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

  1. #11
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    Defense requests man in death penalty case be released from jail on bond

    Defense attorneys for a man charged with murder in a January 2019 triple homicide on Audubon Avenue are requesting he be released on bond.

    Arnett B. Baines, 32, of the 0-100 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 in the head, but survived. Both Baines and Shemwell face the possibility of receiving the death penalty in the incident, which was recorded by a security camera in the house.

    Baines is being held on a $275,000 full-cash bond. The defense motion asks for Baines’ bond to be reduced to $100,000, with him being released by posting 10% of the bond.

    The motion says a pretrial risk assessment determined Baines is a low-risk for not making future court appearances if released and estimated Baines is 78% likely to make future court dates. The motion says the assessment found Baines has “an 84.1% probability of remaining arrest-free prior to trial.”

    “To require Mr. Baines to stay in custody puts him at substantially greater risk for contracting COVID-19,” the motion says, adding, “the most recommended tool to curb the spread of this pandemic is one that cannot be practiced by inmates: social distancing.”

    New arrests, the motion says, “are made regularly, resulting in new people being introduced to the jail. Every person arrested is a potential carrier that could cause an outbreak in the Daviess County Detention Center.

    “Mr. Baines cannot safeguard his health while in this type of facility,” the motion says. “If released on home incarceration, he could remain in his home to avoid exposure to this potentially deadly infection and still be monitored to ensure the safety of the community.”

    Baines is indigent and not reducing his bond violates Baines’ constitutional rights, the motion says. The charge qualifies for bail, according to the motion.

    A hearing on the motion is scheduled for Thursday, Feb. 11 in Daviess Circuit Court.

    Shemwell is next scheduled to appear in court in April. A trial date for Baines and Shemwell is not currently scheduled.

    https://www.messenger-inquirer.com/n...8bdc982a7.html
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  2. #12
    Administrator Helen's Avatar
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    Baines' defense seeks to disallow witness in murder case

    By James Mayse
    Messenger-Enquirer

    Defense attorneys for Arnett B. Baines, the Owensboro man charged with three counts of murder in the 2019 shooting deaths of three people on Audubon Avenue, argued Thursday the woman who survived the shooting be prohibited from identifying Baines as the shooter at trial.

    Baines, 33, of the 0-100 block of Dixiana Court, and Cylar L. Shemwell, 34, of the 1600 block of Wisteria Gardens were charged with murder, first-degree assault and other charges 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. Surveillance cameras at the home captured video of the shootings.

    Carmen Vanegas was in the home in another room and was also shot in the head, but survived. Commonwealth’s Attorney Bruce Kuegel previously said he would seek the death penalty against Baines.

    The defense is seeking a hearing for Judge Jay Wethington to determine whether Vanegas’ identification of Baines is admissible at trial.

    The defense motion says Vanegas was interviewed in the hospital on Jan. 21 by detectives from the Owensboro Police Department, where the detectives showed her a photographic lineup.

    The motion is based transcripts of the interview detectives conducted with Vanegas. The motion says detectives Eric Flory and Todd Wilkerson asked if Vanegas knew what happened to her, and she responded, “not really.”

    The motion says Wilkerson said two people had been arrested and that officers “know who is responsible for the crime.”

    The motion said when asked how many people were involved in the shooting, Vanegas said there were two, and said one of them was “Kaylor” and the other was a “big fat dude,” who had a girlfriend named, “Cora.” But Vanegas could not give a physical description.

    The motion says when Vanegas couldn’t remember the suspect’s name, Wilkerson told her Baines’ nickname and that his first name is Arnett.

    The motion says it is undisputed that Vanegas had “met or at least seen” Baines before the day of the shooting.

    Detectives showed her six photographs, which included a photo of Baines. The motion says Vanegas initially didn’t make an identification.

    When Vanegas was shown the photos a second time, she said, “I don’t know, maybe” while looking at a photo of a person who was not Baines, but then identified Baines while looking at his photo for the second time.

    The motion says Vanegas was “clearly under serious medical care and being treated with pain medication at the time of the interview” and says Wilkerson began “feeding her information” when Vanegas said she didn’t really remember what happened, including how many people were arrested, along with Baines’ nick-name and first name.

