Tag Archives: #Lexington

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Killington Have Lexington's leadership been taking lessons from Philadelphia's mayor, chief prosecutor and top cop?

In 2019, Lexington set a new homicide record, with 30 for the year. In 2020, the city topped that with 34, and in 2021, set a new record with 37. Well, surprise, surprise, 2022 has already seen the 2019 and 2020 records topped, and is rapidly closing in on last year’s numbers.

1 person dies after shooting near downtown Lexington, according to coroner’s office

by Christopher Leach | Tuesday, September 13, 2022 | 8:37 AM EDT

Lexington police are investigating an overnight shooting that left one man dead, according to the Fayette County Coroner’s Office.

Police said the shooting happened shortly before 9:30 p.m. in the 500 block of West Sixth Street, which is near Coolavin Park. One victim suffered a gunshot wound and was transported to a hospital.

Police didn’t provide a description of the victim’s injuries. But shortly after 8 a.m., the coroner’s office announced the man died at the hospital. The victim was 22-year-old Doricky Harris, according to the coroner.

Further down:

This marks the 35th killing in Lexington of 2022, inching the city closer to the annual homicide record of 37 set last year. There have been six homicides in the last month.

In 2021, the 35th murder of the year didn’t occur until December 7th, 86 days later than this most recent killing. If the murder rate remains constant through the end of the year, one murder every 7.2857 days, Lexington is on schedule to see 50 — the math works out to 50.098 — homicides this year.

Boy, Mayor Linda Gorton, Commonwealth’s Attorney Lou Anna Red Corn, and Police Chief Lawrence Weathers sure are doing a bang-up job in protecting the people of Fayette County! Have they been taking lessons from Philadelphia’s mayor, chief prosecutor and top cop?

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Is justice a matter of color in Lexington? Part 2

We have previously noted the apparent discrepancies in the sentences that Fayette County Commonwealth’s Attorney Lou Anna Red Corn has sought for felons, discrepancies obvious when you look at the race of the offenders. Nathaniel Harper, who is white, was sentenced to 36 years in prison for killing a man he hit as he wrecked the car in which he was fleeing police, even though his attorneys had been trying to plead down to a manslaughter or another lesser offense. Miss Red Corn and her office allowed George Boulder IV, who was part of a deliberate, broad-daylight shooting which killed members of another gang, or Xavier Hardin, who deliberately shot an enemy in Fayette Mall, or Jemel Barber, who was allowed to plead down for one of two fatal shootings, or Malachi Jackson, who killed a 15-year-old rival, or James Ragland, who killed a woman outside a Lexington strip club, every single one of them, along with others, to plead down to manslaughter, for deliberately killing other people.

Now comes this one:

Lexington man gets 35 years after pleading guilty to murder in 19-year-old’s death

by Taylor Six | Thursday, September 8, 2022 | 2:19 PM EDT

Morgan Johnson, photo by Fayette County Detention Center, and is a public record.

A Lexington man has been sentenced to 35 years in prison after pleading guilty to murder for a teenager’s death in 2018.Morgan Johnson, 25, was sentenced on Thursday afternoon by Judge Lucy VanMeter for amended charges he pleaded guilty to as part of a deal in July. Johnson pleaded guilty to murder, second-degree burglary and first-degree unlawful imprisonment.

Johnson’s conviction comes after he was accused of killing 19-year-old Christopher Spencer at an apartment off Richmond Road Feb. 7, 2018. Spencer was found on the porch of the residence with multiple gunshot wounds.

Johnson, who was 21 at the time, is also accused of kidnapping a woman he knew and taking her to the Squires Woods Way home, where he sexually assaulted her, according to court records. Johnson, Spencer and the woman knew one another, former Lexington Police Sgt. Jervis Middleton said, according to court documents.

He was sentenced to 25 years for murder, five years for burglary and five years for unlawful imprisonment. Each sentence will run consecutively. He was also ordered to have a 10 year protection order against one of the victims in the case, and a restitution of $6,080.

There’s more here.

Mr Johnson’s attorney noted that there had been questions as to whether he was mentally fit to stand trial, and he had been examined at Eastern State Hospital, though Taylor Six’s article notes that the mental hospital does not release any information on individual patients. None of that, of course, excuses Mr Johnson’s crimes. But my question is: why was Mr Johnson, who did plead guilty, not given treatment as lenient as Miss Red Corn has been “mediating” out to black murderers?

Oh, wait, I’m sorry, black manslaughterers, the charges to which they were allowed to plead down.

I have no problem at all with Mr Johnson’s sentence, other than it is too short; he should get out of jail on the same day that Mr Spencer comes back to life. My point is that the thankfully outgoing Commonwealth’s Attorney has been allowing very lenient plea bargain arrangements to killers who aren’t white. If you deliberately kill someone, there should be no plea bargains: you should go to jail for the rest of your life.

