebook to find
24:57it out i knew who he was brad's cousin had already done some detective work for the investigators
25:02well i guess they call him dj or david kenny
25:07david the guy who was at the house yes with his wife and who'd found the body correct dj is
25:14david kenny
25:15david kenny david kenny brad's best friend from the mines who with his wife and stepdaughter had
25:23found brad's body i'm trying not to freak out i'm sorry david the guy on the scene who had sounded
25:29so
25:29devastated so willing to help i know he had guys here just last day in the last week put in
25:35the fence
25:36known to friends and family as dj short for david jr had he lied about the true nature of his
25:43relationship with brad all right david agreed to speak with chief detective ryan aller voluntarily
25:51and to bring along his cell phone we had already told david we're going to need copies of all the
25:57text messages you have with brad because he was one of the last people to talk to brad all right
26:02give me a couple minutes and i'll buzz right through this and he's turned it over to you without
26:06an issue huh yes here it is knock yourself out take a look correct okay all right we have the
26:12ability
26:12to while detective allers speaking with mr kenny in one room that i can literally take his phone
26:20walk down the hallway in our forensics lab and process it in real time while he's talking to
26:26david and talking to david it seemed his grief was still raw it's okay he first keeps me in the
26:38cry in his room i don't know man i've just been trying so hard to
26:45it's all right down the hall detective cruz was using a forensic software program to retrieve texts and
26:52photos some deleted from david's iphone what i'm finding on the phone is pretty clear these guys
26:58are way more than friends you know they're they're intimately involved david there's some
27:06there's some stuff on your fence a little
27:08a little questionable yes sir confronted with the evidence on his phone david changed his story and
27:18admitted to being more than friends with his best friend brad did you guys have sex together
27:25there's a few times in the past where you know he's attempted a lot and we've kind of
27:34put her on a little bit in the past it's okay when was the last time you guys didn't do
27:39anything
27:43together um it's been a little while weeks maybe months a month max but what about that take a nap
27:55date brad told his cousin about investigators estimated brad's time of death to be between
28:003 and 3 30 close to that planned meeting so detective oler wanted david to account for his whereabouts
28:07around that time where were you and your wife at sunday afternoon um we went chinese restaurant
28:13get some lunch after we hung out at the house then david said he drove alone to window shop some
28:19trailers for his truck before heading back to his house in brilliant 30 miles north of brad's place
28:24in bel air i was back home i think it was like three i was back home about three o
28:30'clock
28:30three o'clock near the approximate time brad was killed but once again david's phone told a different
28:38story the gps clearly shows that at the time we believe that uh brad was murdered your phone was
28:46there david's story suddenly morphed again he was at brad's after all i went to his house
28:54he was not there i stayed and i hung around for a little while and that was it david insisted
29:02he
29:02left before brad got back from his family brunch but remember the bel air police chief had a home
29:07security camera just down the street from brad's it showed david in his wife sherry's car heading
29:14toward brad's house just before 2 p.m we see david drive by chief kovulik's house then 56 minutes after
29:22that you see brad drive down the road and then about 15 minutes later there goes david leaving
29:38as the evidence mounted david's story took another left turn i didn't shoot
29:45i'm going to tell you then who did tell me what happened that's the point of the story where the
29:51wheels fall off the crazy train david said yes he was still there when brad got home but said when
29:57brad arrived he wasn't alone he had another guy with him i don't know who he was i don't know
30:08his name
30:08he starts telling me about okay i i was at the house brad pulls up with this dirty looking guy
30:17i've never seen before he went in the garage okay it's okay david hey look at me look at me
30:27in your
30:27eye but you can tell me what happened that was so here what happened you heard a gunshot
30:36you heard a gunshot yes sir so there's a mystery man who arrives with brad who then ends up killing
30:42him
30:42yes but detectives knew there was a problem with the third man scenario we see brad and this guy
30:48pulled in with the beamer yes sir okay brad's front seat the beamer was full of stuff that he brought
30:54from the wedding yes sir he didn't have a passenger look here's a picture of the car with all the
31:00stuff
31:00there so where did the mystery man set so mystery man is now gone mystery man is out so now
31:06he's got
31:06to explain what he's doing in the basement with the body of his best friend in a quiet voice a
31:12now
31:22what we we gleaned at this point is brad felt like david was taking advantage of him he wanted to
31:31be
31:31with david he wanted david to leave his wife and be with them they then be a a real couple
31:37according to
31:38david he arranged to meet with brad that sunday afternoon not for sex but to end their years long
31:43affair news david said that brad didn't take very well you flip out yes sir
31:51hit me smack me around a couple times he said this has been going on for too long you need
31:57to leave
31:57your wife okay i told him i said i'm done i'm not doing this with you no more i'm done
32:02it that's when according to david brad pulled out a derringer pistol he kept believing that means i
32:10grabbed it okay what happened after you grabbed it i pushed him okay
32:24then what happened i saw
32:28detective awler asked david to demonstrate should we work in top of the head right there
32:35top of the head yes sir investigators had a confession and a claim of self-defense david
32:41kinney was arrested for the murder how would his self-defense story play for a jury and how would