    “Informing the witness that you have arrested the person responsible for the crime then telling the witness the person’s name that you have arrested could not be more suggestive,” defense attorney Sara Zeurcher writes in her motion. “Detective Wilkerson told Ms. Vanegas who she was looking for in that lineup.”

    Zeurcher says Vanegas told officers she was hiding in her room when the shooter entered. From the surveillance footage, the shooter was in the bedroom for about nine seconds, Zeurcher says, and says Vanegas only had a few seconds to see the shooter.

    Vanegas “experienced severe trauma during these events, and that her recollection has not been accurate,” Zeurcher says in the motion.

    Wethington scheduled a May 14 hearing for witnesses, including the detectives to testify regarding the defense motion.

    https://www.messenger-inquirer.com/n...6a9d1866b.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

  3. #13
    Administrator Helen's Avatar
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    Defendants in Audubon Avenue fatal shootings will be tried separately

    A Daviess County judge ruled Thursday that Cylar L. Shemwell and Arnett B. Baines, the defendants charged in a 2019 triple homicide on Audubon Avenue, will be tried separately.

    Daviess Circuit Judge Jay Wethington denied a motion by prosecutors to try Baines and Shemwell at the same time. As it currently stands, Baines will go to trial in November. Shemwell’s trial date was set for June 2022.

    Baines, 33, and Shemwell, 34, were charged with murder and first-degree assault in the Jan. 17, 2019 deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18. All three died after being shot in the head at Sowders’ home on Audubon Avenue in an incident partially caught on the home’s surveillance cameras.

    A fourth person, Carmen Vanegas, was also shot in the head but survived.

    Both face the possibility of the death penalty if convicted.

    Wethington heard arguments from attorneys Thursday afternoon. Assistant Commonwealth’s Attorney Kristin Whitney argued Baines and Shemwell could be tried together because the evidence against the two would be identical.

    “As a matter of fact, it’s unlikely any evidence that would be produced in one trial wouldn’t be presented in the other,” Whitney said.

    Wethington noted there is a significant difference in the cases between Shemwell and Baines. Police reports say Baines is believed to have shot the victims while Shemwell watched.

    Also, Baines has additional charges Shemwell is not facing, including torture of a dog or cat, tampering with physical evidence and receiving stolen property (firearm). Wethington said the evidence would be different because of Baines’ additional charges.

    Whitney said, “the main evidence is video of the crime occurring. ... The witnesses are going to be the same, the forensics are going to be the same.”

    Defense attorney Sara Zuercher argued the trial needed to be separate because the defendants have “antagonistic defenses.”

    “We know they intend to cast blame on Mr. Baines,” Zuercher said.

    When Wethington said officials say they have video of Baines shooting the victims, Zuercher said the video shows “someone” and determining if Baines is the shooter in the video is an issue for trial.

    Seating a jury for a single trial would be extremely difficult because the defense has only a limited number of “strikes,” or people it can remove from the jury pool, Zuercher said.

    Baines and Shemwell are not expected to agree on who should be struck from the jury, she said.

    “We have defendants that are (opposed) and have no intention of collaborating on strikes,” Zuercher said.

    Defense attorney Heather Blackburn, who is part of Shemwell’s defense team, said having the jury hear testimony of the other charges against Baines would prejudice the jury against Shemwell. Even if those other charges were set aside and Baines and Shemwell were tried on the murder and assault charges, the trials should remain separate because Baines and Shemwell gave differing statements to investigators, she said.

    Leigh Jackson, who also represents Shemwell, said the motion prosecutors put forward for trying the two together is “judicial economy,” which she argued wasn’t enough.

    “I think in a death penalty case, (prosecutors) would offer something more than ‘we want to make it easy,’ ” Jackson said.

    Wethington ruled to hold the trials separately, saying two death penalty defendants couldn’t be tried together.

