The attorney representing a 65-year-old man charged with murder in a late July shooting at his home said his client was exercising his constitutional right to self defense that night.
Robert Kinney has been held at the Lubbock County Detention Center since his July 27 arrest in connection with the shooting death of 37-year-old Stephon Jones.
His bond is set at $250,000.
Kinney's attorney, Matt Morrow, has filed a motion to reduce Kinney's bond, and a hearing has been set for Aug. 21 in the 364th District Court.
In a news release issued on Friday, Aug. 7, Morrow provided a similar account of the deadly shooting that was revealed in a probable cause affdavit filed with Kinney's arrest warrant.
However, Morrow said his client's actions that night were
justified.
"All Texans may lawfully brandish a firearm to protect themselves, their property and their family," the release states. "Mr. Kinney had every justification under the law of this state and the United States to act as he did on the night in question."
Kinney's murder charge stems from a Lubbock Metropolitan Special Crimes Unit investigation that began after patrol officers responded to a 2 a.m. report about a shooting at Kinney's home in the 2900 block of East Auburn Street.
Responding officers found Jones suffering from a gunshot wound. Jones was pronounced dead at the scene by EMS, according to a police news release.
An initial investigation indicated Jones arrived outside Kinney's home, where the two argued, the release states. The argument escalated into a fight, during which Kinney reportedly shot Jones, according to the release, which did not disclose what the two fought about.
Investigators spoke to multiple witnesses at the scene and learned that Kinney fired a gun in his fenced-in front yard and on the street in front of his home.
One of the witnesses said they saw Kinney shoot Jones, the affidavit states.
Meanwhile, Kinney was taken to the Metro Unit's office, where he reportedly agreed to speak with detectives.
Kinney reportedly told them his wife woke him up before the shooting, telling him that someone was bringing their son home.
He said he stepped out of his house to meet them and saw multiple vehicles arrive. He said he heard someone from one of the vehicles say something to him that caused him concern, and he went back to his house to retrieve his firearm, the affidavit states.
Kinney reportedly said he returned to the front yard, fired a warning shot in the air and approached one of the vehicles, where he saw his son was lying in the back seat.
In the release, Morrow said his client fired the warning shots to get the hostile crowd to leave the property.
While trying to wake his son, Kinney reportedly said Jones approached him and struck him in the face, the affidavit states.
Kinney reportedly told investigators the blow sent him back and the gun in his hand "went off," though he admits to squeezing the trigger, the affidavit states.
Kinney reportedly said he didn't know what Jones, who was unarmed, was doing and didn't intend to fight him, according to the affidavit.
Kinney said he went back to his home and told his wife to call 911, and he placed his gun on a table and waited, the affidavit states.
Morrow said his client fully cooperated with investigators that night.
"Disappointingly, Mr. Kinney was arrested that night and charged with murder by the Lubbock Police Department," the news release staes. "Mr. Kinney and his family contest this erroneous charge, assert his innocence, and are now seeking his release from the Lubbock County Detention Center. Mr. Kinney is not only presumed to be innocent of this charge but is in fact justified in his actions."
Morrow asked the public to avoid speculating on the case, which was still in its early stages.
"(The defense) will continue to work tirelessly until Mr. Kinney is cleared of this charge," the release states.
Gabriel Monte is the criminal justice reporter for the Lubbock Avalanche-Journal in Texas. Have a news tip for him? Email him at gmonte@lubbockonline.com.
This article originally appeared on Lubbock Avalanche-Journal: Defense attorney says Lubbock man justified in July deadly shooting
