Ronald Brady listens to the jury's verdict this evening
This news story was updated at 11:55 p.m.
By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A jury found Onalaska resident Ronald A. Brady guilty of second-degree manslaughter today.
The elements of the crime include acting with negligence, failing to even be being aware of the risk death may occur; that being a gross deviation from what a reasonable person would do in the same situation.
Brady, 60, was on trial this week in Lewis County Superior Court for first-degree murder, in the death of 56-year-old Thomas McKenzie of Morton.
Thomas McKenzie
The jury began deliberating about 3:15 p.m. today and came to a verdict by 6 p.m.
They were given instructions to consider both first and second degree murder as well as first and second-degree manslaughter.
There was no finding Brady acted in self defense on the night of April 19, 2010, according to Lewis County Deputy Prosecutor Colin Hayes.
Brady admitted firing five or six shots with a .22 caliber rifle, three of them toward a suspected burglar outside of an uninhabited house he owns and has been re-building since a fire in the late 1990s.
Brady admitted when he testified yesterday McKenzie was moving away from him while Brady stood “pretty much” in the garage after he’d opened the garage door to confront what believed were burglars returning from earlier in the day.
He told a detective he didn’t think a .22 had that kind of “stopping power”.
Because the crime was committed with a firearm, Brady faces a mandatory minimum of three years in prison – with no possibility of reduction for any “good” time – along with a standard sentence of between 21 and 27 months, according to Hayes.
After the verdict was read, Brady handed his keys and other items to one of three individuals who have sat behind him throughout the trial.
But Judge Nelson Hunt did not order him taken into custody. Brady was told to return to court next Thursday to learn his sentencing date.
The jury also decided Brady was not guilty of first- or second-degree assault in the case of McKenzie’s wife, Joanna McKenzie who testified she that while she took cover behind a truck in the driveway, she heard the glass in its windshield shot out and felt “air or something” graze her face.
“They didn’t believe a single thing Joanna McKenzie said,” Centralia defense attorney Don Blair said tonight after he and prosecutors met with jurors following their findings.
Defense attorney Don Blair
“The jurors thought he (his client) made some poor decisions and that’s why they found him guilty of the least possible crime with regard to Tom,” Blair said.
Thomas McKenzie died at the scene; of a gunshot that passed through his chest, and through the pulmonary artery that goes to the lungs.
He leaves behind nine children, parents and siblings, some of whom were in the courtroom during the trial.
His brother John McKenzie said he was “not happy” with the jury’s decision and he felt no “closure.” His brother didn’t get a trial as to what he was doing on the property that night, he said.
“Mr. Brady may get out in five years, my brother can’t,” John McKenzie said after the verdict. “He shot him like a dog. He shot him like he was out on a hunting trip.”
John McKenzie’s wife, Aleta McKenzie, described her feelings this way:
“It’s like the people of Lewis County have no respect for human life,” she said. “It’s like their property or belongings are more important than human life.”
The shooting has generated strong opinions on both sides.
After it happened last year, Lewis County Sheriff Steve Mansfield didn’t arrest Brady, announcing he believed the shooting was justified.
Last autumn, prosecutors filed manslaughter charges against Brady and then upgraded them to first-degree murder soon thereafter.
Prosecutors argued it was intentional and premeditated.
Deputy Prosecutor Colin Hayes described Brady as a man who was frustrated and angry about repeated burglaries.
Deputy Prosecutor Colin Hayes
He told his neighbor Elizabeth Nunes earlier that day “nobody gets away with doing this” to him, and he was going to shoot them if they got into his property, Hayes told jurors in his closing statements yesterday.
Brady loaded as much ammunition as his rifle and shotgun could hold and took them to the house on the 2100 block of state Route 508, Hayes said, and waited two hours in the dark hoping burglars would return.
Hayes questioned how Brady could have been afraid, when it was Brady who opened the garage door and began firing after someone had knocked on his door.
“So he switches from defensive to offensive,” Hayes said. “He had a plan the whole day to kill.”
Blair described his client as a man who prepared himself.
Brady discovered he’d been burglarized, and “like a good neighbor” he notified two of neighbors and called the police.
Deputy Duke Adkisson told him it appeared they might return, Blair told the jury.
“Are you going to go and hide, or are you going to prepare yourself,” Blair asked the jury in his closing statements.
The people outside didn’t leave, even after Brady tripped on something inside the house and made noise, Blair said.
Brady testified he opened the garage door planning to shoot out the tires of their truck. He found two flashlights shining in his face, Blair said.
“He shoots into the truck and they do what? They (the flashlights) don’t move,” Blair said. “It’s at that moment, that’s the critical moment.”
His client didn’t know if the intruders were armed and feared for his life, he said.
Deputy Prosecutor Hayes said at the end of today, it’s a fair conclusion, since that’s what the jury decided.