    “Fairness of the trial takes all precedence,” Wethington said, adding that given that the cases would be appealed directly to the state Supreme Court, “I’m going to make these cases as direct and simple as possible.”

    https://www.messenger-inquirer.com/n...f910094cc.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

  4. #14
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    Baines' murder trial delayed for competency evaluation

    By James Mayse
    Messenger-Enquirer

    Sep. 1—The murder trial of Arnett B. Baines, who is facing the possibility of the death penalty in the 2019 shooting deaths of three people on Audubon Avenue, has been postponed.

    Baines, 33, was scheduled to go to trial Nov. 1. He's charged with murder, first-degree assault, tampering with evidence and other charges in the Jan. 17, 2019, deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18.

    All three died after being shot in the head at Sowders' home on Audubon Avenue in an incident partially caught on the home's surveillance cameras. A fourth person, Carmen Vanegas, was also shot in the head but survived.

    Baines' co-defendant, Cylar M. Shemwell, 34, also faces murder and first-degree assault charges and is scheduled to go to trial next summer.

    At a hearing Tuesday afternoon, Tom Griffiths, one of Baines' attorneys, said he plans to introduce evidence during trial that Baines suffers from mental health issues.

    In response, Commonwealth's Attorney Bruce Kuegel filed a motion to have Baines examined for mental disorders at Kentucky Correctional Psychiatric Center in La Grange. The same law that allows the defense to present jurors with evidence of mental disorders also allows prosecutors to file to have the defendant examined.

    Kuegel said his motion to have Baines evaluated at KCPC goes "hand in hand" with Griffith's intent to discuss Baines' mental health at trial. Kuegel said having Baines sent to La Grange will add time to the process, because KCPC has a number of defendants waiting to be evaluated.

    "This is set for a November trial date," Kuegel told Daviess Circuit Judge Jay Wethington. Kuegel said an official from KCPC was ready to testify the facility wouldn't be able to take Baines' case for months.

    "Our witness will testify their backup time is at least seven to eight months," Kuegel said.

    Wethington canceled the Nov. 1 trial date.

    "I'm aware KCPC has a backlog," said Wethington, who added that he would urge KCPC officials to expedite Baines' evaluation.

    "Depending on what I hear back, I'll set a trial date," Wethington said.

    Kuegel said the defense shouldn't have waited until just a couple of months before the trial.

    "If this was going to be an issue, it should have been brought sooner," Kuegel said.

    Baines is next scheduled to appear in court on Nov. 2, for Wethington to hear about the status of the case.

    https://news.yahoo.com/baines-murder...091700358.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

  5. #15
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    Mental heath evaluation delaying death penalty case

    By James Mayse
    Messenger-Inquirer

    In September, Daviess Circuit Judge Jay Wethington allowed the murder trial of Arnett B. Baines to be postponed so Baines could be evaluated for possible mental illnesses at a state psychiatric center.

    But since then, Baines, 33, has waited in the Daviess County Detention Center to be transferred for the evaluation. On Tuesday, Wethington moved to get Baines moved to the psychiatric center and evaluated as soon as possible.

    Baines, of Owensboro, is charged with three counts of murder and is facing a possible death penalty for allegedly fatally shooting three people in the head on Jan. 17, 2019, at a home on Audubon Avenue.

    Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18, all died at the scene. A fourth person, Carmen Vanegas, was also shot in the head in the incident, but survived. Baines also faces one count of first-degree assault for allegedly shooting Vanegas.

    Baines’ co-defendant, Cylar M. Shemwell, 34, also of Owensboro, faces murder and first-degree assault charges in the shootings and is scheduled to go to trial next summer.

    Commonwealth’s Attorney Bruce Kuegel filed a motion to have Baines evaluated at the Kentucky Correctional Psychiatric Center, after the defense team said they would introduce evidence at trial that Baines suffers from mental health issues. Wethington ordered the KCPC evaluation and canceled the trial date. The trial was scheduled to begin Monday.

    Wethington said previously that KCPS has a backlog of people facing charges who are awaiting a psychiatric evaluation. At Tuesday’s hearing, one of Baines’ attorneys, Tom Griffiths, told Wethington there was no information on when Baines would be transferred to KCPC for the evaluation.

    That prompted Wethington to call the psychiatric center, which is in La Grange, to determine when the center might transfer Baines.

