Kevin Dunlap

Case record: Kevin Dunlap

Background

Kevin Wayne Dunlap (DOB 5-15-72) was sentenced to death on March 19, 2010 in Livingston County.

Dunlap was a former soldier and had served in the Army from 1989 until 2002. After being released from the Army, he served two years with the Kentucky National Guard in a now defunct unit based in Hopkinsville.

The offence

On October 15, 2008, Dunlap stabbed and killed a 5-year-old boy and his 14- and 17-year-old sisters in their home. He then raped and attempted to murder their mother by stabbing her with a knife. After he thought the mother was dead, he set fire to the home and left.

The three victims were Kayla Williams, 17; Kortney Frensley, 14; and Ethan Frensley, 5. Their mother was Kristy Frensley, 36.

Autopsy results showed the older girl died from a cut to the neck and the younger children died of multiple stab wounds. Dr. Deidre Schluckebier, regional medical examiner for western Kentucky, testified that Ethan Frensley was stabbed 11 times and that one wound penetrated his heart. Schluckebier testified that Kortney McBurney-Frensley was stabbed four times: three times in the chest and once in her neck. Schluckebier testified that Kayla Williams died from a deep slash to her throat, and that she was also stabbed in the neck.

Kentucky’s forensic anthropologist Dr. Emily Craig testified about efforts to recover the badly charred bodies of Ethan and Kortney. Craig described the remains and associated debris as “so incredibly fragile, so we know we’re only going to get one chance to do it right,” and described how she dug a pathway to preserve the crime scene. Craig said: “There was a lot of debris on top of (Ethan),” and that “A ceiling fan and a bed were directly on top of him.” Craig testified that Kortney’s remains were found about 10 feet away.

Schluckebier testified about a serrated steak knife that broke off at the handle during Kayla’s attack. Schluckebier testified that the blade was found during the autopsy in Kayla’s sweatshirt.

Investigation

Investigators found the victims’ bodies inside a burned home in Trigg County in October 2008. Police found Kristy Frensley and the children after responding to a fire at the house on Military Road. Dr. Frances Marshall Vanmeter removed a broken-off butter knife during surgery after Kristy Frensley was admitted to Jennie Stuart Medical Center; Dunlap’s victim was “riddled with stab wounds,” and an X-ray later discovered the knife lodged in her neck.

When Butts asked for a description, Frensley said the man was white and had been wearing a DIRECTV shirt. When Butts asked, “‘Kristy, who did it?’ She said, ‘I didn’t know him.’” When Butts asked “Kristy, what happened?” She said, “‘I’ve been raped.’” Butts held Frensley’s head during the ambulance ride.

Commonwealth’s Attorney G.L. Ovey pointed to two pictures during testimony, which were said to depict Kortney McBurney-Frensley and Ethan Frensley.

Arrest

Kentucky State Police arrested Kevin Dunlap and charged him in the deaths of three Trigg County children at their home in Roaring Springs.

On October 18, 2008, Dunlap was arrested at 1:30 p.m. Saturday with three counts of capital murder and one count of attempted murder. He was also charged with four counts of capital kidnapping, three counts of tampering with physical evidence, and one count each of burglary and rape. He was taken into custody shortly after 8 a.m. Saturday at his home where several police officers and a KSP SWAT Team converged.

Authorities put the house at 2503 Cox Mill Road under surveillance on Friday night, and police had search warrants for Dunlap’s house and personal vehicle. Police believe the evidence linked Dunlap to the deaths of Kayla Williams (17), Kortney Frensley (14), and Ethan Frensley (5). Patterson announced Dunlap’s arrest Saturday afternoon to a crowd of several dozen local residents.

A preliminary hearing was set for Friday morning after the initial court appearance by video from jail in neighboring Christian County, where Dunlap remained without bond. He was represented by a public defender and did not enter a plea to three counts of capital murder and other charges at that time.

Police also planned to add firearm enhancements because Dunlap carried a weapon during the commission of the offenses. Patterson said: “We did find particular pieces of evidence” at the residence. Patterson stated investigators developed the case against Dunlap on Friday evening and used covert surveillance and undercover officers to monitor his Hopkinsville residence until the arrest. A warrant allowed investigators to search a DIRECTV van at Dunlap’s home.

Christian County Jailer Brad Boyd took charge of Dunlap at 4:40 p.m. Saturday when Dunlap was walked from the Christian County Sheriff’s Department to the jail on a foot bridge over Little River. Two state troopers escorted him. Boyd said that a prisoner of Dunlap’s nature required extra security measures and that facing capital murder charges, Dunlap could be a danger to himself. Boyd planned to confiscate Dunlap’s work clothing and shoes and issue him an orange jumper and lace-less shoes. Boyd said: “We have extra security, especially in the first weeks of his incarceration. Without a doubt with a crime like this when we have young kids and teens as victims, we will see some hard feelings in the community and from other inmates,” and he added: “We have extra security, especially in the first weeks of his incarceration.”

Trial

Dunlap pleaded guilty on February 9 to the murders of Kayla Williams, 17; Kortney McBurney-Frensley, 14; and Ethan Frensley, 5, and to the rape and attempted murder of Kristy Frensley. Dunlap waived his right to have a jury decide a sentence on certain charges. He pleaded guilty to 13 counts, including 6 capital offenses, relating to the fatal stabbing of the three children and the rape and attempted murder of their mother, Kristy Frensley, on Oct. 15, 2008.

