Brickhouse shooting cases to be split
By Kat Russell, Reporter
The Paducah Sun
DATE
http://www.paducahsun.com/news/local/brickhouse-shooting-cases-to-be-split/article_2417175e-5b15-11e7-bf77-10604b9f0f42.html
Brickhouse shooting suspect Denzel Powell will be tried separately from his two co-defendants, Tracell Nunn and Christopher Smith.
That decision, made Friday by McCracken Circuit Judge Tim Kaltenbach, came after Powell's defense attorney Brandi Jones filed a motion in December requesting her client be tried on his own.
Powell, 23, Smith, 34, and Nunn, 27, are each charged with murder.
The charges stem from the April 16 shooting death of Gray Johnson, who police say got caught in the crossfire among Powell, Smith and Nunn.
Smith and Nunn also face charges of attempted murder and convicted felon in possession of a handgun, and Nunn has an additional charge of being a persistent felony offender.
The attempted murder charges stem from Smith and Nunn shooting at Powell, according to the McCracken grand jury indictment.
The three were initially scheduled to go to trial on April 24.
That date is now reserved for Powell's trial, however, Assistant Commonwealth Attorney Raymond McGee said, and that if, for some reason, Powell is not tried that day -- say if a plea agreement was reached beforehand -- the next of the three defendants in line would be.
Should Powell decide to go to trial, McGee said trial dates for the other two would most likely be scheduled after the conclusion of Powell's case.
A third motion was also addressed during Thursday's hearing. Jones, a public defender from Hopkinsville, filed a motion requesting Powell be transferred from McCracken County Jail to Christian County Jail.
"Our concern is both Mr. Nunn and Mr. Smith are also being lodged at McCracken County Jail," she said. "They are charged â ¦ with the attempted murder of Mr. Powell. Both of them are alleged to have unloaded into the vehicle that Mr. Powell was driving."
Additionally, Jones alleged that threats have been made against her client and that Powell's family has faced intimidation.
"He's had some incidents of threats being made," she said. "His family has also made him aware of multiple levels of intimidation. There's been discovery that's been passed from outside the McCracken County Jail to inside the jail that related to this case. So, Mr. Powell fears for his safety.
Jones also said the move would help with trial preparation in her client's case, since her office is based in Hopkinsville.
McGee did not object to the motion, instead stating that the decision to move an inmate was best left up to the jailer.
Kaltenbach denied Jones' motion, but said she could file her request again and subpoena the McCracken County jailer to give evidence relevant to her client's safety.
Smith and Nunn are scheduled to next appear on Jan. 20, during which Nunn's motion to sever his case from the other two will be addressed.
That decision, made Friday by McCracken Circuit Judge Tim Kaltenbach, came after Powell's defense attorney Brandi Jones filed a motion in December requesting her client be tried on his own.
Powell, 23, Smith, 34, and Nunn, 27, are each charged with murder.
The charges stem from the April 16 shooting death of Gray Johnson, who police say got caught in the crossfire among Powell, Smith and Nunn.
Smith and Nunn also face charges of attempted murder and convicted felon in possession of a handgun, and Nunn has an additional charge of being a persistent felony offender.
The attempted murder charges stem from Smith and Nunn shooting at Powell, according to the McCracken grand jury indictment.
The three were initially scheduled to go to trial on April 24.
That date is now reserved for Powell's trial, however, Assistant Commonwealth Attorney Raymond McGee said, and that if, for some reason, Powell is not tried that day -- say if a plea agreement was reached beforehand -- the next of the three defendants in line would be.
Should Powell decide to go to trial, McGee said trial dates for the other two would most likely be scheduled after the conclusion of Powell's case.
A third motion was also addressed during Thursday's hearing. Jones, a public defender from Hopkinsville, filed a motion requesting Powell be transferred from McCracken County Jail to Christian County Jail.
"Our concern is both Mr. Nunn and Mr. Smith are also being lodged at McCracken County Jail," she said. "They are charged â ¦ with the attempted murder of Mr. Powell. Both of them are alleged to have unloaded into the vehicle that Mr. Powell was driving."
Additionally, Jones alleged that threats have been made against her client and that Powell's family has faced intimidation.
"He's had some incidents of threats being made," she said. "His family has also made him aware of multiple levels of intimidation. There's been discovery that's been passed from outside the McCracken County Jail to inside the jail that related to this case. So, Mr. Powell fears for his safety.
Jones also said the move would help with trial preparation in her client's case, since her office is based in Hopkinsville.
McGee did not object to the motion, instead stating that the decision to move an inmate was best left up to the jailer.
Kaltenbach denied Jones' motion, but said she could file her request again and subpoena the McCracken County jailer to give evidence relevant to her client's safety.
Smith and Nunn are scheduled to next appear on Jan. 20, during which Nunn's motion to sever his case from the other two will be addressed.