But that’s not what happens in Lexington, not if you’re black:

  • On January 10, 2022, James Edward Ragland II, 31, was sentenced to ten years in the state penitentiary for shooting and killing Iesha Edwards, 27, outside what the Lexington Herald-Leader euphemistically called a “gentleman’s club.” Originally charged with murder, Commonwealth’s Attorney Lou Anna Red Corn allowed Mr Edwards to plead down to manslaughter.
  • On January 19, 2022, Malachi Jackson, now 20 but 16 at the time of his crime, charged with the murder of 15-year-old Kevin Olmeda, was allowed by Miss Red Corn to plead guilty to first-degree manslaughter, second-degree assault, and first-degree criminal attempt to commit robbery. With a recommended sentence of 15 years by the prosecution, time already served taken into account, and the state minimum of 85% of sentence required, Mr Jackson could be out of jail by the age of 31.
  • On February 11, 2022, Jemel Barber, 23, was sentenced to twenty years for the killing of 40-year-old Tyrece Clark. Mr Barber was allowed to plead guilty to manslaughter and second-degree robbery, down from murder, by Miss Red Corn, and if he serves his full sentence, including time already served, he could be out by age 39.
  • On March 11, 2022, Xavier Hardin, 21, was allowed by Miss Red Corn to plead guilty to manslaughter, assault and wanton endangerment charges in the killing of Kenneth Bottoms Jr., 17, and charges of murder were dropped. The shooting was caught on security tape in Fayette Mall, so it isn’t as though the prosecution would have a difficult time proving their case. Mr Hardin was eventually sentenced to 22 years in prison, but even if he serves the maximum sentence, he’ll be out when he’s just 41-years-old.

This is not justice, and this is not law enforcement. Thankfully, Miss Red Corn is leaving office in a few weeks, but we need to do what we can to push her successor to enforce the law, to the maximum extent of the law. Not doing so is why Lexington has already seen 34 homicides this year, one every 7.38 days, and is on pace for 49 or 50 murders for the year; the exact number works out to 49.44. The city’s record is ‘only’ 37 murders, set last year.

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You in a heap o’ trouble, boy!

Lexington is drawing ever nearer to it’s record number of homicides.

Lexington set a record with 30 homicides in 2019. Not to be outdone, the gang-bangers knocked off 34 people in 2020. Well, it seems like the bad guys took only 34 as a personal challenge, and slew 37 people last year. Now, with 3½ months left in the year, 2022 has seen 34 homicides as of September 9th. Last year, murder number 34 didn’t occur until Thanksgiving Day.

Steven Smith, photo by Fayette County Detention Center, and is a public record.

1 man found dead after a Lexington shooting. Suspect arrested, charged with murder

by Christopher Leach | Friday, September 9, 2022 | 7:06 AM EDT

One man is dead and another has been arrested after a shooting on Devonia Avenue Thursday, Lexington police say.

The shooting took place just before 6 p.m. on the 100 block of Devonia Avenue, which is near North Broadway. Police said they were responding to a report of a disorder with a weapon and when they arrived, they found a 57-year-old man suffering from a gunshot wound. He was declared dead on scene.

The Fayette County Coroner’s Office later identified the victim as Clarence Adams.

Police arrested Steven Smith, 32, and charged him with murder, fourth degree assault (domestic violence), two counts of wanton endangerment and possession of a handgun by a convicted felon. He is being held at the Fayette County Detention Center without a bond.

During the investigation, detectives determined that Smith and Adams lived at the same residence. The assault charge stemmed from an assault of a third party, according to police.

The killing marks the 34th homicide in Lexington this year, putting the city closer to the annual homicide record of 37, which was set in 2021.

No, of course what my best friend used to call the Lexington Herald-Liberal didn’t publish the suspect’s mugshot; I looked it up on the Fayette County Detention Center’s website, where it is a public record. Also shown was a previous mugshot, dated May 6, 2015, so Mr Smith is not exactly unfamiliar with jail.

The jail website lists the charges Mr Smith is alleged to have committed. Two separate counts of possession of weapons by a convicted felon tells you that he has been a bad, bad boy.

Let’s look at those charges:

  • KRS §508.030 Assault 4th Degree is a Class A misdemeanor.
  • KRS §508.060 Wanton Endangerment, First Degree, a Class D felony
  • KRS §527.040 Possession of a Firearm by a Convicted Felon is a Class D felony if it is not a handgun, and a Class C felony for a handgun.

Under KRS §532.060, the sentence for a Class B felony is not less than ten (10) years nor more than twenty (20) years imprisonment, and the sentence for a Class D felony is not less than one (1) year nor more than five (5) years imprisonment. Under KRS §532.090, the sentence for a Class A misdemeanor is imprisonment for a term not to exceed twelve (12) months.