The sentencing phase proceeded with a jury seated after six days of questioning, and the jury determined he should receive six death sentences.

Dunlap’s defense attorneys were Jason Pfeil and James Gibson. Defense attorneys asked for a retrial on March 1 based on errors in court proceedings that included the decision by Judge C.A. “Woody” Woodall not to recuse himself and the denial of Dunlap’s plea of guilty but mentally ill. Woodall denied a retrial motion.

Dunlap waived his right to a jury sentence on non-capital offenses. During the sentencing proceedings, the defense did not cross-examine any witnesses called by the prosecution.

Witness testimony about the fire and injuries

Neighbors noticed smoke billowing from the home at 169 Military Road. Karen Walker testified that when she saw Kristy Frensley’s Jeep in the driveway, she knew who was inside and she said she kept screaming: “I just kept screaming, ‘There are babies in there,’” and that she was sobbing during testimony.

A Fort Campbell soldier Shane Lawry testified he noticed the smoke and went into the burning home through the front door, yelling to see if anyone was inside. He testified: “People were yelling kids were inside the house,” and he did not hear a response. Lawry testified he saw someone’s foot in a window, and he and other neighbors broke the glass and pulled Kayla Williams from the inferno. Lawry testified: “When we grabbed her legs, it was so hot it startled us. So we pulled back and it ripped her skin off onto our hands.”

Walker and another woman tried to administer CPR to Williams but were unsuccessful. Walker testified: “She was trying to breathe,” and Trigg County Sheriff’s Deputy Kenneth Butts testified: “I knew in my mind there was nothing that could be done.”

Matt Ledford testified that he stopped at the Frensleys around 4:30 p.m. and opened the door when no one answered. Ledford testified: “I may have stepped in maybe a half a foot or a foot, that’s it,” and that the only noise he heard was that of the swimming pool pump motor. Ledford drove to Hopkinsville after leaving Trigg County and was paged to the fire. Ledford testified: “The first three letters of the tag were H-E-Y — ‘Hey,’ Ledford said. “That’s why I remembered it.”

Ledford testified that Kristy Frensley was “floating face-up in the pool with her hands tied behind her back,” and said that he stayed at the scene into the next morning, only leaving for an hour in the middle of the night.

Sentencing

Dunlap returned to a Livingston County courtroom on March 19, 2010. He was dressed head to heel in blaze orange prison garb assigned to inmates at Kentucky State Penitentiary. He was expected to begin wearing red, the same color as other death row convicts across the Commonwealth.

Trigg Circuit Judge C.A. “Woody” Woodall said: “Your admission to those crimes speaks better than I ever could,” during Dunlap’s sentencing hearing. Woodall also denied a retrial motion and upheld the jury’s decision to send Dunlap to death.

Woodall told Dunlap’s counsel and the courtroom: “The (jury’s) verdict was fair, it was a just verdict, so I agree our journey to justice is about to end here.”

Dunlap received six death sentences and was also sentenced to 55 years for non-capital offenses and additional life sentences for certain capital-related offenses as described during sentencing. The account states he received 55 years for first-degree burglary, tampering with physical evidence and attempted murder and three life sentences for first-degree arson, kidnapping and rape—maximum for each crime. He was credited with already serving 518 days.

During the sentencing, the victims’ family members made statements. Doug Williams, Kayla Williams’ father, read a prepared statement. Williams asked Woodall to stand by the jury’s decision to give Dunlap the death penalty and called Dunlap a “coward” and “monster.”

Williams said: “I still find it hard to understand how you can sit motionless, emotionless and void of reaction as the many photos and accounts of the aftermath of your crimes were described in great detail to this courtroom,” and: “It’s clearly evident that you have no remorse for your crimes against my family and this society.” Williams also said: “I only regret I cannot be allowed to determine your punishment on my own and carry it out as your personal executioner.”

Dunlap’s mother, Sheila, and brother, Blyth, attended the trial from Texas but were not present during sentencing.

Commonwealth’s Attorney G.L. Ovey followed Williams’ speech and told Woodall a death sentence would bring justice to the victim’s family. Ovey said: “That’s all the system can do,” and: “If there’s ever a case … that cries out for the death penalty, it is this case.”

The sentencing information included that Dunlap faced 20 years in prison to the death penalty and that a jury would decide his fate.

The conviction was described as including the following crimes: Murder (Capital)-3cts; Kidnapping-Victim Death (Capital)-3cts; Kidnapping-With Serious Physical Injury; Rape 1st Degree with Serious Physical Injury; Arson 1st Degree; Criminal Attempt-Murder; Burglary 1st Degree; Tampering With Physical Evidence-3cts.

Appeals

Dunlap had the right to an appeal, which the Department of Public Advocacy must file within 30 days. The verdict would automatically be reviewed by the Kentucky Supreme Court.

Outcome

Dunlap was sentenced to death on March 19, 2010. The judge denied a retrial motion and upheld the jury’s decision to send Dunlap to death.

Aftermath

Since being sentenced by a jury, Dunlap was held at the state penitentiary in Eddyville, removed from general population. A prison employee said he would be put on death row immediately following formal sentencing.