    “This evaluation is holding up all other proceedings,” Wethington said, while talking to a KCPC official.

    After talking with two KCPC officials, Wethington told the attorneys the facility said they will be able to take Baines for an evaluation in January.

    “That’s a little bit faster than anticipated,” Wethington said. “Initially, they told me eight to nine months.”

    A new trial date won’t be set until after KCPC reports back with the results of the evaluation.

    Baines is next scheduled to appear in Circuit Court in March, for Wethington to hear defense motions.

    https://www.messenger-inquirer.com/n...ae4ceee31.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

  6. #16
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    Defense asks for death penalty to be excluded in murder trial

    By James Mayse
    Messenger-Inquirer

    With a trial date less than three months away, defense attorneys for Cylar M. Shemwell argued Wednesday that prosecutors shouldn't be able to pursue the death penalty in Shemwell's case.

    The defense motion prompted Commonwealth's Attorney Bruce Kuegel to present at least some of his evidence against Shemwell to the court.

    Shemwell, 35, of the 1600 block of Wisteria Gardens, was charged with murder and first-degree assault in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18, on Jan. 17, 2019, at a home on Audubon Avenue. A fourth victim, Carmen Vanegas, was shot in the head in the incident, but survived.

    Arnett B. Baines, 33, of the 0-100 block of Dixiana Court, was also charged with murder, first-degree assault, tampering with evidence and other charges in connection with the shooting. A video taken from the scene shows a man believed to be Baines shooting Smith, Sowders and Carie while a person believed to be Shemwell sits nearby and watches.

    Leigh Jackson, supervising attorney for the Owensboro public defender's office, argued that the video does not show Shemwell taking any action during the shootings.

    "He takes no active steps in furtherance of these crimes," said Jackson, adding that evidence prosecutors have provided to the defense show no other evidence of Shemwell participating in the shootings.

    "I don't think there is anything they are going to present that is going to change what's on this video," Jackson said.

    Subjecting Shemwell to potentially facing the death penalty would be disproportionate, Jackson said.

    Kuegel told Circuit Judge Jay Wethington that video from the scene shows someone matching Baines' description coming to the door of the Audubon Avenue home. "Someone lets Mr. Baines in," while the video showed the home's occupants in the basement, Kuegel said. Court documents filed by Kuegel previously said Shemwell lived at the home prior to the incident.

    "It's going to be our argument you are going to see Mr. Shemwell and Mr. Baines entering the basement" on video, Kuegel said. The video also shows that "Mr. Shemwell takes a position on a stool, blocking the only exit from the basement by anyone," Kuegel said.

    Shemwell was "arguably armed" at the time, Kuegel said.

    After the shootings, the videos show the men leaving the basement. Other videos from around town show Shemwell and Baines together the rest of the day and into the night, when they were arrested, Kuegel said.

    Of the shooting, Kuegel said, "our argument is this could not have happened unless Mr. Shemwell assisted. Somebody let Mr. Baines into the house."

    Jackson said the videos from the home don't show who let Baines into the home.

    A person found complicit to murder can be subjected to the death penalty in Kentucky.

    Jackson said "the person who drove (Baines) there wasn't charged with complicity," and that the defense would also argue against Kuegel's characterization that Shemwell blocked the exit to the basement.

    Wethington tabled the motion for now.

    "We will revisit this after I have seen the evidence presented to the jury," Wethington said.

    Jackson told Wethington the defense will not present a defense nat trial that Shemwell was mentally ill. The defense does plan to join with Baines' defense in a motion that Vanegas, who was shot in the head, be evaluated for competency before being allowed to testify, Jackson said.

    A plea offer has been extended, and Wethington said he wouldn't require the defense to make a decision on the offer by the next hearing. Kuegel said the prosecution reserves the right to withdraw its offer at any time.

    A hearing to schedule any additional steps before trial will be held next week.

    https://news.yahoo.com/defense-asks-...101800222.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

  7. #17
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    Death penalty trial postponed, new date not set

    By James Mayse
    Messenger-Inquirer

    The murder trial of Cylar M. Shemwell, who faces the death penalty in connection to a 2019 shooting that killed 3 people on Audubon Avenue, will not be held in June as scheduled.

