Dallas man receives 10 years probation for death of transgender woman

DALLAS A Dallas man received 10 years probation Tuesday for causing the death of a transgender woman he had been dating.

Jonathan Stuart Kenney, 29, was living with 43-year-old Janette Tovar in October 2012 when he slammed her head against concrete. He was originally charged with murder, but was later re-indicted on an aggravated assault charge, which is also a first-degree felony.

He pleaded guilty to aggravated assault Tuesday in exchange for 10 years deferred adjudication, a type of probation. If Kenney abides by the conditions of his probation, he won’t serve prison time and will avoid formal conviction on his record. But if he violates it within the next 10 years, prosecutors have the option to send him to prison for life.

“In a tragic case like this one, plea agreements are always difficult,” said Messina Madson, first assistant for the Dallas County district attorney’s office. “We base plea decisions on the evidence available in any specific case and an overriding desire for justice for both victims and those charged with crimes. Our thoughts and prayers are with the Tovar family at this time.”

Kenney’s attorney, Gary Udashen, declined to comment.

The probation sentence outraged Tovar’s loved ones, who used the court appearance Tuesday to publicize their campaign seeking “Justice for Janette.” They wore T-shirts honoring her memory and held signs that referenced the Trans Lives Matter movement, including one that said “the world is watching.” They also brought Tovar’s ashes in a black box.

“All that life and color that was her is just that gray sand that I can pour through my hands. It’s as cold as my heart has become,” Tovar’s cousin, Marisa Anguiano, said during an emotional hearing in which she demonstrated her need for closure by pulling off a sleek black wig to reveal that she has cancer.

Anguiano slammed the probation as “unprecedented” in its leniency. However, offenders occasionally do get put on probation in cases where murder was the original charge. Earlier this year, a former high school basketball star got probation for causing the death of fellow athlete Troy Causey, Jr.

Tovar’s mother, Delfina Munoz, also took the stand during victim impact statements. She sighed, hung her head, opened her mouth and then closed it. She looked around, wiped her eyes and clenched a fist before she gathered the strength to speak.

“I see your face after three years. I am the mom of Janette,” she said through a translator. “I don’t think (10 years probation) is justice.”

Soon, however, her emotions took over. She began sobbing and yelling in Spanish. She did not wait for the translator. It didn’t matter if the court understood; it only mattered that she said what she needed to say. The translator relayed bits and pieces: “Why did you do this?” “What kind of person are you?” “God may forgive you, but I will not.”

When she’d let it all out, Munoz was helped off the witness stand and returned to her seat, where she sat clenching a photo of her daughter.

Kenney sat still and quiet throughout the hearing. His loved ones declined to comment afterward.

Meanwhile, Tovar’s family vowed to keep fighting for the woman they loved, a bar promoter who liked to sing and dance. They created a Facebook page for their cause and said they plan to march in the Dallas Pride Parade this weekend to raise awareness about domestic violence within the LGBT community.

“That’s just the beginning,” Anguiano said. “It’s not over.”

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