NISD PD officer who shot woman outside football game given 6 years deferred adjudication, no jail time

Officer Kyle Kennedy must surrender his Texas peace officer's license as part of the plea deal.

Jan. 28, 2026 at 3:23pm

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 as part of the plea agreement.

Why it matters

This case highlights the ongoing challenges and controversies surrounding police use of force, particularly in situations involving civilians. The lack of jail time for the officer has raised concerns about accountability and whether the punishment fits the crime.

The details

According to the incident report, Kennedy and another NISD officer were directing traffic outside Dub Farris Athletic Complex on Oct. 28, 2023 when they approached a woman, Markay Garcia, who was acting aggressively inside a parked vehicle. Garcia then drove toward Kennedy in a 'threatening manner' and attempted to drag the other officer with her vehicle, prompting Kennedy to fire his weapon and strike Garcia in the arm. Garcia survived her injuries.

  • On October 28, 2023, the incident occurred outside the Dub Farris Athletic Complex.
  • In November 2024, Kennedy was charged with aggravated assault by a public servant, deadly conduct-discharge firearm and official oppression.
  • On January 28, 2026, Kennedy was sentenced to six years deferred adjudication and must surrender his Texas peace officer's license.

The players

Kyle Kennedy

A 33-year-old Northside Independent School District police officer who shot a woman outside a high school football game in 2023.

Markay Garcia

The woman who was shot by Officer Kennedy in the arm after she allegedly drove toward him in a 'threatening manner' and attempted to drag another officer with her vehicle.

Northside Independent School District (NISD)

The school district that employed the two officers involved in the shooting incident.

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What they’re saying

“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.”

— Thom Nisbet, Defense attorney representing Kyle Kennedy (KSAT)

What’s next

Since Kennedy was given deferred adjudication, the case will be dismissed in six years if he abides by the requirements of the court. The second officer involved in the incident remains employed by NISD.

The takeaway

This case highlights the ongoing tensions and complexities surrounding police use of force, particularly in situations involving civilians. The lack of jail time for the officer has raised concerns about accountability and whether the punishment fits the crime, underscoring the need for continued scrutiny and reform in this area.