Then there’s the big charge:

  • KRS §507.020, murder is a capital offense. Under KRS §532.030, the sentence for a capital offense is either:
    • death
    • imprisonment for life without benefit of probation or parole
    • imprisonment for life without benefit of probation or parole until he has served a minimum of twenty-five (25) years of his sentence
    • imprisonment for a term of not less than twenty (20) years nor more than fifty (50) years

As we have previously noted, Fayette County Commonwealth’s Attorney Lou Anna Red Corn is retiring at the end of this month, so she won’t be able to “mediate” Mr Smith into a lenient plea deal, but if her hand-picked replacement is nominated by Governor Andy Beshear (D-KY), Mr Smith might well be the grateful recipient of leniency.

Mr Smith, if he is convicted, should get out of jail the same day that his victims comes back to life.

At 34 homicides in 251 days, Lexington is on pace for 49.44 murders for 2022.

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Is justice a matter of color in Lexington? Why does outgoing Commonwealth's Attorney Lou Anna Red Corn go after white killers more harshly?

We have previously noted how Fayette County Commonwealth’s Attorney Lou Anna Red Corn has a history of “mediating” plea deals to let murderers plead down to manslaughter and get far more lenient sentences. These were crimes in which the murderers “manslaughterers” deliberately tried to kill someone, so you’d think that someone who killed another man in an accident after fleeing police would catch something of a break, right?

Driver in five-county car chase that ended in man’s death found guilty of murder

by Taylor Six | August 31, 2022 | 4:37 PM EDT

Nathaniel Harper, photo by Fayette County Detention Center, and is a public record.

A jury delivered a guilty verdict in the murder trial of 42-year-old Nathaniel Harper, who was charged after he led police on a five-county car chase that resulted in the death of 57-year-old Anthony Moore of Lexington.Harper was convicted of wanton murder, fleeing or evading police and receiving stolen property following an incident on August 29, 2017. The defense team had hoped that Harper would receive a lesser homicide charge such as reckless homicide or second degree manslaughter.

The jury made a determination for his sentence on Wednesday afternoon for a total of 36 years with 30 years for the murder charge, one year for receiving stolen property, and five years for fleeing and evading police.

Was Mr Harper determined to go to trial, rather than take a plea bargain? Apparently not:

While the defense team – including Shannon Brooks and Chris Tracy – said there was no question of the truck being stolen and that Harper fled, they questioned whether he should be charged with murder.

“He is guilty of fleeing and receiving stolen property,” Brooks said in closing statements. “You can check those boxes as we stand here now. We concede those.”

They asked their client be charged with reckless homicide, as opposed to wanton murder, defined as the operation of a motor vehicle under circumstances manifesting extreme indifference to human life.

In other words, his attorneys were trying to get Mr Harper a lesser conviction, but knew that conviction on something serious was a given.

Now, I have absolutely no problem with Mr Harper being convicted of murder in this case, and would have had no problem with him being sentenced to life in prison without the possibility of parole. It is my position that deliberate murderers should get out of jail on the day that their victims come back to life.

As it is, born on October 1, 1978, and taken into custody on August 29, 2017, if the judge follows the jury’s recommendation, his sentence would not expire until August 29, 2053, when he would be 75 years old. Of course, under Kentucky law, Mr Harper would be eligible for parole after serving 85% of his sentence, or 20 years, whichever is less.

But it has to be asked: why did Commonwealth’s Attorney Red Corn and her subordinates not agree to some serious plea bargain arrangement, when they have so frequently done so in other cases? Is there any obvious difference between Mr Harper and, say, George Boulder IV, who was part of a deliberate, broad-daylight shooting which killed members of another gang, or Xavier Hardin, who deliberately shot an enemy in Fayette Mall, or Jemel Barber, who was allowed to plead down for one of two fatal shootings, or Malachi Jackson, who killed a 15-year-old rival, or James Ragland, who killed a woman outside a Lexington strip club?

Yup, I’ve got the mugshots of all of those fine gentlemen embedded in the links under their names, and it will take only a glance to see what the obvious difference is.

Fortunately, Miss Red Corn is retiring at the end of this month. Less fortunately, it will be Governor Andy Beshear (D-KY) who appoints her replacement, and Miss Red Corn suggested Kimberly Henderson Baird, her first assistant, to Mr Beshear, saying:

It goes without saying that appointing (Baird) would be historical — she would be the first African American woman to serve as Commonwealth’s Attorney in Kentucky. It is time!

Clearly, race is important to Miss Red Corn, who is an Osage Indian.

It is amusing that, in the Lexington Herald-Leader article on Miss Red Corn’s retirement, the newspaper said:

One of her more recent murder convictions was Robert Markham Taylor, (photo here) who was sentenced to 49 years in the brutal attack on University of Kentucky chef Alex Johnson, whose murder generated national headlines. Johnson, 32, was beaten to death, and his body was stuffed into a barrel and dropped into the Kentucky River, where it was found in January 2014.