32:47the whole story play for his wife david kinney admitted shooting his best friend and secret lover brad
33:12mcgarry i was like no way there's no way couldn't be him no could not be why not why rule
33:19him out in
33:19your mind just because of how close him and brad were you know they were doing everything together
33:24their families went on vacation and holidays i could not picture him doing that david's admission
33:32meant the horrible shock of finding his friend's body had been an act
33:36the question now was had his wife sherry been acting too did you have a sense of whether the
33:46wife knew about this at that point we were awful interested in that you could come up with a narrative
33:51where she's the wrong person in the trash and guns in her hand yeah it's not hard to get there
33:56as a
33:56story it's really not david told investigators sherry knew nothing about any of it but when david
34:05asked if he could be the one to break the news to sherry what the hell is going on investigators
34:10kept
34:10the camera rolling keen to see her reaction he flipped that on me and he grabbed this 22 derring
34:16shirt he before he even did that he slapped me around a little bit after i told him this was
34:21it
34:23okay you are kidding listen
34:31the shock that just goes over her because he doesn't come out and say it but he's clearly
34:37walking up to it he came at me with that gun okay he came at me with that gun because
34:45he wants me to leave you guys i told him that he come at me with that gun
34:54it comes across very honest very raw at the moment that it's going on we believe she definitely
35:00reacted appropriately but what is that reaction so much to absorb at once her husband was brad's killer
35:21brother and brad's lover so you had an affair with him before
35:27i want to know what happened between you two before
35:37i want to know i want to know the last time it's been a while
35:50our heart broke for any one of those things was enough to break anybody but to get all that news
35:57at once it's a lot it was a lot yeah and there was more perhaps the most painful realization of
36:05all
36:14mr kinney took not only his wife but his stepdaughter a child to a crime scene where he knew
36:23he knew that there was a dead man inside i mean there's just no other way to describe it as
36:30other
36:31than disgusting this guy brings his stepdaughter to a murder scene and she sees everything who would
36:37do that i think he felt really backed into a corner and his mind was going crazy at that point
36:44because i don't there's not a sane person that would involve a child in that way
36:52david pleaded not guilty to aggravated or premeditated murder with bail set at one million dollars he
36:59remained behind bars to await trial when brad's friends got wind of david's self-defense claim
37:06they thought no way what do you think happened here i think that brad gave him an ultimatum
37:14and i think he said if you don't tell sherry i'm going to you see this as premeditated he came
37:21there with
37:21murder on his mind absolutely so that the truth would not come out about their affair and his fear of
37:29losing his family law enforcement agreed either we're going to be amlicable and reasonable with
37:36this or one of us is going to walk away because two can keep a secret if one's dead
37:44in january 2018 david went on trial at the belmont county court of common pleas
37:50prosecutors were ready to rebut david's claim of self-defense with their own smoking gun
37:56forensics they revealed showed that brad was shot from behind in the back of the head not in the
38:01front as david had initially said what's more the jury heard that brad had been shot not just once in
38:07the back of the head but twice which didn't exactly sound like self-defense your honor we have made the
38:14decision that mr kinney will not testify david never took the stand to explain that second shot
38:20but jurors were shown the police interview with detective alder you shot him once he's dead on
38:24the ground why did you shoot him again it was just it just happened after just four hours of
38:32deliberations we the jury julian panel and sworn find the defendant david carl kitty guilty
38:39his sentence life in prison without parole and i'm trying to just have him and i wish you could
38:46i could take it all back and then all the apologies in the world will never bring him back but
38:51i want
38:51you to know i'm truly sorry for real it doesn't bring brad back no nothing's going to bring back the
38:58laughter that we had and the tears when something would happen and that way we were always there for
39:04words together sherry kinney now divorced has done her best to move on she told us she's found a new
39:12love and is focusing on raising her three children brad's friends are left with the notion that the
39:18hairdresser turned coal miner faced a much darker and more sinister peril above ground than he ever did
39:24below it was the ultimate betrayal it could have played out another way don't you think it could have
39:31he could have come clean to his family talked to his wife let her know what was going on he
39:39was willing
39:40to kill somebody that loved him to keep a secret that i really honestly feel at the end of the
39:47day
39:48nobody would have cared about when do you miss him the most abby i miss him the most when i'm
39:54feeling
39:54sad or anxious or unsure of myself sometimes i go on messenger and i just message him his account i
40:03know
40:03nothing will come back but i think that he got the message up there in heaven some way
40:11uncle brad to abby close friend to so many others a man comfortable in his own skin be it cutting
40:18hair or
40:19bringing up coal most of all they will remember this companion they met along the way as someone
40:25who liked to tease love and of course laugh i have gotten some feelings that he's just enjoying the
40:34attention oh he would like this he absolutely would he loved attention so he's absolutely smiling up in
40:41heaven somewhere looking down on us that's all for this edition of dateline we'll see you again friday at 9
40:548
40:54central and of course i'll see you each week night for nbc nightly news i'm lester holt for all of
41:01us at nbc news good night
41:11and we'll see you next time
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