    Daviess Circuit Judge Jay Wethington granted a motion by defense attorneys to postpone the trial, which was scheduled to start June 13. A new trial date has not yet been set.

    Both Commonwealth's Attorney Bruce Kuegel and Heather Blackburn, one of Shemwell's defense attorneys, said Thursday they are unsure if the trial will be rescheduled for this year.

    Shemwell, 35, of the 1600 block of Wisteria Gardens, was charged along with Arnett B. Baines, 33, of the 0-100 block of Dixiana Court, in the Jan. 17, 2019 incident. Baines and Shemwell were charged in the shooting deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18, at a home on Audubon Avenue. A 4th person, Carman Vanegas, was also shot in the head in the home, but survived.

    The defense filed a motion to postpone the the trial on April 8. The motion says Blackburn and Leigh Jackson, who are part of the Owensboro public defender law office, have been recommended to attend a week-long seminar on death penalty cases. The seminar would give them "additional training and preparation" for Shemwell's defense, the motion says.

    The next hearing in the case is July 7, when a new trial date is supposed to be set. Kuegel said it would be difficult to reset the trial for this year.

    "I'll say I don't think it's going to happen," Kuegel said.

    After the July hearing, there will likely be more motions that will have to be ruled upon in court, and tests on evidence to complete, Kuegel said.

    Also, the trial docket is already filling up for the fall, Kuegel said.

    "I'm not saying it's not (possible), but we are getting hard-pressed with the number of cases and the trials we already scheduled to be tried," Kuegel said.

    "We were prepared to go in June," Kuegel said of the prosecution.

    Blackburn said part of the July hearing will include setting a deadlines for the prosecution and defense to file motions. The trial is expected to be long, which could make scheduling difficult, Blackburn said.

    "Death penalty trials typically take three to four weeks" with an entire week for jury selection, Blackburn said. "I imagine we will try to do it this year, but it will be difficult to block out that much time."

    The hope would be to hold the trial as soon as possible, but said, "with a death penalty case, we have to make sure we do everything right and proper."

    https://www.messenger-inquirer.com/n...d80f367e9.html

  8. #18
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    Defense says Baines' statements were coerced

    By James Mayse
    Messenger-Inquirer

    Jul. 30—Attorneys for Arnett B. Baines, the Owensboro man charged with fatally shooting three men and seriously injuring a woman in a 2019 shooting on Audubon Avenue, argued Friday that Baines gave statements to police after he had been coerced and threatened with the arrest of the mother of his children.

    Baines' defense team argued an Owensboro Police Department detective forced Baines to give a statement by telling Baines if he didn't waive his right to remain silent, officers would charge Baines' girlfriend, the mother of his two children, with complicity to commit murder.

    Baines, 34, and Cylar M. Shemwell, 35, were charged with murder and first-degree assault in the Jan. 17, 2019, shooting deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carey, 18, at a home on Audubon Avenue. A fourth person, Carman Vanegas, was also shot in the head, but survived.

    Baines and Shemwell potentially face the death penalty if found guilty at trial.

    A video from cameras around the home shows a man believed to be Baines shooting Smith, Sowders and Carey while a man believed to be Shemwell sits nearby and watches.

    A hearing on the motion to suppress the statements was heard Friday morning.

    Baines was interviewed around 12:30 a.m. on January 18, and again at 10:41 a.m. the same day. In the first interview, Baines is questioned about his whereabouts that day, but is not told he is a suspect. At that time, Baines was being held on a warrant for receiving a stolen firearm. During that interview, Baines waived his right to remain silent and denied any involvement in the shootings.

    Baines was booked in the detention center and brought back to OPD in the morning around 10:30 a.m. Officers tried to interview him in an interview room, but Baines became agitated and said, "I don't want to do this. I'm not talking to you," the defense motion says.

    Baines was put in a OPD holding cell and kept there for 90 minutes, while Detective Todd Wilkerson prepared the document charging Baines with murder and assault. By that time, OPD officers had copies of the video from the home and believed Baines was involved.

