Lack of test results stop court action

By Ronica Shannon
Register News Writer

December 12, 2008 09:24 pm

— A late medical analysis halted a Livingston man’s pretrial conference Thursday in Madison Circuit Court. He is accused of striking two Berea pedestrians in April 2007 and leaving the scene. He also is charged with drug possession.
Justin Hemmerling, 31, is scheduled Jan. 13 for another status hearing.
He was sent to Frankfort for a medical examination in November 2007, and the results have yet to be returned, said Jerry Gilbert, Hemmerling’s attorney.
Hemmerling reportedly has a history of multiple sclerosis and was actually suffering from a blackout when the pedestrians were struck, Gilbert said.
He also has been evaluated by both a neurosurgeon and a cardiologist in an effort to reach a diagnosis, with no reported results, Gilbert said.
However, police on the scene of his original arrest had a much different story to tell.
He was indicted in November 2007 for two counts of first-degree assault, leaving the scene of an accident and possession of marijuana.
Hemmerling allegedly crossed the center line on Elipse Street in Berea and then drove up on the sidewalk, striking students Christopher Evans, 18, of Middlesboro, and Debra Blacker, 18, of Covington. Police found them unconscious in a nearby field after Hemmerling was stopped driving his Toyota truck, which had extensive damage both to the windshield and front end, according to police.
“(Hemmerling) could not tell (Berea Police Lt. Janice Thompson) how the vehicle had been damaged,” said Capt. Ken Clark of the Berea Police Department at the time of the incident. “She (Thompson) said she located hair in the windshield, went into the field and searched and found the two victims.”
If convicted on all charges, Hemmerling could receive up to 20 years in prison for each count of first-degree assault. Both leaving the scene of an accident and possession of marijuana are misdemeanor charges.

Ronica Shannon can be reached at rshannon@richmondregister.com or 623-1669, Ext. 234.