No, not that the victim was stupid — though he might have been — but that the man who (allegedly) killed him was stupid.

We noted, Saturday afternoon, Lexington’s sixth homicide of the year. Lexington Herald-Leader reporter updated her story at 4:02 PM on Monday, giving us more details:

Juan Carlos Linares, Photo by Fayette County Detention Center, and is a public record., Click to enlarge.

An arrest citation says a verbal altercation with Linares and two other people led to a physical altercation with Linares’ family and two others. At the end of the fight, Linares shot one of the victims, who was laying defenseless on the ground, according to court records.

Court records also say Humberto Saucedo-Salgado, who resides in Phoenix, Az., caused physical injuries to one of the victims with his hands and feet. That victim was taken to the emergency room and intubated due to his injuries.

You can read more here.

In other words, Juan Carlos Linares had won his fight, had beaten the still unidentified victim into defenselessness, and then decided, heck, why not, might as well just shoot the guy, right? That’s just plain stupidity.

The other two members of his ‘side’ of the fight, Oziel and Humberto Saucedo-Salgado, were charged with first degree assault, and released on $10,000 bail each. Mr Linares bond has been set at $750,000, and he’s still locked up. Even so, bail can be denied in Kentucky for persons charged with offenses for which capital punishment is possible.

Mr Linares’s record at the Fayette County Detention Center indicates that the only charge against him, as of 5:10, when I accessed the information, is murder, though it’s obvious the first-degree assault could be added.

Under KRS §508.010, Assault in the first degree is a Class B felony, punishable by no less than ten years and up to twenty years in the state penitentiary, along with a $1,000 to $10,000 fine. Under KRS §507.020, murder is a capital offense, though the penalty can be less than death. Under KRS §532.030, the penalty can be death, life without the possibility of parole, life with the possibility of parole after a minimum of 25 years in prison, or a twenty to fifty year sentence.

Mr Linares act of stupidity, (allegedly) murdering an already beaten foe, could, and should, have him locked behind bars for the rest of his miserable life. If he had just stopped with the beatdown, he’d have been looking at getting out of prison when he was 43 years old, at worst, certainly a long time behind bars. Now, he’s looking at spending the rest of his life behind bars.

Unless, of course, Fayette County’s Commonwealth’s Attorney Lou Ann Red Corn decides to let him plead down to a lesser offense, as she has done so many times recently. Such would not surprise me in the slightest.