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Thread: Death Penalty Trial Set for Arnett Benard Baines in 2019 KY Triple Murder

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    Death Penalty Trial Set for Arnett Benard Baines in 2019 KY Triple Murder


    Jay Sowders


    Robert Smith


    Christopher Carie


    Arnett Benard Baines

    Prosecutor seeking death penalty in Owensboro triple murder case

    By Sean Edmondson and Shaelie Clark
    WFIE News

    DAVIESS CO., KY (WFIE) - Daviess County Commonwealth Attorney Bruce Keugel says he seeking the death penalty for Arnett Baines.

    Baines was arrested in connection to the triple homicide on Audubon Avenue in Owensboro earlier this year.

    [ Affidavit: Owensboro murders were caught on camera ]

    Cylar Shemwell was also arrested. Kuegel tells us he’s still working through evidence to determine if he can file the death penalty for Shemwell as well.

    Baines and Shemwell were in court Tuesday morning. The judge set Baines’ bond at $250,000. Shemwell has no bond.

    Police responded to a shots fired call on January 17. They found four people had been shot inside a home on Audubon. Jay Michael Sowders, Robert Smith, and Chris Carrie died. Carmen Vanegas was also shot, but survived.

    Baines is back in court on April 12 and Shemwell will have a bond hearing on February 19.

    http://www.14news.com/2019/02/12/pro...e-murder-case/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Prosecutor: Shemwell could still face death penalty in Audubon Avenue triple slaying

    By James Mayse
    Messenger - Inquirer

    Daviess County Commonwealth's Attorney Bruce Kuegel said Tuesday that Cylar L. Shemwell could still face the death penalty for his role in a January shooting on Audubon Avenue that resulted in the deaths of three people.

    Shemwell, 31, and Arnett B. Baines, 30, were indicted on three counts of murder and one count of first-degree assault in the Jan. 17 incident, where Jay Michael Sowders, 43, Robert D Smith, 35, and Christopher Carie, 18, all of Owensboro, were each fatally shot in the heard at Sowders' home in the 900 block of Audubon Avenue. A fourth victim, Carmen Vanegas, 35, was also shot in the head and has been hospitalized since the incident.

    Prosecutors have already announced their intention to seek the death penalty against Baines. Surveillance video from inside the home shows Baines shooting the victims in the head while Shemwell sits and watches, Owensboro Police Department Detective Todd Wilkerson testified previously.

    Shemwell was in Daviess Circuit Court on Tuesday morning on a defense motion to reduce his bond. Shemwell and Baines were both being held without bond.

    Leigh Jackson, head of the county public defender's office, argued Shemwell's bond should be reduced to either a low-cash or unsecured bond so he could be placed on house arrest. Jackson said a risk assessment conducted by pretrial services found Shemwell was considered a low-risk of not returning to court for hearings if he was released.

    "Mr. Shemwell has a very low (risk) score, even in light of the charges against him," Jackson told Circuit Court Judge Jay Wethington. Jackson also asked that Shemwell be placed on house arrest in Jeffersonville, Indiana, at his mother's home. She said

    Shemwell doesn't have a "serious criminal record."

    Kuegel, in turn, listed six misdemeanor cases where Shemwell failed to show up for hearings.

    Jackson, in her argument, said prosecutors have only filed notice to seek the death penalty against Baines.

    Kuegel told Wethington his office could still decide to seek the death penalty against Shemwell.

    "There is new evidence coming in almost every day from the Owensboro Police Department," Kuegel said. "I'm not going to say we are going to file (for the death penalty), but right now there is overwhelming evidence that there is more going on with Mr. Shemwell" and his role in the incident, he said.

    Jackson's motion to reduce Shemwell's bond said the evidence defense attorneys have seen shows "Shemwell was present at the time of the offenses alleged, and arguably ... did not act to prevent the crime, but nothing more."

    Jackson repeated that argument in court. "Sitting is not a crime," she said.

    Wethington set Shemwell's bond at $250,000 full-cash, rejecting the request for a low-cash or unsecured bond.

    "I certainly disagree with the pretrial assessment in this case," Wethington said of the pretrial services' determination that Shemwell was a low-risk of not returning to court.

    There is a possibility Shemwell will need a new defense team because some potential witnesses have pending charges in cases unrelated to the shooting and are already being represented by the public defender's office.

    Jackson said her office would try to find a way to avoid conflicts so she and public defender Heather Blackburn can continue to represent Shemwell.

    http://www.messenger-inquirer.com/ne...f6bc4f76b.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Victim in Audubon Avenue homicides suspected he would be killed

    By James Mayse
    Messenger - Inquirer

    One of the victims in January's shootings on Audubon Avenue, which left three people dead, feared for his life and sent a message the day before the shootings saying he believed he was going to be murdered, according to court records.

