A Madison County jury will be asked this week to determine whether a 2011 shooting was the result of an accident, recklessness or an intentional aggressive act.
The trial of Iraq War veteran Denver Rearick, 29, is scheduled to start today at 9 a.m. in Madison Circuit Court. If convicted of first-degree assault, he faces a possible sentenced of 10 to 20 years in prison.
Rearick is accused of shooting fellow Army veteran Matthew C. Richie in the face Jan. 22, 2011, at a Waco Loop home. The Kentucky State Police initially reported both men were intoxicated and “twirling” guns when Rearick’s .45 caliber-pistol accidentally fired.
Seven months later, however, the evidence collected in the case was presented to a Madison grand jury, which indicted Rearick on a charge of first-degree assault.
An investigating KSP trooper said at the time of Rearick’s arrest in June 2011 that the man’s behavior was “reckless.”
However, the victim’s mother, Wendy Richie, believes the shooting was intentional, saying Rearick’s story about twirling guns was a “cover-up from the beginning.”
Matthew Richie nearly died and has faced serious hurdles to his recovery, which has included learning to walk, talk and eat again, his mother said.
Wendy Richie said her son remembers everything that happened that night and claims Rearick was acting aggressively toward him and had pulled a gun on him several times.
Rearick and Richie both served in the 101st Airborne Division (Air Assault) based in Fort Campbell. Both men served a tour of duty in Iraq together, Wendy Richie said.
Richie and his parents have filed a civil suit against Rearick and his parents, who are the owners of the residence where the shooting occurred. The lawsuit alleges negligence and seeks compensation for Richie’s medical bills, pain and suffering and attorney fees.
Rearick’s attorney, Michael Eubanks, said Thursday that one of his main defenses at trial will be that the KSP investigation was seriously flawed.
KSP Detective Toney Allen was questioned during a July hearing about some interview tapes from the investigation that had not been turned over to the defense. Allen admitted he had not been able to find the tapes, and he also did not know if gunshot residue tests had been performed.
“That’s very concerning to me that (the evidence) is missing,” Logue said at the hearing. However, she did not grant Eubank’s motion after the hearing to dismiss the case.
Sarah Hogsed can be reached at shogsed@
Defendant, victim are Iraq War veterans
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Man indicted in I-75 wreck that killed two
A man who police believe started the chain of events that led to the deaths of two people on Interstate 75 in February was indicted on several felony charges Wednesday in Madison Circuit Court.
Bryan M. Mangan, 56, of South Bend, Ind., was indicted on six counts of first-degree wanton endangerment, tampering with physical evidence and operating on a suspended license.
Man charged with reselling employer’s equipment
A man who worked for a local satellite TV company has been charged with ordering extra equipment and selling it online.
Charles William Hensley, 39, of Manchester, worked for the Multiband Corporation at its Richmond office, according to a Richmond police report.
Multiband maintains DIRECTV’s installations, service and upgrades for single-family homes in 20 states and commercial sites nationwide.
Saturday is National Drug Take-Back Day
A nationwide initiative to dispose of prescription drugs in a safe manner will take place Saturday.
Three Madison County sites are available for residents to get rid of their unused, unneeded or expired prescription drugs as part of the eighth annual National Prescription Drug Take-Back Day:
• Richmond Police Department, 1721 Lexington Road, box is outside by the front door.
• Kentucky State Police Post 7, 699 Eastern Bypass, across from the EKU stadium, box is inside at the front door.
Retro Radio Revue
“Stan O’Donnell’s Retro Radio Revue,” presented by Rose Barn Theatre, will be performed at 7:30 p.m. Friday and Saturday at Gillum’s Sports Lounge in the Richmond Mall.
The production focuses on the performers of the show and the follies and chaos that take place as the unexpected ensues. Local musical performers from Madison County will be showcased throughout the production.
Gillum’s will provide a full menu service and cash bar beginning at 5:30 p.m.
Tickets for the show are $15 and available at the door or in advance at www.rosebarntheatre.org.
The event is a fundraiser for the nonprofit arts organization.
Luallen says no to 2015 governor’s race
After months of deliberation, former state Auditor of Public Accounts Crit Luallen announced Thursday she will sit out the 2015 race for governor.
The announcement disappointed friends and associates who see Luallen as an able and experienced administrator — she served in six gubernatorial administrations — but also someone with the character and integrity to restore confidence in government.
Blue Grass Army Depot sponsors 5K
The Blue Grass Army Depot is hosting a 5K run/walk Saturday in support of National Sexual Assault Awareness Month.
The no-entry-fee event will begin and end at the depot’s new sports complex ball fields, according to a news release from the installation. Preregistration is available online at www.bluegrass.army.mil or starting at 9 a.m. the day of the event.
Wildcats encourage Cardinals to work hard in school
University of Kentucky student athletes Kastine Evans, a guard on the women’s basketball team, and Jon Hood, a guard on the men’s team, stopped by Waco Elementary School on Wednesday to talk about the benefits of working hard in school.
Mayor, commissioner pay changed
The Richmond City Commission approved 4-1 a new pay scale for the mayor and commissioners at a special-called meeting Wednesday morning.
Harrodsburg to get old Richmond police mobile computers
Richmond is donating to the city of Harrodsburg eight of 39 old computers formerly used in police cruisers.
Health science students organize blood drive
Aside from the gift cards and free snacks, 50 Madison County high school students have other reasons for donating 35 pints of blood Wednesday to the Kentucky Blood Center at Madison Central High School.
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