SAN ANTONIO – A Northside Independent School District police officer who shot a woman outside of a high school football game in 2023 was sentenced to six years deferred adjudication on Wednesday and will not face any jail time.
Officer Kyle Kennedy, 33, must also surrender his Texas peace officer’s license.
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The sentencing from Judge Benjamin Robertson comes less than two months after Kennedy pleaded guilty to felony aggravated assault by a public servant.
Kennedy and another NISD officer were directing traffic outside Dub Farris Athletic Complex on Oct. 28, 2023.
NISD officials previously said Kennedy and the other officer approached a woman who was acting aggressively inside a parked vehicle.
The woman, later identified as Markay Garcia, drove toward Kennedy in a “threatening manner” and attempted to drag the other officer with her vehicle, an NISD incident report states.
Kennedy then fired his weapon at the woman and struck her in the arm.
She was taken to a hospital and survived her injuries.
Kennedy was charged in November 2024 with aggravated assault by a public servant, deadly conduct-discharge firearm and official oppression, according to court records.
As part of the plea agreement, the deadly conduct and official oppression charges were set aside.
“This case had issues Mr. Kennedy could have taken to trial and challenged, but he instead chose to take responsibility, and the plea bargain reflects those legal issues. The Court fairly assessed deferred adjudication for Mr. Kennedy,” defense attorney Thom Nisbet, who is representing Kennedy, told KSAT in a written statement on Wednesday afternoon. “We are thankful to Mr. Kennedy for his service and point out it’s challenging to be a police officer these days.”
Kennedy, who was placed on administrative duty on the day of the shooting, remains an employee with NISD, according to Texas Commission on Law Enforcement (TCOLE) records. Those same TCOLE records show that the second officer is still employed by the school district.
An NISD spokesman did not respond to a request from KSAT on Wednesday about Kennedy’s job status moving forward.
Since he was given deferred adjudication, the case will be dismissed in six years if Kennedy abides by the requirements of the court.
The second officer remains working for NISD, according to TCOLE records.
KSAT did not find any record that the second officer or Garcia were ever criminally charged.
Read more reporting on the KSAT Investigates page.
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