The evidence showed that on May 29, 2014, Kearney purchased a hotel room for himself and his girlfriend. While spending the afternoon together, Kearney got angry at the victim and burned her with his cigarette. When she attempted to flee, Kearney locked the door and refused to allow her to leave. The victim then went into the bathroom to take a bath and Kearney followed her, still arguing.
Kearney then dragged the victim out of the bathtub, hitting and kicking her until she could not move. After he finished beating her, Kearney stood over the victim and urinated on her. Dallas police were notified the next day when the victim finally went to a hospital for treatment of her injuries. Dallas police investigated and persuaded the reluctant victim to pursue charges.
The case was indicted as a 3rd-degree felony because Kearney had previously been convicted of a misdemeanor family violence assault. During sentencing, the Court heard evidence that Kearney had previously been convicted of assaulting two other women. Additionally, Kearney's victim testified in sentencing that Kearney had abused her multiple times before this offense and had threatened to kill her and her family if she ever reported him.
Before imposing the maximum sentence of 10 years in prison, the Court also considered evidence of multiple conduct infractions inside the Collin County jail. These infractions included the assault of other inmates.
The case was prosecuted by Assistant Criminal District Attorneys
Sarah Fox and
Zeke Fortenberry. The Hon.
Mark J. Rusch presided over the case and assessed the 10-year sentence.
This new release is distributed on behalf of the District Attorney; please refer any questions to Bill Dobiyanski, 972-548-4335.