    Court records also say an informant told detectives the shooting was described to her as a "hit" on the victims.

    That information comes from Facebook messages the Owensboro Police Department obtained through a search warrant. The affidavit for the search warrant in the court file contains details about the messages Robert D. Smith was exchanging with a woman Smith believed had stolen money from him. In one message, he told the woman he "expected to be murdered" if she didn't return the money.

    The Messenger-Inquirer is not identifying the woman because she has not been charged in connection with the shooting.

    Commonwealth's Attorney Bruce Kuegel said Friday the messages are just some of the leads detectives are following as part of their investigation.

    Arnett B. Baines, 31, of the 0-100 block of Dixiana Court and Cylar L. Shemwell, 32, of the 1600 block of Wisteria Gardens were both charged with murder and assault in the Jan. 17 incident at the home in the 900 block of Audubon Avenue. Smith, 35, Jay Michael Sowders, 43, and Christoper Carie, 18, all died of gunshot wounds to the head.

    Carmen Vanegas, 35, was also shot in the head but survived. OPD Detective Todd Wilkerson testified previously that surveillance footage from inside the home shows Baines and Shemwell entering the home, Baines shooting Smith, Sowders and Curie "point blank," and then going into a bedroom where Vanegas was shot.

    The Facebook messages indicate Smith and the woman were communicating "to conduct apparent drug transactions," according to the affidavit.

    "Specifically, on January 16, 2019 between 6 p.m. and 7 p.m., Smith demanded (the woman) return his money," Wilkerson wrote. "The messages ... contain multiple references to the potential of violence between the parties or other individuals if (the woman) does not bring back Smith's money or deliver him the (expletive)," Wilkerson wrote, likely referring to drugs.

    "Smith specifically indicated that he expected to be murdered if (the woman) did not act accordingly," Wilkerson wrote.

    OPD officials declined to comment Friday, saying the shooting is still under investigation.

    "Whenever you have this kind of case, there's a lot of information coming in, and a lot of leads," Kuegel said. "There are a lot of things we are needing to explore."

    That detectives are still pursuing leads three months after the shooting, "just shows the depth of the investigation," Kuegel said. "... This is indicative detectives with the Owensboro Police Department are leaving no stone unturned."

    Baines is scheduled to appear in court Monday for a pretrial conference. A trial date has not been set. Prosecutors are seeking the death penalty in the case.

    http://www.messenger-inquirer.com/ne...4fe293f5b.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Trial set for one suspect in connection with triple murder

    By WEHT News

    OWENSBORO, Ky. (WEHT) - A trial date was scheduled Monday for one of the men accused in an Owensboro triple murder.

    The trial for Arnett Baines will take place March 8, 2021.

    Baines is charged with three counts of murder and assault.

    Cylar Shemwell faces similar charges in the case.

    Three people died and one was injured in the shooting Baines and Shemwell are charged in connection with.

    https://www.tristatehomepage.com/new...der/1945024685
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Prosecutors seek death penalty for second man charged in triple homicide

    By The Owensboro Times

    Cylar Shemwell appeared in court Monday morning, where Commonwealth Attorney Bruce Kugel said we will pursue the death penalty in the case. Shemwell is the second man charged in the Jan. 17 shootings on Audubon Avenue that left three victims dead and one hospitalized.

    Shemwell and Arnett Baines were charged with three counts of murder and one count of first-degree assault.

    Shemwell entered a plea of not guilty on Feb. 12, and, Tuesday morning, Feb. 19, Judge Jay Wethington set a full cash bond at $250,000.

    https://www.owensborotimes.com/featu...iple-homicide/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Trial date set for suspect in Audubon Avenue fatal shootings

    Second suspect will have competency hearing

    By James Mayse
    Messenger-Inquirer

    The trial date for one of the men charged in the January shooting deaths of three men at a home on Audubon Avenue has been set for 2021.

    Arnett B. Baines, 31, of the first block of Dixiana Court, is scheduled to go to trial on March 8, 2021, in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18. All died of gunshot wounds to the head the morning of Jan. 17 in the basement of Sowders' home in the 900 block of Audubon Avenue.

    Commonwealth's Attorney Bruce Kuegel is seeking the death penalty against Baines and his co-defendant, Cylar L. Shemwell, 32, of the 1600 block of Wisteria Gardens. Both were charged with murder and first-degree assault. The assault charge stems from a fourth victim, Carmen Vanegas, who was shot in the head but survived.