    The motion to suppress, filed by state Capital Trials Branch attorney Sara Zeurcher, says "it appears that Mr. Baines had some conversation with an officer" while he was in the holding cell. At one point, Wilkerson comes down to give Baines the charging documents. A few minutes later, Baines tells Officer Heath Stokes he wants to talk to Wilkerson about the case.

    "(T)he discovery indicates (Baines) was approached by both Officer Stokes and Detective Wilkerson" while Baines was in the holding cell, Zeurcher says in the motion.

    Baines was taken to an interview near the holding cell, and the interaction was recorded by Wilkerson. In her motion, Zeurcher said Baines initially refused to sign a form waiving his rights and asks "what it means if he can have an attorney."

    The motion says Wilkerson says officers can call a public defender for him, and Baines seemed to start to restate he is not going to talk, but was told by Wilkerson a public defender would "probably advise you to remain silent."

    Stokes then tells Baines this is his "opportunity to talk," the motion says. At one point, Baines mentioned his family. The motion says Wilkerson "almost immediately theatens to charge Mr. Baines' long-term girlfriend and the mother of his children, Coralee Hester, with being complicit in the murder, and tells Mr. Baines that his children will have no parents if he doesn't give a statement."

    At that point, Baines became upset and agreed to sign the form waiving his right to remain silent and to a lawyer. The document says Baines then immediately said Hester was not involved.

    Hester was not charged in the incident. A vehicle Hester was known to drive was seen dropping two men off at the Audubon Avenue home shortly before the incident, but the vehicle is not owned by Hester.

    "When he was not telling them what they want (and saying), 'I got family, I got kids,' Wilkerson and Stokes jump on that and said, 'we are going arrest Coralee Hester," Zeurcher told Circuit Judge Jay Wethington.

    Wethington noted police can lie to suspects during interviews, but Zeurcher said the officers can't threaten a person's family in order to elicit a statement. Zeurcher's motion says a statement made by officers threatening a person's family, particularly a child, could be considered an involuntary statement.

    "He was speaking calmly until they brought up Coralee," Zeurcher said. After that, Baines was "almost in tears, thinking his children won't have a mother."

    When Baines invoked his right to remain silent after being brought over from jail, detectives should have observed that, Zeurcher said.

    She said officers kept him at OPD to see if he would talk.

    Commonwealth's Attorney Bruce Kuegel said during that interview, Baines told officers Shemwell, not himself, did the shooting. At that point, Baines did not know of the video inside the home.

    "It's the Commonwealth's position the police did it right" and that "they went overboard to make sure Mr. Baines was informed" of his rights, Kuegel said. The first 10 minutes of the third interview Baines is asking questions while Wilkerson attempts to read Baines his rights.

    Having Baines in a holding cell at OPD for 90 minutes wasn't unreasonable, Kuegel said. Wethington noted that officers could have been busy and there was no one immediately available to transport Baines back to jail.

    When asked the purpose of the interview, Kuegel said, "What did Mr. Baines have to give to the detectives? What he had to give was, 'I wasn't the shooter, Cyler was.' "

    Wethington said Baines' statement "showed he had the presence of mind" to try to potentially mislead detectives.

    Wethington said law enforcement threats to family members would be coercion and is prohibited. Kuegel said, "that didn't happen."

    In his response to the motion, Kuegel says, "Baines did not request an attorney and did not refuse to talk to Detective Wilkerson" and says, "in fact, Baines was (the one who) initiated the interview. Baines gave voluntary statements," Kuegel argues.

    Baines is quoted as saying, "I did cooperate ... I didn't have to come out of that cell without a lawyer."

    After that statement, Stokes tells Baines, "It means that Coralee will be home with your — your kids, you know, from what you told Detective Wilkerson so far that he was wanting to find out."

    Wethington said he would review the tape of the interview and the transcript and make a ruling on the motion in the near future. The next hearing in the case is set for November.

    https://news.yahoo.com/defense-says-...092200494.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

  9. #19
    Administrator Helen's Avatar
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    Judge: detectives did not coerce suspect in triple slaying investigation

    By James Mayse
    Messenger-Inquirer

    A judge has ruled Owensboro Police Department officers did not coerce statements out of Arnett B. Baines, the Owensboro man charged with murder in a 2019 triple homicide on Audubon Avenue.