She also successfully prosecuted Paris Charles, a handyman, (photo here) who killed and dismembered Goldia Massey, his girlfriend, in 2014. Charles was sentenced to 35 years in that case.

Yup, you guessed it: both men are white.

Miss Red Corn should not be feted; justice demands that she be gone, and, in reality, she should be prosecuted herself for her obviously discriminatory prosecutorial behavior.

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Killington The truth shall set you free . . . if you are free to tell the truth

After being graduated from high school in Mt Sterling, Kentucky, I was more than ready to leave the small town and head for Lexington, and the University of Kentucky. It wasn’t like I could afford Hahvahd, anyway. I lived in the Bluegrass State’s second-largest city from 1971 through the end of 1984, before moving to the Old Dominion for better job prospects. Yeah, I tend to concentrate on foul, fetid, fuming, foggy, filthy Philadelphia when it comes to crime, but it seems that while Killadelphia sounds more closely like Philadelphia than Killington sounds like Lexington, they’re becoming a bit too much alike.

I was ready to write about Lexington’s 32nd homicide of the year, when I opened the Lexington Herald-Leader’s website and found that the story about the 32nd murder was already out-of-date:

Man fatally shot on Devonport Drive, Lexington police say. It’s the second homicide this week

by Christopher Leach | Friday, September 2, 2022 | 7:14 AM EDT | updated: 8:05 AM EDT

Lexington police are investigating the second reported homicide of the week after a man was fatally shot early Friday.

The shooting happened in the 2000 block of Devonport Drive, near the intersection of Alexandria Drive and Versailles Road, around 12:55 a.m. Lt. Joe Anderson with the Lexington Police Department said responding officers found a man with a gunshot wound when they arrived at the scene.

The man was sent to the hospital, where he later died, according to Anderson. His identity will be announced by the Fayette County coroner after next of kin is notified. . . . .

This is the 33rd killing of 2022, nearing the annual homicide record of 37 set last year. This is also the second homicide this week after Dietrich Murray, 29, was shot and killed on Wednesday.

There’s a little more at the original.

In 2019, Lexington set its all-time homicide record of 30. Then, in 2020, Lexington broke that with 34 murders, and, in 2021, set it again at 37 dead bodies littering the city’s streets.

The city is on the slow side when it comes to putting information up on its websites. The city’s homicide investigations page hasn’t, as of this writing at 8:34 AM EDT on Friday, September 2nd, even included the 32nd killing, which occurred before noon, two days ago. But it does include the homicide investigations from 2021 on the same page, and the 33rd killing last year occurred on November 20th, 79 days later in the year.

Unlike Philadelphia, which averages almost 1½ homicides per day, much smaller Lexington, 321,793 versus 1,576,251 residents, averages only 0.1346938775510204 per day, or one every 7.42 days. That means that statistical projections are a bit more iffy; with one homicide every week, just a couple of weeks in which no one bothers to kill someone else can really throw off projections. Something as simple as a rainy weekend can keep the bad guys indoors more, and out on the bad street corners less.

Nevertheless, the current numbers work out to a projected 49.16 murders for the year.

So, what’s changed? As we noted on Thursday, Mayor Jim Kenney (D-Philadelphia) was blaming Philly’s huge homicide record on Republicans, on everyone but himself. Just as in Philly, Lexington has been operating on the same firearms control laws for years, so it isn’t a change in Kentucky’s constitutional carry gun control laws. A lot of big city politicians tried to blame the 2020 surge in killings on COVID-19, or the reaction to the unfortunate death-during-arrest of methamphetamine-and-fentanyl-addled convicted felon George Floyd, but that was two years ago! COVID-19 restrictions mostly eased by the end of 2020, and certainly by mid 2021, so it’s difficult to blame them. In Philly, the homicide rate surged from 1.4578 per day at the end of the Labor Day holiday weekend, to 1.7155 for the period from September 7 through December 31, 2021, when the vast majority of COVID-19 restrictions had been lifted and the public schools had been opened, albeit with mask mandates.

Something else has happened, something cultural that legitimizes bad guys carrying guns and blowing away people for trivial reasons. Yes, Kentucky’s firearms laws are less strict than Pennsylvania’s but Lexington’s 2021 homicide rate of 11.498 per 100,000 population was far lower than Philly’s 35.654.[1]The math: 37 homicides in 2021 ÷ 3.21793 = Lexington’s 2021 homicide rate; 562 homicides in 2021 ÷ 15.76251 = Philly’s homicide rate, expressed in homicides per 100,000 population.

Lexington’s homicide investigations page does not specify the race or ethnicity of murder victims, and the murder victims are specifically excluded from the city’s non-fatal shootings investigations page. But of the 87 non-fatal shootings listed as of August 27, 2022, 16, 18.39%, of the victims are listed as white, 5, 5.75%, are listed as Hispanic, which can be of any race, and 66, 75.86%, are listed as black.