    The shooting was caught on a security camera set up in the home. According to the court documents, Shemwell admitted to being at the home and children living at the home said Shemwell was there before they left for school, and he left about 6:30 a.m. The shooting took place later that morning.

    Court records say Smith had sent messages to a woman with whom he was conducting "apparent drug transactions," alleging the woman had stolen money and drugs from him. Records say the day before the shooting, Smith wrote to the woman that he "expected to be murdered" if the money or drugs weren't returned.

    Court documents said Baines and Shemwell had exchanged messages on Facebook before and after the shooting. Witnesses saw them together after the shooting. A detective testified early in the case that Baines shot the victims while Shemwell watched and smoked a cigarette. Court records say, when Shemwell was apprehended and questioned for the first time, he was wearing distinctive jeans, a watch and several rings that could be seen in the video.

    Shemwell appeared briefly in Daviess Circuit Court on Monday morning, where Judge Jay Wethington scheduled a competency hearing. In May, Shemwell was sent to the Kentucky Correctional Psychiatric Center in La Grange for an evaluation to determine whether he is competent to stand trial.

    Wethington set the competency hearing for Oct. 21, after making sure that date worked for family members of the victims.

    Shemwell's trial date has not yet been set.

    https://www.messenger-inquirer.com/n...83408119f.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Judge rules one of two men charged in triple homicide competent to stand trial

    By WEHT News

    OWENSBORO, Ky. (WEHT) – A judge rules one of two men charged in a triple homicide in Owensboro is competent to stand trial.

    Cylar Shemwell was in Daviess County Court for a competency hearing.

    He’s one of the men charged with three counts of murder and one count of assault for a triple homicide on Audubon Avenue in January.

    Arnett Baines — the other defendant — faces the same murder charges.

    Shemwell has another hearing scheduled for January 27th.

    https://www.tristatehomepage.com/new...o-stand-trial/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Defense files for bond reduction in death penalty case

    By James Mayse
    Messenger-Inquirer

    Defense attorneys for Arnett Baines, the Owensboro man facing the death penalty in connection with a January 2019 triple homicide on Audubon Avenue, are asking for his bond to be reduced due to the COVID-19 pandemic.

    Baines, 32, of the 0-100 block of Dixiana Court, is charged with murder, first-degree assault, tampering with physical evidence, possession of a handgun by a convicted felon and more in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18. All died of gunshot wounds to the head the morning of Jan. 17 in the basement of Sowders’ home in the 900 block of Audubon Avenue.

    A second person, Cylar L. Shemwell, 33, also of Owensboro, is charged with murder and first-degree assault in the incident.

    The assault charges against both stem from injuries to a woman at the home who was also shot in the head but survived.

    The motion will be heard Thursday, Aug. 6 in Daviess Circuit Court. The motion says Baines was assessed as low risk of not appearing for future court dates. The assessments say Baines has a 78% likelihood of appearing for future court dates and an 84% likelihood of not being arrested on new charges if released.

    The motion says: “To require Mr. Baines to stay in custody puts him at substantially greater risk of contracting COVID-19.” Because Baines is in the Daviess County Detention Center, he is unable to control whether he is near “others who may have been exposed or are asymptomatic carriers.”

    Baines’ family might be able to put up a reduced bond and Baines could be placed on electronic monitoring, the motion says.

    Baines uses bathrooms also used by other inmates, bunks near inmates and could be exposed to the coronavirus because “people regularly cycle in and out of jails,” the motion says.

    Kentucky is under a state of emergency because of the pandemic and cases have recently been on the rise, the motion says.

    “Every person is a potential carrier that could cause an outbreak in the Daviess County Detention Center,” the motion says.

    Because of Baines’ inability to pay his bond, the bond amounts to “cruel and unusual punishment,’’ because it creates a situation where Baines can’t distance himself from inmates who potentially have the coronavirus, according to the motion.

    It also asks that Baines’ bond be reduced from $265,000 to $100,000, with him being released if he or his family can pay 10%.

    https://www.messenger-inquirer.com/n...1257128f1.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Bond reduction denied in Audubon Avenue triple homicide

    By James Mayse
    Messenger-Inquirer

    Daviess Circuit Judge Jay Wethington refused a motion Thursday to reduce the bond on Arnett B. Baines, the Owensboro man charged in the fatal shooting of three men last year in an Audubon Avenue home.

