A Dallas man was sentenced to 10 years probation Tuesday after pleading guilty to aggravated assault in the death of a transgender woman who he called his life partner — causing outrage among family members.
Jonathan Stuart Kenney, 29, assaulted Janette Tovar, 43, in October 2012 after an argument between the two escalated, according to an arrest affidavit obtained by the Dallas Morning News.
Authorities say Kenney slammed Tovar's head into the concrete about a block away from their apartment, and continued the assault after getting home, according to the affidavit. He then called police that afternoon to report that Tovar was not breathing or responsive, according to a police report. A medical examiner ruled Tovar died of blunt force trauma to the head.
The Dallas County district attorney's office had originally charged Kenney with murder, but he was later indicted for aggravated assault — also a first-degree felony. In exchange for pleading guilty Tuesday, Kenney got 10 years of deferred adjudication, a type of probation in which a judge can sentence someone to life in prison for violating its terms.
"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, in an emailed statement. "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."
Tovar's family expressed their outrage with the sentence by wearing T-shirts memorializing her and carrying signs that read "The World Is Watching."
"I see your face after three years. I am the mom of Janette," Tovar's mother, Delfina Munoz, said through a translator in court on Tuesday. "I don't think [10 years probation] is justice."
"I'm beyond sad and outraged," Tovar's cousin, Marisa Anguiano, told BuzzFeed News. "It wasn't just an outrage what he did but an outrage about this life that was lost."
Anguiano described her cousin as "sweet, soft spoken, always laughing, always smiling." Tovar worked at Grapevine Bar in Dallas as a promoter and bar back. When she wasn't working, she liked spending time with her mother and nieces.
Nell Gaither, president of the Trans Pride Initiative in Dallas, said Tuesday's sentence "sends a message about the value of trans lives," adding that the agreement should have included "more than just probation."
Gaither said Kennels should also be required to complete educational training on the impact of domestic violence.
At the time bruises and cuts were noticed Tovar's arm — indicating other possible violent encounters — there were few shelters or facilities to adequately serve transgender people fleeing violence at home, Gaither noted.
Many facilities deny shelter to transgender people because their assigned sex does not meet the facilities' gender requirements. The Salvation Army Domestic Violence Unit is the only shelter that accepts people based on self-affirmed identity in Dallas, she said.
Gaither said those rules legitimize violence by an abuser, who often invalidates the transgender partner's self-affirmed identity by saying, for example, that they are not a "real woman or real man."
"It's a bigger problem," Gaither said. "It's systemic within an entire culture in how we deal with acts of violence against trans persons."
The family has set up a Facebook page to continue to advocate for Tovar. Anguiano, a former paralegal, argues Kennel's prosecution was not given the same amount of scrutiny that is typically given to homicide cases.
"It's not over," she said. "No family should have to feel like their daughter's life was worth 10 years probation."