Lexington’s population are not 75.86% black.

At some point, we have to look at the numbers, because numbers don’t lie. Pointing out these numbers, as I have previously, will be denounced as raaaaacist, but, unlike a lot of bloggers, I am retired, and have no job from which I can worry about being ‘canceled’. I can tell the unvarnished truth, the way so many others cannot.

And the truth is important: you cannot solve a problem if you are unwilling to identify the problem correctly, and it is wholly politically incorrect to identify the problem correctly these days.

Well, here’s another truth: everybody does know the problem, but as is obvious in Philly, most would rather ignore the fact that the homicide problem in our cities is primarily a black problem. So many would rather simply accept a ‘disproportionate’ number of murders among black city dwellers than admit that the problem exists within our black communities.

 

There is, however, another problem which jumps out at me, and it’s a problem that today’s left really don’t want to admit. The left believe that one change necessary to combat global warming climate change is greater population density, more people living closer to their jobs, not having as long commutes, and a greater ability for more people to take subways, trains and buses to work than their evil personal cars. But if there’s one real physical difference between Philadelphia and Lexington, it’s that the poorer areas in Lexington are not the rowhouse type of neighborhoods that dominate much of Philly. Even in the poorer neighborhoods in Lexington, housing is far more likely to be physically separate dwellings, far more likely to have a bit of yard between houses. This is not to say that there are no rowhouses in Lexington; there are, though interestingly enough many of them are in the gentrified areas north of the University of Kentucky campus, on South and North Limestone Street, along parts of Upper Street. And if you are really, really angry at someone, if you live further apart, it will take you longer to go home and get your gun — assuming that you aren’t carrying it — than in Philly, and those few extra seconds may be the ones which give you the time to realize, hey, if I blow that rat bastard away, I might just spend the rest of my life in Eddyville.

Row houses on Broadway in Jim Thorpe, during 2012 St Patrick’s Day Parade. Click to enlarge.

Could that be part of the reason that heavily rural Carbon County, population 64,749, where I lived in Pennsylvania, under the same gun control laws as Philly, went many years straight with zero homicides, even though it’s an area with a lot of hunters and most people own firearms? As nearly as I could find — the data are scattered, not consolidated, and it’s possible I missed something — there was one murder in Lehighton in 2004 and another in 2006, and those were the only murders in Carbon County from 2001 through 2019. Other than going up Broadway in Jim Thorpe, there are very few rowhouses. When the murder rate in Philadelphia was 22.197 per 100,000 population, in 2019 — boy, how low that seems compared to now! — and zero in Carbon County, with both under the same firearms laws, perhaps, just perhaps, it might be considered that the firearms laws aren’t really the problem.

Those two murders? One was a strangulation and beating of a mother by her son, and the other a stabbing following an argument.

But, at some point, we have to look at race and population density, both things the left are horrified to contemplate as being contributing factors, when it comes to crime in general, and murder specifically.

References

References
↑1 The math: 37 homicides in 2021 ÷ 3.21793 = Lexington’s 2021 homicide rate; 562 homicides in 2021 ÷ 15.76251 = Philly’s homicide rate, expressed in homicides per 100,000 population.
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Several previously convicted sex offenders arrested in Lexington for parole violations.

We noted, on August 5th, the arrest of previously convicted sex offender William Wehking. It looks like Fayette County is working hard to enforce the laws under which convicted sex offenders must live:

Over a dozen sex offenders in Fayette County arrested for not complying with registry

by Christopher Leach | Wednesday, August 10, 2022 | 1:22 PM EDT | Updated: 3:31 PM EDT

A multi-day operation headed by local and federal law enforcement agencies resulted in the arrests of 13 registered sex offenders in Fayette County who weren’t compliant with the sex offender registry, the Fayette County Sheriff’s Office announced Wednesday.

The sheriff’s office, along with the U.S. Marshals Service and Kentucky State Probation & Parole teamed up to carry out a Fayette County sex offender registration operation. The goal of the operation was to ensure supervised, registered sex offenders in Fayette County were compliant with the terms of their probation/parole and applicable laws.

The operation took place on July 26 and 27, according to the sheriff’s office. The coalition checked 78 sex offenders, 57 of which were deemed compliant, the sheriff’s office said. Of the remaining 21, eight were given sanctions and 13 were arrested for violating parole.

Martese Warner, photo by Fayette County Detention Center, and is a public record.

One of the individuals arrested, Martese Warner, 31, was also charged with trafficking in marijuana, possession of a firearm by a convicted felon and possession of drug paraphernalia.

As of Wednesday morning, all of the 13 suspects arrested were still in custody, according to Fayette County Sheriff Kathy Witt.