“We respect their decision,” Hayes said. “We respect the whole process of having juries decide issues like this.”
•••
Read some of the previous news stories:
• “Update: Onalaska murder trial” from Friday June 24, 2011 at 1:03 p.m., here
• “Onalaska murder trial: Defendant says he doesn’t know why he fired his gun” from Thursday June 23, 2011, here
• “Onalaska murder trial: Prosecutor: Home owner said he “planned to shoot” burglars” from Wednesday June 22, 2011, here
• “News brief: Onalaska murder trial begins” from Tuesday June 21, 2011, here
• “Onalaska murder trial set for next week” from Thursday June 16, 2011, here
• “News brief: Attorneys argue on allowable questions at upcoming Onalaska murder trial” from Monday Dec. 6, 2010, here
• “Onalaska shooting: Charges upped from manslaughter to first-degree murder” from Monday November 22, 2010, here
• “News brief: Joanna D. McKenzie arrested for drugs in Centralia” from Monday November 22, 2010, here
• “Onalaska man accused in fatal shooting of suspected burglar goes before a judge” from Wednesday Oct. 13, 2010, here
• “Warrant issued: Onalaska burglary suspect a no-show at her sentencing” from Wednesday Oct. 13, 2010, here
• “Onalaska man charged in April’s fatal shooting of suspected burglar” from Friday Sept. 24, 2010, here
• “When is it OK to use deadly force in Lewis County?: Not so simple to answer, sheriff says” from Thursday July 15, 2010, here
Tags: By Sharyn L. Decker, news reporter
Exodus 22:2 “If a thief is caught breaking in and is struck so that he dies, there will be no blood guilt for him.”
It was even tougher in scripture….
John I am sorry for the loss of your brother, and the loss of 9 childrens father. we have all made mistakes, and not a one of us has a clean closet or perfect family members, but Tom shouldn’t have paid with his life. My heart goes out to all who knew the real Tom, and its so sad that he made the choices he did make due to what he thought to be the love of such a person as Joanna who wouldn’t know love or human compassion if it slapped her in her ugly face! The things “love” will make on do.
I do realise what they where there for, but at the same time Mr. Brady should have either called 911 and then answered the door. or yelled out that they needed to leave and that he was armed & 911 was on the phoneline. You dont shoot first and ask questions later. I do understand Mr. Brady wanting to protect what was his, and he does have that right to do it, but there are other ways. And it does sadden me to know that Toms bad choice left 9 children and countless grandchildren behind. There is no winner in this situation at all~ everyone loses here. With the exception of Toms wife Joanna who still walks free and resumes her life as her “normal” when she has been proven to be nothing but a thief, drug addicted, a very poor parent, and of NO use to anyone.
Glad in this case it wasn’t a mother and child broke down along that ol dark highway looking for a home of someone to help while walking with flashlights in the dark, considering Tom DID go knock on the door!
Tom was a criminal, pure and simple. The FACT is, if he would not have went to the house to rip off Brady, he would not be dead! Get it ??? If you really want to know how “innocent” this guy was, look up his name in the Washington Courts System, he had a huge rap sheet. Tom was NOT a innocent person in this.
John McKenzie, it is spelled “K N O W”, and I do NOT profess to know everything, yet I try to keep my opinions balanced and fair. That does make them one-sided, but at least I listen to the statements of others, and draw my conclusions from that. I don’t need to fall back on calling others names or belittling their ideas because they don’t agree with mine. That is part of that thing you refer to as “R E S P E C T”. Respect is EARNED, not just given away.
So, you respect your brother. That is fine. But tell me, do you respect his choice to lead a life of crime? Can you respect a person who takes it upon their self to steal things from people? No, you can not. If you DO respect those who steal from others, please, publish your address and the best times for the thieving elements to come over, and we’ll see how it feels. It’s not a good feeling, having your personal belongings stolen from you.
Similarly, you can’t respect someone who took the life of another person without regard to the consequences. He may have had the right idea (to protect his belongings), but his plan and the execution of that plan were flawed. Yes, calling the police would have been the best option.
But that still doesn’t answer the original question posted for you to consider, and that is “Do you find it acceptable for someone to steal from another person?” You haven’t answered that question yet, in your tirades and calls for the death sentence for the REAL victim in this case.
Call it what ever you want fools. Your all no it alls, that no very little about anything,very narrow minded with no respect. The only thing your good at George, is voicing a narrow one sided opinion, and no elses counts. Take a hike no it all.
And Colleen, since when is “Residential Burglary” acceptable? You are making it sound as though the only “victim” here is the man who was killed. He is NOT a victim. He was a CRIMINAL. If he wasn’t willing to accept the risk that some person might decide to use a weapon to safeguard his property, then perhaps he should have decided against stealing the property of someone else.
