"Without the Virginia Beach cases and the witnesses here, the question becomes how strong is the Norfolk case without these witnesses?" said Pennie McIntosh, daughter of murder victim Henry McIntosh. He was killed in his Church Street barber shop during a robbery in 2010.
Back in June, Virginia Beach authorities charged Kearney in the April 2010 robbery of a Newtown Road barber shop. Months after, he was in jail on those charges. Norfolk authorities said Kearney was responsible for McIntosh's April 2010 murder. Those charges against Kearney came after Norfolk had to dismiss charges against another man they arrested for the crime.
"It's so sad to know that three years have passed. We've gone to court, looked at one guy, and he's claiming innocence and he is innocent, and we're back here again, and this looks shaky now," Pennie McIntosh said.
Virginia Beach prosecutors said when authorities charged Kearney in the Virginia Beach robbery, there were several witnesses willing to testify; however, there were no witnesses willing to get on a stand Thursday and say with certainty Kearney is the man who robbed the Newtown Road barber shop.
"You just want to cry and you've got to be strong and just believe that everything's going to be okay," said Pennie McIntosh. "That's all we could do."
Norfolk prosecutors told NewsChannel 3 Kearney's murder case is still scheduled for a bench trial in December.