“It is my hope that as we move forward that these 13 will have their parole and/or their probation, whichever one it is, rescinded or revoked, and it is my hope that they will have to serve out the rest of their sentence while incarcerated,” Witt said.

As always, the Lexington Herald-Leader chose not to include an offender’s mugshot, but the notion that doing so harms people who may, in the future, be acquitted, should not hold here: these people are all previously convicted sex offenders!

The U.S. marshals said that during the operation they seized 21 cell phones that were unreported or contained violations, three hard drives, two laptops, two “sexual devices/aids,” one knife, one hatchet, one loaded firearm, one box of 9 mm ammunition, 370.3 grams of marijuana, drug paraphernalia, two digital scales, and $700.

Jason Aldridge, photo by Fayette County Detention Center, and is a public record.

Unfortunately, the newspaper named only one of the offenders, and the information in the last quoted paragraph, while specific about what evidence was seized, tells us nothing about from how many of the arrested individuals it was taken. The WLEX-TV Channel 18 story showed some of the offenders listed: Jason Aldridge, George Cady, Likuan Clark, Justin Cook, and Kenneth Cook. All are charged with parole violation (technical violation), with no bond amount listed. Like Sheriff Witt stated, they should have their parole revoked and be kept behind bars until the very last day of their sentences.

George Cady, photo by Fayette County Detention Center, and is a public record.

Likuan Clark, photo by Fayette County Detention Center, and is a public record.

Justin Cook, photo by Fayette County Detention Center, and is a public record.

Kenneth Cook, photo by Fayette County Detention Center, and is a public record.

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No sense letting this guy plead down; he obviously likes jail!

When a guy has ten separate mugshots listed in the Fayette County Detention Center, all since July 28, 2015, I think it’s fair to say that he just plain likes jail!

Lexington police find man dead while responding to a shooting call. Suspect later arrested

Sean Smith. Photo by Fayette County Detention Center, and is a public record.

by Christopher Leach | Friday, August 5, 2022 | 6:44 AM EDT | Updated: 11:02 AM EDTLexington police have arrested a suspect in connection to an overnight fatal shooting.

Police said Sean Smith, 53, has been charged with murder and wanton endangerment. Fayette County Detention Center records say Smith was booked in at 8:43 a.m. Friday and is being held without a bond.

The shooting happened around 1:50 a.m. Friday in the 1800 block of Augusta Drive, according to Lt. Joe Anderson with the Lexington Police Department. Officers were responding to a report of a subject down and found a dead male with a gunshot wound on scene, according to Anderson.

Anderson said Friday morning that police were still investigating the shooting and working to determine what led up to the incident.

It’s the city’s 28th homicide of 2022, which is nine short of the annual record set last year.

Read more at: https://www.kentucky.com/news/local/crime/article264210241.html#storylink=cpy.

Sadly, this story is mostly unremarkable, except for the very last sentence. The article stated, “It’s the city’s 28th homicide of 2022, which is nine short of the annual record set last year.” What was not mentioned is the fact that the 28th homicide of 2021 occurred on October 5th, two full months later in the year. 28 murders as of 216th day of the year equals one homicide every 7.62 days, putting the city on track for 47 or 48 (47.31 actually) killings for 2022, in a city in which even the Herald-Leader has reported that Commonwealth’s Attorney Lou Anna Red Corn has been “mediating” pleas and sentences in 19 out of 25 murder cases, allowing killers to receive sentences as light as ten years.

KRS §507.020 Murder is a capital offense, which, under KRS §532.030 carries possible sentences of:

  • death
  • imprisonment for life without benefit of probation or parole
  • imprisonment for life without benefit of probation or parole until he has served a minimum of twenty-five (25) years of his sentence
  • imprisonment for a term of not less than twenty (20) years nor more than fifty (50) years

KRS §508.060 Wanton endangerment in the first degree is a Class D felony, which, under KRS §532.060 carries a sentence of one (1) to five (5) years in the state penitentiary.

No need for Miss Red Corn to offer Mr Smith a sweetheart plea deal; since he obviously likes jail, might as well keep him in jail for the rest of his miserable life. At least that way he won’t be a menace to the innocent people in the city.

 

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There is no cure for pedophilia If convicted, this fine gentleman should never see the outside of prison again

There is no cure for pedophilia, and any sentence less than life imprisonment simply means that a convicted pedophile will offend again.

Previous offender charged with dozens of sex crime offenses in Lexington, records show

by Christopher Leach | Thursday, August 4, 2022 | 8:24 AM EDT

William Wehking, photo by Fayette County Detention Center, and is a public record.

A registered sex offender in Lexington was booked into the Fayette County Detention Center Wednesday afternoon on dozens of charges related to sexual activity with a minor, according to court and jail records.William Wehking, 35, has been charged with 25 counts of possessing matter portraying a sexual performance by a minor and one count of distributing obscene matter to minors, use of a minor in a sexual performance and procuring or promoting the use of a minor in a sexual performance, according to jail records. He’s being held on a $50,000 bond.