    Baines’ bond is set at $265,000 full cash, and he faces charges of murder, first-degree assault, tampering with evidence and more in the January 2019 incident. Baines was charged in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18. All died of gunshot wounds to the head the morning of Jan. 17 in the basement of Sowders’ home in the 900 block of Audubon Avenue. A female in the home was also shot, but survived.

    Baines, 32, and a co-defendant, Cylar L. Shemwell, 33, also of Owensboro, could face the death penalty if convicted.

    Sara Zeurcher, one of Baines’ attorneys, argued her client was at heightened risk of contracting the novel coronavirus that causes COVID-19. In a motion filed with the court, Zeurcher said being in jail and unable to post bond during the pandemic amounts to “cruel and unusual punishment.”

    The defense requested Baines’ bond be reduced from $265,000 cash to $100,000, with Baines released if he could post 10%. Zeurcher said the release was necessary “because of the spread of COVID-19 in the Commonwealth."

    “July has seen the most cases of any month” in Kentucky, Zeurcher said, adding that the virus is spiking in state prisons. Six inmates have died of COVID-19 at Kentucky State Reformatory.

    “County jails are reporting cases as well,” Zeurcher said. Baines has asthma, and is at “high risk” if he contracts the virus, she said.

    Wethington said Baines is “also at high risk of not being here.”

    A risk assessment found Baines has a 78% chance of appearing at future hearings if he were released.

    Commonwealth’s Attorney Bruce Kuegel said rather than reducing Baines’ bond, he should be held without any bond at all.

    “There should not be a bond based on the fact that death is a possibility,” Kuegel said.

    Wethington said Baines was already out on bond on 2018 charges of receiving stolen property and possession of a handgun by a convicted felon when he was charged in the Audubon Avenue shooting.

    “He’s too much of a risk,” Wethington said, denying the defense motion.

    Baine is next scheduled to appear in court on the charges in September.

    https://www.messenger-inquirer.com/n...6d0287261.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
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    Defense seeks additional evidence from prosecutors in 2019 triple homicide

    By James Mayse
    Messenger-Inquirer

    Attorneys for two Owensboro men charged with the fatal shootings of three people last year in an Audubon Avenue home are seeking additional information from prosecutors about the case evidence.

    Arnett B. Baines, 32, of the first block of Dixiana Court, and Cylar L. Shemwell, 33, of the 1600 block of Wisteria Gardens were charged with murder and first-degree assault in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18. All died of gunshot wounds to the head the morning of Jan. 17, 2019 in the basement of Sowders’ home in the 900 block of Audubon Avenue.

    Carmen Vanegas was in the home in another room and was also shot, but survived.

    Surveillance video shows two men entering the home and going into a basement room where Smith, Sowders and Carie had been seated. An OPD detective testified previously that the video then showed a man the detective believes is Baines shooting the three in the head, while a man police believe is Shemwell sat and watched.

    Baines and Shemwell could face the death penalty if convicted.

    Shemwell’s public defender has filed a motion asking the judge to order prosecutors to produce a “bill of particulars,” which is where prosecutors would give detailed information about the charges.

    Defense attorney Leigh Jackson says in her motion that indictment against Shemwell says “one and/or two of them” killed Smith, Sowders and Carie “by shooting (them) with a handgun.” The same language says, “one and/or two of them” seriously injured Vanegas by shooting her in the head.

    “(It) is clear Mr. Shemwell did not shoot any of the victims, as the events are captured on video,” Jackson writes in her motion. The indictment does not “contain a plain, concise and definite statement” of how Shemwell is connected to the shooting, Jackson writes. Rather, Jackson writes the indictment is only the prosecution’s “theory that Mr. Shemwell was in some way involved.”

    The motion asks Daviess Circuit Judge Jay Wethington to order prosecutors to specifically state how Shemwell is believed to have been involved, or how Shemwell “failed in a legal duty to prevent the actions of Baines.”

    Shemwell is scheduled to have a hearing on the motion on Friday in Daviess Circuit Court.

    Meanwhile, Baines’ defense has filed a motion for prosecutors to produce details about what identification procedures were used in order to connect Baines to the shooting.

    While the defense knows several people were shown photos or still images of Baines, the defense doesn’t know how many people saw the photo lineup, or if anyone didn’t identify Baines, public defender Sara Zeurcher writes in her motion.

    The defense, Zeurcher said, needs information about what steps were taken to identify Baines through photos. Previous courts have ruled an identification attempt could be exculpatory if it was “impermissibly suggestive,” which would give rise to “the very substantial likelihood of irreparable misidentification.”

    Baines’ motion is scheduled to be heard on Thursday.

    https://www.messenger-inquirer.com/n...bae9ad231.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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