And yes, I DO have a brother. His criminal past has gotten him into plenty of trouble himself, and if a case like this ever happens, then I would feel the same way then as I do now. If you don’t want to run the risk, then you better not do the crime.
The man who was killed took that risk when HE decided to break the law. Nobody forced him to do it. HE was stealing from someone… and now HE is the victim in this? I would most definitely call that “Denial”.
Your like Brady, you just dont get lt. Your ability to reason is not that of a normal person.
George,
I am in agreement with you. It does not matter whether or not Tom was clean of any substances, he was at the property of the homeowners to commit a crime, and knew the risks and if he didn’t he is stupid man. He got his fair trial by being shot in the act of committing a crime. I agree the homeowner did act in haste by not calling 911, but he did what he felt right in that situation. We can all second guess those few moments in time, and try to change the ending. Fact is, Tom is gone, and there is nothing to bring him back. The punishment has been served to all parties. Whether you agree or like the outcome it is over. Isn’t it now time to move on and grieve the loss of a loved one and quit playing the blame game. None of your complaining will change the outcome or bring Tom back. Is anyone helping to support Joanna through this? What about Tom’s 9 children, I haven’t heard anyone mention how they are doing? I’m sure they find it a huge loss to have their father gone, no matter how he died.
Bottom line, Tom and Joanna made a poor choice and now a person who was never committed of a crime is paying the price for their stupidity. I agree he acted in haste, but he wouldn’t have had to act at all if they did not return to his property that night.
If this was one of my family members, I would have to dig deep but would admit the fact they were in the wrong by trying to commit a crime, so quit trying to paint them as a hero. Clearly your in denial, as the prior court records clearly show the true character of Tom and Joanna.
Move on people! Let Tom rest in peace!
George, I think your facts are dead on.
John McKenzie, get YOUR facts straight. Joanna may have used the “Alford Plea” (not Alpha), which means that she didn’t admit guilt. Yet she was still given a felony conviction for her role in the crime and sent to jail. Tom may not have had any chemicals in his system, and I never said that he did. However, he WAS committing a crime. Did anyone force him to go there to steal from an innocent home owner that night? Did someone put a gun to his head and say “go take things that don’t belong to you from people who worked hard for them”? Or do you find thieving to be acceptable behavior?
George
Since when does residential burglary come with the DEATH SENTENCE! I do know that killing a man can come with a death sentence. Ronald Brady should NOT have taken the law into his own hands. He chose to open the garage and start immediately shooting! That is not by law what a resonable person would do! No I am not in denial, MY BROTHER DID NOT DESERVE DEATH! He had no trial, Ronald Brady made sure of that. Do you have a brother George? You can not possibly have all the facts Ceorge by what you are allowed to read! There is much much more than you know. Did you go to the trial to get all your facts?
Alpha plea by Joeanna does not admit guilt .Tom did not have a trial. Toms toxicaligy report stated no substance. Get your facts strait Goerge.
Denial. Such a tragedy. But you find it all the time. “My _______ in not a bad person or a criminal…” is something you hear all the time when someone is killed in the commission of a crime they are committing. All you have to do is listen to those related to dead gang members, robbers, thieves, etc… You’ll hear the same things.
However, a person was killed while they were committing a crime. THEY WERE COMMITTING A CRIME!!!! They were NOT the innocent person that so many people are saying. He was attempting to steal from someone, trying to take things that weren’t his to take, trying to take things that someone worked hard to attain. He ran the risk… and paid for his crime. Does anyone mention that he was attempting to steal from someone? No… they conveniently leave that part out… it’s that “denial” thing again.
His accomplice got a whopping 11 days in jail for her part in the crimes. Should she have been charged with the other criminals demise? Yes. Why she wasn’t is a puzzle… because she is just as guilty in this as he was.
The home owner who was just convicted, well, he sat in front of a judge and jury, and will now be sentenced for protecting and defending his property. He DID take it too far, and he SHOULD have called 911 to report the thieves, but he didn’t… he reacted in the manner that he thought best, and it wasn’t.
So the end result of all this? A home owner will be sentenced by the courts for killing someone. A thief has served time for attempting to steal from the homeowner. Another thief is dead. People are wanting to form a lynch mob against the home owner. And nobody will accept the fact that there was a crime being committed that lead to all of this, and that it was NOT the home owner who was committing the crime!
Brady struck me as a lonely frustrated angry old man. I believe the jury gave him a break. He definitely murdered Mckenzie. But when you go to someone’s house to rob them, You run the risk That you may find an irrational home owner protecting his property. I am glad that brady got to face a jury of his peers. I believe they made a reasonable judgement.
