Genoa man found guilty of murder could serve up to 60 years in prison

By Dave Gong

A man charged in a 2005 home invasion that left one man dead and another wounded was found guilty of murder Wednesday night.

Kirk B. Swaggerty, 41, was found guilty of murder, home invasion and unlawful possession of a weapon by a felon. Stephanie Klein, DeKalb County Assistant State’s Attorney, said the sentencing range for Swaggerty is 20 to 60 years in prison.

DeKalb County Sheriff Roger Scott said Swaggerty and several other individuals orchestrated a burglary in February 2005 in order to steal drugs from a home in Genoa. Scott said Swaggerty was charged because the burglary led to the death of Michael T. Kappa, 32, who was also involved in the burglary.

“The shooting was not planned, but occurred because of the plan to burglarize the home,” Scott said.

Scott also said warrants were issued for three individuals involved with the burglary, two of which were apprehended. Swaggerty left the country and was eventually apprehended in Mexico by United States Marshals. Swaggerty was brought to DeKalb County Jail on Nov. 12, 2009.

Klein said she is pleased with the verdict.

“I think the jury considered the evidence and came to a just and correct verdict,” Klein said.

Swaggerty is scheduled to appear in court on Sept. 30 for sentencing.

Messages left for Jason Kopec, defense attorney for Swaggerty, were not immediately returned.