The case of a 28-year-old man accused of opening fire during a Dec. 17 robbery will go to a Hamilton County grand jury.
After a preliminary hearing Tuesday in General Sessions Court, Judge David Bales decided enough probable cause existed to send Kerry McKinney’s charges on to the next step in the legal process.
McKinney, who is being held on $100,000 bond, faces charges of attempted first-degree murder, aggravated assault, attempted especially aggravated robbery and possession of a firearm during commission of a felony, records show.
Kevin Brown, the lead prosecutor, said he would not comment on the pending case, but he called two witnesses Tuesday.
Richard Lovingood, 25, testified he stepped outside his home at 4312 Ohls Ave. around sundown and saw McKinney walking toward his front step, armed with a gun. Without exchanging any other conversation, McKinney ordered him to “give me all you got.”
Lovingood said he didn’t have anything. Then, he said, McKinney squeezed the trigger four times. Two rounds struck Lovingood in the stomach. Another two landed in his right arm.
When Lovingood collapsed onto the sidewalk, McKinney dashed into a silver vehicle parked next to the curb. He and another man, dressed in a gray hoodie, sped away, Lovingood said.
Ted Engel, the defense attorney who represented McKinney, asked if Lovingood and McKinney had any recent conflict. Lovingood replied that McKinney’s alleged attempted robbery came “out of the blue.”
Cameka Bruce, a Chattanooga Police Department investigator assigned to the case, said she interviewed a neighbor who found Lovingood lying on the sidewalk. Through gasps for air, Lovingood whispered to her that “Little Kerry,” a man he had known since the age of 8, shot him, Bruce said.
Bruce said she interviewed Lovingood minutes before his surgery. He confirmed that a black man shot him, but not much else as doctors carted him away. Two days later, Lovingood identified McKinney in a lineup that Bruce compiled, she said.
During his cross examination, Engel probed Bruce about eyewitnesses. She said there were none, but that some neighbors reported hearing gunshots.
McKinney, a validated member of the Athens Park Bloods, has a long criminal history in Hamilton County, with charges ranging from harassment to possession of cocaine and assault. According to court records, he turned himself in to Hamilton County Sheriff’s Office fugitive division personnel shortly after the Dec. 17 robbery.
Because of that, Judge Bales decided to leave his bond alone. Bales said enough probable cause had been met on the charges because Lovingood had known McKinney since he was 8 and because he was able to identify McKinney in the courtroom.
If the grand jury returns an indictment on the charges, McKinney will be assigned a trial date in Criminal Court.
Contact Zack Peterson at zpeterson@ timesfreepress.com or 423-757-6347 with story ideas or tips. Follow @zackpeterson918.