Date: 10-04-2024

Case Style:

State of Indiana v. Kevin E. Kearney

Case Number: 05C01-2207-F1-247

Judge: Brian W. Bade

Court: Circuit Court, Blackford County, Illinois

Plaintiff's Attorney: Blackford County Indiana Prosecuting Attorney's Office

Defendant's Attorney:

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Description:

Hartford City, Indiana criminal defense lawyer represented the Defendant charged with attempted manslaughter.

On July 9, 2022, Kearney "flipped out" after his wife, Kristi, told him that she wanted a divorce. Appellant's Appendix Vol. II at 20. Shortly thereafter, Kearney produced a firearm and pulled the slide back, chambering a round. Kristi left the house and headed toward a nearby park where she thought she would be safe due to the presence of two men. Kearney followed Kristi. Once at the park, Kearney aimed the gun at Kristi's head and pulled the trigger, but the gun jammed. Kearney tried to clear the jam while still pointing the gun at Kristi's head and the two bystanders tried to intervene. A police officer arrived and observed a scuffle for control of the gun. Eventually, Kearney was subdued and taken into custody.

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In general, sentencing decisions are left to the sound discretion of the trial court, and we review the trial court's decision only for an abuse of discretion. Cardwell v. State, 895 N.E.2d 1219, 1222 (Ind. 2008). An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom. Anglemyer v. State, 868 N.E.2d 482, 490 (Ind. 2007), clarified on reh'g, 875 N.E.2d 218.


Kearney v. State, 24A-CR-1022 (Ind. App. Oct 04, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: