Motion filed to revoke Walker's diversion deal
By Kat Russell, Reporter
The Paducah Sun
April 7, 2016
http://www.paducahsun.com/news/local/040716_PS_Walker_Hearing
Commonwealth Attorney Mark Blankenship filed a motion this week to revoke former Paducah Middle School assistant principal Jerry Walker's diversion agreement in Calloway County. Blankenship said a hearing to present the motion has been scheduled for April 19.
Walker, 40, received a 10-year sentence in Calloway County in 2012 after he pleaded guilty to six counts of tampering with physical evidence.
The charges stem from an investigation into a dorm fire at Murray State University in 1998 that killed a 19-year-old student. Walker was originally charged with murder and arson, but a mistrial was declared when the jury failed to reach a unanimous verdict.
Walker was charged a second time in 2012, this time with manslaughter and arson, and was acquitted.
Blankenship said, following the second trial, Walker was charged with the six counts of tampering with physical evidence. The charges, Blankenship said, stem from six letters Walker wrote following the fire in which he accused other people of starting the fatal blaze.
"When we talk about tampering with evidence, we usually think of someone destroying or hiding evidence," Blankenship said. "But I looked at the statute again and found there was a provision for fabricating evidence, so we took the case to a grand jury."
Blankenship said Walker was indicted on the six counts by a Calloway grand jury about six weeks before the second trial, but they kept the indictment sealed until the trial ended.
As part of his plea agreement, the sentence was diverted for five years. The agreement stipulated if Walker successfully adhered to outlined parameters, which included committing no further offenses, after five years the charges would be dropped.
On April 1, Walker violated his diversion agreement when he was convicted in McCracken County on charges of tampering with physical evidence, perjury and witness tampering. The jury recommended a sentence of three years in prison. Walker is scheduled to be sentenced in McCracken County on July 1.
Until then he is required to wear an ankle monitor.
As a result, Blankenship said, Walker's diversion will most likely be revoked, meaning Walker could face an additional 10-year sentence which would run consecutively to the McCracken jail time.
Blankenship said he was confident the motion would be granted.
"All I have to show is that he was convicted of a crime while on diversion," he said. "So I am confident that the judge will grant the motion."
Blankenship added he asked the judge for a warrant to be issued for Walker's arrest, indicating he thought Walker was a flight risk.
"In our motion we ask for a warrant to be issued because we heard he was put on an ankle monitor, and we're worried that he could just cut that off and take off," he said. Blankenship added Walker's attorney Dennis Null indicated his client would voluntarily turn himself in on Friday, prior to the issuance of a warrant.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
Walker, 40, received a 10-year sentence in Calloway County in 2012 after he pleaded guilty to six counts of tampering with physical evidence.
The charges stem from an investigation into a dorm fire at Murray State University in 1998 that killed a 19-year-old student. Walker was originally charged with murder and arson, but a mistrial was declared when the jury failed to reach a unanimous verdict.
Walker was charged a second time in 2012, this time with manslaughter and arson, and was acquitted.
Blankenship said, following the second trial, Walker was charged with the six counts of tampering with physical evidence. The charges, Blankenship said, stem from six letters Walker wrote following the fire in which he accused other people of starting the fatal blaze.
"When we talk about tampering with evidence, we usually think of someone destroying or hiding evidence," Blankenship said. "But I looked at the statute again and found there was a provision for fabricating evidence, so we took the case to a grand jury."
Blankenship said Walker was indicted on the six counts by a Calloway grand jury about six weeks before the second trial, but they kept the indictment sealed until the trial ended.
As part of his plea agreement, the sentence was diverted for five years. The agreement stipulated if Walker successfully adhered to outlined parameters, which included committing no further offenses, after five years the charges would be dropped.
On April 1, Walker violated his diversion agreement when he was convicted in McCracken County on charges of tampering with physical evidence, perjury and witness tampering. The jury recommended a sentence of three years in prison. Walker is scheduled to be sentenced in McCracken County on July 1.
Until then he is required to wear an ankle monitor.
As a result, Blankenship said, Walker's diversion will most likely be revoked, meaning Walker could face an additional 10-year sentence which would run consecutively to the McCracken jail time.
Blankenship said he was confident the motion would be granted.
"All I have to show is that he was convicted of a crime while on diversion," he said. "So I am confident that the judge will grant the motion."
Blankenship added he asked the judge for a warrant to be issued for Walker's arrest, indicating he thought Walker was a flight risk.
"In our motion we ask for a warrant to be issued because we heard he was put on an ankle monitor, and we're worried that he could just cut that off and take off," he said. Blankenship added Walker's attorney Dennis Null indicated his client would voluntarily turn himself in on Friday, prior to the issuance of a warrant.
Contact Kat Russell, a Paducah Sun staff writer, at 270-575-8653.
