SAN ANTONIO – UPDATE (2:50 p.m. Tuesday, Feb. 3, 2026): An attorney representing Garcia in an ongoing civil lawsuit told KSAT via email, “The Northside Independent School District, without a full investigation, mischaracterized the facts of this incident to the media from the very beginning in an effort to cover up the aggressive and unnecessary conduct of its employee officers. On behalf of our client, we want to thank the community that has supported and continues to stand by Markay Garcia and her family during these difficult times. Ms. Garcia is relieved that Mr. Kennedy has accepted criminal responsibility for his conduct. We now look forward to resolving the civil rights claims that remain pending against Mr. Kennedy and his fellow officer.”
UPDATE (9:45 p.m. Wednesday, Jan. 28, 2026): A Northside Independent School District spokesman confirmed Wednesday that Kennedy has resigned from the district’s police department, effective immediately.
Spokesman Barry Perez also told KSAT via email:
“Because this matter involves a criminal case and related personnel actions, the District is limited in what it can share. However, the District can confirm the following:
- Officer Kennedy has not performed duty as a District police officer since being placed on administrative desk duty pending the outcome of the criminal proceedings.
- The District has fully cooperated with law enforcement and the judicial process.
The District remains focused on providing a safe and supportive learning environment for students and staff."
ORIGINAL STORY: 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.
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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