The Richmond Register

Local News

July 13, 2012

State trooper is questioned about missing evidence

RICHMOND — A hearing Thursday in Madison Circuit Court revealed that some evidence collected by the Kentucky State Police in a first-degree assault case may have gone missing.

Denver Rearick, 28, was charged June 21, 2011, by the KSP who allege he was twirling a .45-caliber pistol when his friend, Matthew C. Richie, was shot in the face. First-degree assault is a Class B felony punishable by 10 to 20 years in prison.

The shooting had occurred more than six months earlier on Jan. 22, according to the KSP. Both men were intoxicated at a Waco Loop Road home while playing with the guns, the KSP reported then.

Richie survived the wound but faced a long-term recovery and rehabilitation, according to the KSP report.

Rearick's attorney, Michael Eubanks, told Circuit Judge Jean C. Logue on Thursday that he did not have all the evidence in the case.

“I’m convinced I don’t,” Eubanks said.

Assistant Commonwealth’s Attorney Tom Smith said he had turned over everything given to him by the KSP to Eubanks concerning the case. Smith said he also had subpoenaed the investigating officer, Trooper Toney Allen, to appear in court Thursday so Eubanks could question him about the evidence he believed was missing.

Allen was sworn in, and Smith questioned him first. Smith asked him about two interviews, one conducted March 1, 2011 with Richie, and another interview conducted April 29, 2011 with Rearick.

Allen confirmed both those interviews were taped, but he did not have the tapes with him.

“There’s been a couple of tapes I've been unable to locate,” Allen said.

Allen said the policy for filing a taped interview was to attach the case number to it and then request that a clerk at the officer’s KSP post place the tape with the case file.

Allen also testified that for other types of evidence, a form is filled out and attached to it, but this is not done for tapes.

Allen admitted that he could've misplaced the tapes or put the wrong case number on them.

“I'll be honest with you, I just don't know,” Allen said.

Eubanks also questioned Allen, and he pressed the trooper about the whereabouts of the tapes and also what tests had been done on the firearm.

Eubanks confirmed that the gun had been returned to Rearick just a few days after the shooting, and he asked if a ballistics or test-fire report had been performed on the gun. Allen said no.

The documents that the attorneys did have indicated another trooper was asked to gather gunshot residue evidence, but the test kit and test results had not been produced by the KSP.

“You don't know where they're at?” Eubanks said. Allen said the kit, if it had been done, could have been sent to the KSP forensics lab in Frankfort.

“I can’t even tell if they did this GSR based on these records,” Eubanks said.

At that point in questioning, Judge Logue said she was confused about whether the KSP trooper simply didn't have the evidence with him in court or the evidence didn't exist.

“How do we get that evidence if you do not have it?” Logue asked Allen.

Logue ordered that Allen go to the post, retrieve the original investigation file and return to meet with Eubanks and the assistant commonwealth’s attorney at 3 p.m.

“That’s very concerning to me that (the evidence) is missing,” Logue said.

Logue said the KSP had been ordered in March to turn over all evidence to the attorneys.

Rearick is free after posting a partially secured $50,000 bond last year.

Last month, a burglary case against Joshua and Amy Newby was declared a mistrial after it was revealed that the KSP had not turned over a tape and a written summary of an interview in which one of the defendants reportedly implicated the other.

The trial was rescheduled for Oct. 8.

Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.

1
Text Only
Local News
  • 8-1 Bees 2.jpg Bee-ing in the know

    Bee lovers were buzzing around Eastern Kentucky University this week for the Eastern Apicultural Society’s 2014 conference.
    Hobbyists, scientists and apiarists traveled from as far as Canada, France and New Zealand, as well as many states, to spend the week exploring numerous aspects of bees.

    July 31, 2014 8 Photos

  • 8-1 Tanya R. Horn.jpg Store employee charged with taking $10,000

    Tanya R. Horn, 33, of Darlene Court, pilfered $10,196 in cash from Posh Tots on Meridian Way over the course of two years, according to a Richmond Police report.

    July 31, 2014 1 Photo

  • 7-30 Candids 1.jpg Madison County Fair paid admissions total 10,000 by Tuesday

    Approximately 10,000 people had purchased tickets to the Madison County Fair by Tuesday evening, Billy Tudor, fair board president said Wednesday morning.
    The count does not include Sunday’s Family Fun Day, which offered free admission, Tudor said.

    July 31, 2014 10 Photos

  • 7-31 Pageant Toddler Girl Winners.jpg Babies, toddlers crowned at Madison County Fair

      

    July 31, 2014 4 Photos

  • Airport getting $600,000 in federal funds

    On July 14, Gov. Steve Beshear announced the Madison Airport and the Eastern Kentucky University aviation program would be receiving $1.1 million for expanded and improved facilities.
    On Wednesday, U.S. Rep. Andy Barr, R-Sixth District, announced the airport also would benefit from $600,000 in Federal Aviation Administration funds.

    July 31, 2014

  • Veggies going on the grill Saturday

    The Madison County Farmers Market will demonstrate Saturday that fresh garden vegetables can go on the grill as well as in a salad.
    The Madison County Extension Service staff, along with members of the extension homemakers clubs, will be on hand to show market customers how tasty grilled vegetables can be, said Gina Noe, extension agent for family and consumer sciences.

    July 31, 2014

  • Stumbo says McConnell ‘handpicked’ leader of coal association

    Democratic Speaker of the House Greg Stumbo said Wednesday there’s an obvious reason the president of the Kentucky Coal Association has publicly defended Republican U.S. Sen. Mitch McConnell’s support of the coal industry.

    July 31, 2014

  • Berea utility doubles solar farm, again

    Berea Municipal Utilities started its solar farm in October 2011 with 60 panels. In less that five days, all were leased.
    Another 60, which became operational in June 2012, were leased in less than four months.
    Now, the farm again has doubled, with the addition of 126 panels that are ready for leasing, said Steve Boyce, a retired Berea College professor who has been involved with the program since its inception.

    July 30, 2014

  • Miss Madison Winners 2.jpg My fair ladies

      

    July 29, 2014 5 Photos

  • 10th Quilt Extravaganza is Friday, Saturday

    Displays of quilts by men, baby quilts, the Grandmother’s Flower Garden pattern, an exhibit of feed sack fabric, ongoing demonstrations, and a vendors market are features of the 10th Berea Quilt Extravaganza Friday and Saturday at Berea Community School off Ellipse Street.

    July 29, 2014