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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EKU wins OVC tourney
The Eastern Kentucky University Colonels are OVC champions and are headed to the Big Dance.
Hot early shooting propelled EKU to a thrilling 79-73 win over defending champion Belmont Saturday in the championship game of the OVC Tournament.
The Colonels receive the OVC's automatic bid to the NCAA Tournament.
The win gave EKU it's sixth OVC Conference Tournament title.
The Colonels hit four consecutive three pointers to open the game and led by as many as 15 points in the first half.
Corey Walden led all scorers in the game with 29 points, including 10-of-11 free throws. Glenn Cosey finished with 23 points on 5-of-8 shooting on three-pointers and Tarius Johnson added 15 points and five rebounds.
Veteran certification officer fired from EKU
Accusations of cheating on an online test led to the firing of an 18-year Eastern Kentucky University employee Wednesday.
Retha Sandlin, formerly a veteran certification officer in the Burnam House for EKU’s student veterans, said the decision resulted from a misunderstanding on the part of Jaime Roberts, the house’s interim office manager.
Proposed bill takes aim at heroin problem
Proposed legislation before the Kentucky General Assembly aims to combat the state’s growing heroin problem using three strategies – education, treatment and law enforcement aid.
Sen. Jared Carpenter, R-Berea, is one of the sponsors of Senate Bill 5. The bill was passed in the Senate earlier this year, 36-1, and is waiting to be heard by the House Judiciary Committee.
New kid at the market
A three-day old black-and-white goat named Ellsa was the star Saturday morning at the new Richmond Downtown Farmers Market.
The Nubian goat mix was brought to the weekly market by Four Sisters Farm. Located off Four Mile Road in Madison County, the farm specializes in goat products.
Hundreds turn out for fishing team’s fundraiser
Madison Central High School’s bass fishing team got a boost Saturday when its first-ever Fishing Tackle Swap turned out to be a huge success.
About 500 buyers showed up to check out what the 38 vendors had to offer. At least 17 of the vendors were from outside Madison County. There were even a few boats for sale.
Pets of the Week from the Madison County Animal Shelter
The Madison County Animal Shelter is located at 1386 Richmond Road in Berea. Shelter hours are 9 a.m. to 5 p.m. Monday through Friday and 9 a.m. to 4 p.m. Saturday. Animals available for adoption can be seen from noon to close Monday through Saturday.
Feds deny giving OK to selenium standards
When lawmakers wrestled last year with new standards for releasing selenium into streams by coal mines and industry, they were assured by state officials the proposals were based on sound science and approved by U.S. Fish and Wildlife Service officials.
Eastern students practice fire fighting in burning building
Thick barrels of smoke rolled out of the room as nearby observers could feel the fire’s heat on their faces. Furniture and drywall fueled the blaze. Flames licked the top of the door frame and the flat ceiling.
Airport planning mock disaster drill
Madison Airport officials and Eastern Kentucky University are making plans for a mock disaster drill tentatively scheduled for August.
Prior 'bad acts' to be allowed in Marcum murder trial
A Madison Circuit judge ruled Friday that prior “bad acts” of murder defendant Christina Marcum may be admitted during her upcoming trial.
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