My brother Thomas Mckenzie was not a drug addict. He never had been. He was not the METH FREAK. He was a father, son, brother and uncle. He made a very bad choice on April 19th 2010. The biggest mistake he made was Joanna Mckenzie. who should also have been charged with MURDER for her part in this. He did not deserve to be shot down in COLD BLOOD because Ronald Brady was “peeved” and MADE A CHOICE TO TAKE THE LAW INTO HIS OWN HANDS. Now this man can pay for his bad choice, but at least he still has a life. He killed a man. Some of you people are very, very cold and do not know the whole picture. I would sure like to hear your opinion if you had to walk in our familys shoes, if you lost your loved one in this horrific way. I somehow think your thoughts might be somewhat different if the man killed was one of your own! Ronald Brady chose to load his gun, wait and hunt, then shoot to kill. Premeditation is MURDER.
I LOVE YOU THOMPS
Lewis County Sheriff’s Office detective Bruce Kimsey: “What, why did you feel you had to shoot at these people?”
Brady: “I have no idea … I’d already shot at their front tires, and they were still pointing their flashlights at me.”
WOW…. That sure does call for “MURDER” Uh Ya.. Mr. Brady stood up like a real man protecting the community from people with FLASHLIGHTS!!!!
This is sometimes the end result for criminals. It’s sad, yes, but CHANGE YOUR FRIGGING BEHAVIOR and quit trying to blame someone else for a situation he created. If they wouldn’t have been they to rip the guy off, he would be dead! Take some responsability people! At least Brady was truthful at the trail…..I suppose he could’ve tried to lie like criminals do to get himself off, but he stood up like a man and will take his punishment.
for one Tom was not a “Druggie” for all u FOOLS who think he was! and further more most of you people think taking a life solves EVERYTHING! You do not know why Tom was there, If your child was playing ball and it happened to go in Mr. Brady’s yard, Mr. Brady would shoot first then leave him in cold blood on his property! My gosh this man said he would do it again! You people think you know EVERYTHING about the situation because you read some articles!! This man Mr. Brady was a ticking time bomb!!! It wouldn’t have mattered who it was, he was out to take a LIFE that night!!
After Brady confronted them, why didn’t the burglars leave? Maybe they were high on meth? No toxicology tests to show, even though the woman was thought by both the EMT and deputy to have meth-eyes. She was arrested at least one more time afterwards for theft and meth. If burglars would stay home, tragedies like this would not happen. Brady should have been found not guilty and given another box of shells. Burglars should know that they are going to be shot at now and then, just goes with the territory, end of story.
Yes I do understand what you are saying, but you did not sit and listen to the testimonies at the trial. You do not take the law into your own hand. Mr. Brady did and look where it got him. So you think his frustrations warrants taking a life, I don’t. He had no remorse of taking a life and he said he would do it again. Tom was running away from Brady and Brady kept shooting. Brady’s planning and intentions which he admitted took a life. Life meant nothing to him. Life is a valuable gift, something that you can’t get back. Brady should of let the law handle the situation and a life would of been saved and Tom would still be with us and he would have to answer to his actions. All you people commenting only sees or hears what you want. You don’t know all the facts.
Mr Brady will serve, basically, 3-5 years for eliminating a thief from the community… something the courts should have done a long time ago. He’ll go home in 3-5 years, and a thief will no longer be out stealing from those who actually work for and earn their way through life.
Did the thief deserve to be killed? No…. but hey, he took that risk when he decided to steal from another person.
And sharon that was great reporting!
The jury has acted responsibly. Human life is more important than property. On the other hand robbery should have some risk. These lowlifes were playing on the man’s property to rob him. I think the verdict is fair and commend the jury.
My facts ARE STRAIGHT. I know that burglary/theft is out of control because of druggies and people with no respect for other people!!! If you choose to take illegal risks, you choose to accept the consequences of those choices. Complying with the scriptures should be all inclusive not just the parts you choose for convenience! How bout thou shall not steal…
Get your facts strait, Wendy, The last theft at that location was in 1995. This is not the wild west. You need to read some scripture on killing other human beings.
Yes Aleta McKenzie, human life IS more important than belongings and property. But I understand that mans frustration at being robbed time and again by people who have no respect for other people by stealing their belongings and property. We have lived all over the world and the only place we have been burglarized (5 times now since 1994) has been in Lewis County. Its time for disrespect for people AND their property to stop. Kinda like a kindergarten lesson…leave it alone if it doesn’t belong to you. Maybe these people aren’t smart enough to learn a kindergarten lesson!
This is not justice!!! But my children are thankful he will serve SOME time. as I told them, HIS (Ronald Brady) nightmare begins as soon as he is behind those prison walls!!!!!
He should have or besentenced to life.
While my views on this are well known, having been posted previously, how is it that he will be looking at a minimum of 3 years in prison (since he used a firearm), with ZERO possibility of getting any of the “mandatory good time”, when you find far too many other people being sentenced to prison for terms equal or less than that, with them having used firearms in commission of THEIR crimes (e.g. all the stuff the gang bangers do)?