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Man Who Killed Brother Along Hwy 21 Pleads Guilty, Gets Life Sentence

By: Clay Falls and Steve Fullhart Email
By: Clay Falls and Steve Fullhart Email
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BRYAN *10 P.M. Update*

A Shepherd man will now spend the rest of his life behind bars after pleading guilty to shooting and killing his own brother here in Brazos County.

28-year-old Kyle Wischnewsky could have faced the death penalty had he gone to trial.

Prosecutors say this sentence is the best option for this horrific crime.

Brazos County District Attorney Jarvis Parsons said it's such a sad set of circumstances with the Wischnewsky Family losing a loved one at the hands of another.

Friday afternoon Brett Wischnewsky addressed his uncle and man that murdered his father.

An emotional day in the Brazos County Courthouse as 28-year-old Kyle Wischnewsky was sentenced to life in prison for killing his older brother.

42-year-old Cliff Wischnewsky of Tomball was shot two times in the head on March 22, 2012 after his brother Kyle lured him to Highway 21 east of Bryan for a fake sale of ATVs.

"One of the few things that gives me any kind of peace is the fact knowing my dad was happy," said Cliff's Son Brett Wischnewsky.

He addressed his father's killer, who is also his uncle.

"I will not call you by name because you are nothing to me. I could speculate why you would do something so evil but I guess the why doesn't matter as much anymore. It's done. Nothing will ever bring my dad back," said Brett Wischnewsky.

Kyle was a convicted felon before the murder.

After killing his older brother, he stole his pickup truck and $14,000 in cash.

He and his girlfriend were tracked to a motel in Carlsbad, NM after investigators pinged his cell phone.

Brazos County District Attorney Jarvis Parsons says they considered all options and spoke with the victim's family prior to the plea agreement.

"I think the fact that he is going to be spending the rest of his life in prison and he will die in prison I think gets the punishment that he deserves for killing his sibling," said Parsons.

"I often wonder though did my dad know that his brother had betrayed him? Did he know that the person he had trusted led him to his execution?", said Brett Wischnewsky.

Clifford Wischnewsky was the owner of Allstate Concrete in Tomball before he was killed.

Kyle's girlfriend Sheila Diane Kennedy was arrested in March 2012 for violating probation for burglary of a habitation.

She is now serving prison time, but was not implicated in the murder.

The victim and suspect's family declined to make any other statements to the media following the court proceedings.

As part of the agreement Kyle Wischnewsky will not be eligible for parole, nor can he appeal his sentence.

*Previous Story*

The brother of a Tomball man killed along a Brazos County stretch of highway has pleaded guilty to the capital murder and will spend the rest of his life in prison.

Kyle Wischnewsky, 28, agreed to the plea deal Friday, and was found guilty and sentenced in the 85th District Court.

Kyle Wischnewsky shot and killed his brother, Clifford Wischnewsky, in March 2012. Authorities believe Kyle lured Cliff to Brazos County on the idea that the brothers would be purchasing ATVs. Instead, Kyle attacked Cliff, leaving his body along the side of Highway 21.

Kyle took Cliff's $14,000 and his pickup and fled to New Mexico. He was eventually captured by authorities in Carlsbad after he tried to flee.

The only two options for Wischnewsky would have been life in prison without the possibility of parole or the death penalty had he been convicted of the crime. By waiving his right to a jury trial and pleading guilty to the capital murder, Wischnewsky automatically got the life sentence option.

"The case is extremely unique considering that the mother of the victim is also the mother of the defendant," Brazos County District Attorney Jarvis Parsons said after the proceedings. "There is no way for the criminal justice system to fill the void left by this defendant's actions on his own family. Considering everything else, including the fact that the defendant will spend the rest of his life in prison for killing his brother, we believe this sentence is a just result."

Clifford's son, Brett, made a statement to his uncle following the sentencing, fondly remembering his father, but blasting his uncle for taking that life away.

"You took a good man from this world, a real good man," Brett said to his uncle, who he refused to refer to by name. "You should have been the one who went that night, buddy."

The attorney for Kyle Wischnewsky said he was not authorized by his office to comment on the proceedings.

The Wischnewsky family chose not to comment beyond Brett's victim impact statement before the court.


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