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
Three Richmond thefts reported Tuesday-Thursday
Richmond police are investigating thefts reported from Tuesday through Thursday.
An employee of Baptist Health, Eastern Bypass, reported Thursday that her vehicle had been broken into during the evening and a small shoulder purse was stolen. The purse contained several debit/credit cards, $70 in cash, and a Pantech slider cellular telephone. Estimated loss: $595.
Court hearing reveals errors in trafficking case’s investigative file
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The attorney for 49-year-old Carla Rae Clontz made a motion earlier this month for a bill of particulars hearing. Both the prosecution and defense attorneys had noticed problems with the file numbers in Clontz’ case, and there also were different reports of the number of pills sheriff’s deputies allege were found in her home.
Man charged in theft of cash, skates from Sonic
Richmond police charged Isaac Hamilton, 20, of South Killarney Lane, with two counts of theft by unlawful taking under $500 Tuesday after he allegedly stole from his employer.
Hamilton, a former employee of Sonic on Big Hill Avenue, left the drive-in restaurant May 15 with $273.84, a change dispenser and a pair of roller skates and did not return, the business reported to police.
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Zachary C. Goosey, 20, was was traveling eastbound Feb. 18 on the Eastern Bypass when his vehicle crossed the median and struck a westbound vehicle stopped at a traffic light, according to a Richmond police news release.
Items stolen, but no one injured in home invasion
Berea police are looking for a man who broke into a First Street home Monday and threatened a resident with a knife.
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MSO: Intoxicated man let young child drive car
A Madison County Sheriff’s deputy arrested a man on misdemeanor charges Monday after she saw a car driven by a young child go by her house.
Richmond burglary reports for May 14-18
Register Staff Report
The following burglaries, reported May 14-18, are being investigated by Richmond police
A resident of Wesley Court reported a Wilson bow with arrows and an unknown brand shotgun had been stolen from her residence sometime in the previous two weeks. Estimated loss: $800.
A resident of Foxhaven Drive repo
Dry cleaner burglary suspect is charged in two other cases
A man charged Friday with breaking into Jack’s Cleaners on Water Street by smashing a window with a tire iron has been charged with two other burglaries in which a similar method was used to gain entry.
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