Under the McClatchy Mugshot Policy, what my best friend used to call the Lexington Herald-Liberal did not publish the suspect’s mugshot, but, at The First Street Journal we most certainly do. The suspect’s mugshot is a public record available from the Fayette County Detention Center, from which I obtained it.

According to his arrest citation, Wehking knowingly engaged in sexual conversations with a 12-year-old girl. The Lexington Police Department became aware of the activity after being tipped off by the Franklin County Sheriff’s Office in Illinois, where the victim resides.

Wehking and the victim communicated over Snapchat and text messaging, according to court documents. Investigators got a search warrant for his cell phone and found 25 images and/or videos of minors under the age of 12 engaging in sexual activity. Wehking admitted to the illegal behavior as well as exposing his genitals to the victim in a video chat, according court documents.

Read more here.

Mr Wehking was already on the sex offender registry, non-compliantly due to an unverified address, for a conviction for sexual abuse in Illinois; that victim was 16 years old.

According to the suspect data from the Fayette County Detention Center, the 5’8″, 257 lb Mr Wehking is charged with

  • KRS §531.335 Possession or viewing of matter portraying a sexual performance by a minor under 12 years of age, 25 counts, a Class C felony
  • KRS §531.030 Distribution of obscene matter to minors, first offense, 1 count, a Class A misdemeanor
  • KRS §531.320 Promoting a sexual performance by a minor, 1 count, a Class B felony
  • KRS §531.310 Use of a minor in a sexual performance, 1 count, a Class B felony

Under KRS §532.060:

  • the sentence for a Class B felony is not less than ten (10) years nor more than twenty (20) years imprisonment
  • the sentence for a Class C felony is not less than five (5) years nor more than ten (10) years imprisonment

Under KRS §532.090:

  • the sentence for a Class A misdemeanor is imprisonment for a term not to exceed twelve (12) months.

According to my precise calculations, the distinguished Mr Wehking is facing up to 291 years in the state penitentiary, and, if convicted on all counts, that’s exactly the sentence he should receive. Lock him up, and throw away the key!

Of course, that’s unlikely to happen, isn’t it? If convicted on all charges, Mr Wehking could get as little as 10 years in prison, the minimum of the Class B felonies, and be sentenced to have all sentences run concurrently rather than consecutively. The Herald-Leader noted how Fayette County Commonwealth’s Attorney Lou Anna Red Corn has been using “mediation” to secure plea bargains:

From murder to manslaughter: How felony mediation works to reduce backlogged caseload

By Taylor Six | July 18, 2022 | 1:00 PM EDT

While the resolution of some recent Fayette County homicide cases has taken years, the new use of mediation in Fayette County has allowed some cases to move much quicker, including the case of a 27-year-old man who has admitted guilt in a deadly shooting that happened just over one year ago.

Danzell Cruse was originally charged with murder, possessing a handgun as a convicted felon and being a persistent felony offender following the shooting of 38-year-old Jocko Green in a parking lot outside of an apartment complex in July 2021.

After Cruse’s defense and prosecutors came together to mediate the case with a retired judge, Cruse pleaded guilty to second-degree manslaughter. He will be sentenced in August.

Felony mediations were only recently introduced and encouraged in Fayette County in April 2021 by Kentucky Supreme Court Judge John Minton, in efforts to reduce a backlog in criminal cases caused by COVID-19. The pandemic significantly slowed down the progress on the courts system.

Since that time, Fayette Commonwealth’s Attorney Lou Anna Red Corn said there have been 25 mediations, 19 of which involved murder charges.

Under KRS §507.020, murder is a capital offense. Under KRS §532.030, the sentence for a capital offense is either:

  • death
  • imprisonment for life without benefit of probation or parole
  • imprisonment for life without benefit of probation or parole until he has served a minimum of twenty-five (25) years of his sentence
  • imprisonment for a term of not less than twenty (20) years nor more than fifty (50) years

Simply put, the Commonwealth’s Attorney could have put those 19 killers away for the rest of their miserable lives, or until they were so elderly that they were little risk to society if they ever got out.

  • KRS §507.030 Manslaughter in the first degree is a Class B felony, which, as noted above, carries a sentence of 10 to 20 years in prison.
  • KRS §507.040 Manslaughter in the second degree is a Class C felony, the sentence for which is 5 to 10 years behind bars.

In other words, the Commonwealth’s Attorney negotiated plea bargains which sets the maximum sentence at what the absolute minimum sentence for murder would be. But those murderers manslaughterers weren’t usually getting that twenty year maximum sentence:

There are more such examples, but the point is obvious: if Miss Red Corn is willing to let murderers plead down to manslaughter, and have a chance to get out of prison while still relatively young, can we really expect her to treat Mr Wehking seriously? And if Mr Wehking is allowed to plead down and get a light sentence, can we hold Miss Red Corn accountable if he reoffends?