    Daviess Circuit Judge Jay Wethington ruled OPD Detective Todd Wilkerson and Officer Heath Stokes did not force Baines to make statements the day after the Jan. 17, 2109, shooting, in which three people were killed at the Audubon Avenue home. With the ruling, statements Baines made to investigators during the interview can be presented at trial.

    Baines, 34, and Cylar Shemwell, 35, are facing the possibility of the death penalty in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carey, 18. A fourth person, Carman Vanegas, was also shot in the head, but survived.

    Both Baines and Shemwell were charged with murder and first-degree assault. Video allegedly showing Baines and Shemwell entering the home, and someone believed to be Baines shooting three of the victims while a person believed to be Shemwell watches, was recovered from the home.

    At a hearing late last month, Baines’ attorneys argued officers had coerced Baines to give a statement by threatening to charge the mother of his children, Coralee Hester, in connection with the shooting. A vehicle Hester was known to drive at times was seen dropping two people off — who officers believe to be Baines and Shemwell — at the home shortly before the shooting.

    In his ruling issued Wednesday, Wethington wrote Baines had three interviews with police. Baines was read his rights in the first interview, which was on a charge unrelated to the shooting, and waived his right to remain silent.

    In his second interview at 10:30 a.m., Baines refused to participate and said, “I don’t want to do this. I’m not talking to you,” which indicated Baines understood his right to remain silent, Wethington wrote.

    Baines was then taken to a holding cell and kept there for 90 minutes before being served with papers charging him in the murders. Shortly after receiving the papers, Baines said he wanted to talk to a detective.

    During the third interview, Wethington wrote, Baines was told police would try to get him an attorney, but wrote “at no time” did Baines indicate he was unwilling to talk, “nor did he clearly or unequivocally state he wanted counsel before proceeding.”

    “The defendant clearly was aware of his right to not answer questions as well as his right to counsel,” Wethington writes. After being told his rights again “he agreed to speak without counsel,” Wethington wrote.

    https://www.messenger-inquirer.com/n...d79dd9f20.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. #20
    Administrator Helen's Avatar
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    Trial dates scheduled for death penalty cases

    By James Mayse
    Messenger-Inquirer

    Arnett B. Baines and Cylar L. Shemwell, who have been incarcerated on charges of murder and assault since their arrests in January 2019, have again had their cases scheduled for trial.

    Baines, 34, and Shemwell, 35, both of Owensboro, face the possibility of the death penalty in connection with the January 2019 fatal shootings of three people on Audubon Avenue.

    New trial dates for both were set Tuesday in Daviess Fiscal Court.

    Daviess Circuit Judge Jay Wethington scheduled Baines and Shemwell to go to trial separately next year. Wethington said he also will set out a scheduling order, with deadlines set for both the defense and prosecution to file motions in the case.

    Baines and Shemwell were both charged with murder in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18.

    All three died after being shot in the head at Sowders’ home on Audubon Avenue in an incident partially caught on the home’s surveillance cameras. A fourth person, Carmen Vanegas, was shot in the head but survived.

    Wethington set Baines’ trial for Feb. 5, 2024, and scheduled Shemwell’s trial for June 3, 2024.

    The cases have been set for trial before, and postponed. Baines was originally scheduled to be tried in November 2021, but the date was vacated because of the need to have Baines examined for mental health disorders at the Kentucky Correctional Psychiatric Center.

    Baines’ defense team said it planned to introduce evidence at trial that Baines had a mental disorder, which prompted Commonwealth’s Attorney Bruce Kuegel to request Baines be evaluated. The facility had a waiting list of several months for evaluations.

    Shemwell was slated to go to trial in June of last year, but it was postponed so his public defenders, Leigh Jackson and Heather Blackburn, could attend a seminar on handling death penalty cases.

    Wethington said both trials will be “a month, three weeks at least.”

    Wethington said he anticipates one week for jury selection, because potential jurors are called individually for questioning during jury selection, and up to three weeks for the presentation of the cases.

    https://www.messenger-inquirer.com/n...afbb1210b.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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