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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Water Street storm-water digging begins
Caisson holes were drilled and then filled with concrete and steel poles Monday to create a retaining structure to shore up the Allstate Insurance building foundations' firm when excavation for the Water Street Stormwater Improvement Project begins.
Digging for 20 ton, 6 by 7 foot concrete box culverts will begin today, if weather permits, said Jason Hart, Richmond’s director of Planning and Zoning. The culverts will help reduce the likelihood of flooding on Water Street by carrying storm water under Main Street, the CVS parking lot and Irvine Street to a stream, he said.
RPD: Bottle bomb injures man, damages neighbor’s home
Richmond Police on Friday charged Robert Abney, 30, of Moberly Avenue, in connection with a May 30 explosion that injured Abney and damaged a neighbor’s home.
Officers were dispatched May 30 to a residence in the 500 block of Moberly Avenue to investigate the report of an explosion.
They found the remains of a plastic bottle bomb near a residence adjoining Moberly’s, according to an RPD news release. A wall of the occupied home was smoldering and grass was burned in the area, it added.
Two led police on I-75 chase from Berea
Berea Police found a man passed out and intoxicated inside his crashed vehicle on Interstate 75 Wednesday, according to a police report.
Steven Coffey, 34, of Berea, had slurred speech and was unsteady on his feet when officers arrived at the vehicle, the police report stated. They determined he was under the influence of drugs, the report stated.
A race to the finish line
Sheltered by overcast sky and supported by a cool breeze, teams competed Saturday morning in the second annual HeartChase at Richmond Centre.
Hops & Vine Festival raises money for humane society
Downtown Richmond’s Hops and Vine Festival started more than two years ago with a question.
Bill Clinton will stump for Grimes in eastern Kentucky
Democrat Alison Lundergan Grimes is again calling in the “Big Dog” in her quest to unseat five-term Republican U.S. Sen. Mitch McConnell.
Former President Bill Clinton will join Grimes on Aug. 6 for a campaign rally in eastern Kentucky, according to a campaign official who would provide no further details.
Cattle farmers enjoying ‛perfect storm’
Demand is up, and cattle are selling for record prices.
At the same time, corn prices are down and fuel prices have stabilized.
That adds up to a “perfect storm” for Kentucky cattle farmers, said Gary Kelly of Paint Lick as he ate lunch Friday with his brother Jimmy at the restaurant across from the Blue Grass Stockyards.
Fire training tower going up
A new training tower for the Richmond Fire Department is rising on Four Mile Road.
Construction began Thursday on the four-story, steel-framed structure.
Pavement work to restrict I-75 in Rockcastle County
Beginning Sunday until about the end of November, Interstate 75 in Rockcastle County will be reduced to one lane in each direction between mile points 58 and 66 for pavement work.
Jailed woman charged with heroin trafficking
A Richmond woman already jailed on another charge was served with a drug trafficking warrant Thursday.
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