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Hold them accountable! When criminals are not treated harshly, bad things happen

When criminals are not treated seriously, when they are given lenient plea bargain deals, and when they are let out of jail early, or never jailed at all, bad things can happen. From the Lexington Herald-Leader:

Gary Wilburn Elmore, photo by Fayette County Detention Center, and is a public record.

Lexington man, previous offender accused of sexually assaulting a woman under his care

by Christopher Leach | Friday, July 15, 2022 | 8:24 AM EDT

A Lexington man who was previously convicted of a sexual assault crime has been charged with rape and and sexual abuse, according to court records.

Gary Elmore, 52, is accused of sexually assaulting a female while she was asleep. Elmore’s arrest citation said he was the victim’s care taker and the abuse happened daily while the victim was under his care for approximately one month.

The victim is a vulnerable adult and relied on Elmore for care and assistance for completion of nearly all daily living activities, according to court documents.

Elmore is listed on the Kentucky State Police sex offender registry for pleading guilty to third degree rape in 2010 in Jefferson County. Court records show the charge was amended down from first degree rape and he was sentenced to five years of supervised probation.

Elmore was also charged with failure to comply with the sex offender registry twice — later in 2010 and again in 2012, per court records. He pleaded guilty in 2010 to attempting to not comply with the registry. He pleaded guilty in 2012 to failing to comply.

At this point I would normally write that there’s more at the original, but there isn’t; Christopher Leach’s story is only those five paragraphs long.

Mr Elmore would seem to fall into the category of “was known to the police.” His record at the Fayette County Detention Center shows not just one, but five separate mugshots, dated September 15, 2015, December 5, 2021, December 25, 2021, June 16, 2022, and July 14, 2022. The first two mugshots are identical, so it is possible that the Merry Christmas mugshot was to replace the duplicate one used twenty days previously.

Under KRS §510.040, first degree rape is a Class B felony, the punishment for which is a minimum of ten years to a maximum of 20 years under KRS §532.060. Had the charge not been amended down, Mr Elmore could still have been behind bars when he (allegedly) raped his victim.

Under KRS §510.060, third degree rape is a Class D felony, punishable by 1 to 5 years in prison. While I certainly don’t like that Mr Elmore was allowed to plead down, this could very well have been to save the victim further trauma from having to testify in court, something I do understand.

However, he was given 5 years probation, with apparently no jail time at all, and twice tried to evade the sex offender registry, which should have resulted in him being sent to prison, but if he was, the story does not tell us.

A first offense of failure to comply with sex offender registry requirements is a Class D felony under KRS §17.510, the penalty for which is 1 to 5 years in prison, and each subsequent offense is a Class C felony, the sentence for which is a minimum of 5 years to a maximum of 10 years. The victim would not have to testify for this. While the first plea bargain could have been made to save the victim from having to testify, the attempt to evade the register would not have required her testimony; the case could have been made simply via paperwork. The Commonwealth could have locked up this cretin for up to five years on the first offense, which would have made up for him not being jailed previously due to the plea deal.

If he had been sentenced to just one year for that first offense, he would have been free in 2012, the date of his second registry offense, and could have gotten locked up for ten years.

This is a story of a lot of failures by people other than Mr Elmore. Who hired him to work as a caregiver for a mostly helpless woman, despite the fact he was a convicted felon and on the sex offender registry? Did someone check and know about this, and hire him anyway, or did someone simply fail to check the background of a person who was going to be sent into the hole of a disabled woman? In either case, the person who hired him needs to be held accountable.

It has to be asked: just who treated Mr Elmore so leniently in the criminal justice system, leniently enough that he was able to (allegedly) rape a 52-year-old woman who was disabled enough that she required a caregiver? Mr Elmore could have spent at least five years behind bars, though that would not have had him in jail when he (allegedly) raped his helpless victim, but at least the public would have been protected from him for that time. Whoever treated Mr Elmore leniently needs to be held accountable.

Both first degree rape and first degree sodomy (KRS §510.070) are Class B felonies, unless the victim receives a serious physical injury, which would upgrade the charge to a Class A felony, which carries a penalty of not less than 20 nor more than 50 years in prison, or a straight life sentence. The story does not tell us if the victim was injured.

If Mr Elmore is found guilty, he needs to spend the rest of his miserable life behind bars. If he is convicted of both first degree rape and sodomy, he should be sentenced to the maximum, with the sentences set to run consecutively, not concurrently.

The Herald-Leader is telling readers that the Commonwealth’s prisons are once again getting overfilled, but letting criminals out early is not the answer; the answer is to build more prisons to hold the bad guys behind bars for as long as the law allows. This might help deter some of the other bad guys, but it will definitely protect the people of the Bluegrass State.