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Man is shot in the chest after answering the door

- kward1@herald-leader.com

A young man was shot in the chest in an apartment on Winburn Drive just after 4 p.m. Monday.

Someone knocked on the door of the man’s apartment at 1218 Winburn Drive, and when he opened the door, the man was shot, said Lexington Police Lt. Scott Blakely.

He said the man, whose identity was not immediately available, was taken to the University of Kentucky Hospital.

The victim’s brother was at home at the time of the shooting, but he was in another room and did not see what happened, Blakely said.

Police were talking to neighbors to try to get a description of a suspect, but they did not have anything to go on shortly after the shooting. Blakely said the investigation is “very preliminary.”

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Testimony: Murder suspect laughed as he shot Lexington Green victim

- bortiz@herald-leader.com

Christopher Tolliver was on his knees suffering from a bullet wound to his abdomen when his ex-boyfriend fired a fatal gunshot to the back of his head, a detective testified Monday.

Witnesses at the Lexington Green parking lot on March 5 told police that the shooter laughed as he stood over Tolliver, Detective Todd Iddings said.

Iddings testified Monday during a preliminary hearing for Toby Lasure in Fayette District Court. Lasure, 31, is charged with murder, wanton endangerment, fleeing police and leaving the scene of an accident.

District Judge Joseph Bouvier found probable cause to send Lasure’s case to a grand jury for possible indictment.

Lasure spoke with police after the shooting and confessed several times. Lasure said Tollier told him “hurtful things” at Lexington Green, according to Iddings.

Friends and relatives of Tolliver have said he had broken up with Lasure, whom he met last year around Thanksgiving.

Iddings said Lasure called Tolliver earlier that day, asking him to work out with him at Fitness 19 on Boston Road. Lasure found Tolliver at the nearby Kroger, and Tolliver told him he wanted to talk at Lexington Green, Iddings said.

Police have said several people witnessed the shooting.

Iddings said two witnesses identified Lasure — through a photo lineup — as the shooter at Lexington Green.

Another police officer described the chase that led to a three-hour standoff at the Ridge Behavioral Health System. The Ridge is a psychiatric and chemical dependency treatment center at 3050 Rio Dosa Drive, near Man o’ War Boulevard.

Sgt. Pat McBride said Lasure whizzed in and out of “extremely heavy traffic.” He got up to 90 miles an hour on New Circle Road.

At the Ridge parking lot, Lasure held a gun to his head inside his car. Negotiators eventually persuaded him to surrender.

“Our only hope was to calm him down,” McBride said.

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2 charged in alleged murder plot plead not guilty

- gkocher1@herald-leader.com

Mark A. Jackson

Mark A. Jackson

Lavena K. Lear

Lavena K. Lear

VERSAILLES — A Harrodsburg man and woman pleaded not guilty Monday to charges of conspiracy to commit murder.

Lavena K. Lear, 26, and Mark A. Jackson, 25, were arrested in Versailles last week by Kentucky State Police and Versailles police.

Police say the two conspired to kill Lear’s ex-husband, Brian Keith Lear, 30, of Harrodsburg “when they solicited another person to obtain a grenade to blow up a vehicle with victim inside,” according to an arrest citation. The person who was solicited was an undercover cop.

Lavena Lear and Jackson appeared Monday before Woodford District Judge Vanessa Dickson. The judge increased the bond for each from $20,000 to $100,000 cash. Dickson said she would reconsider bonds after “I hear the strength of the evidence.”

Woodford County Attorney Alan George said he sought the bond increases because Brian Keith Lear “is scared to death.”

The judge scheduled a preliminary hearing in the case for March 25. At that time the judge will hear evidence to determine whether there is probable cause to send the case to a grand jury for possible indictment.

The Lears were married in Mercer County in April 2004, were separated in July 2005, and were divorced in January 2006, according to Woodford court records.

Lavena Lear is represented by Carl Banks of Versailles. Public defender Doug Crickmer will represent Jackson.

In court Monday, Banks said Brian Keith Lear had committed several violations of domestic violence orders.

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3 motorcycle fatalities last week

Here’s a release from the KSP:

FRANKFORT -  Preliminary statistics indicate that 13 people died in separate crashes on Kentucky roadways last week.

Nine of the crashes, which occurred between March 9 through March 15, involved motor vehicles and six of those victims were not wearing seat belts. Single-fatality crashes occurred in Allen, Harlan, Hart, Knott, Laurel, Letcher, Scott and Todd counties.

Three fatal motorcycle crashes occurred in Jefferson, Trimble and Wolfe counties.  One crash involved the suspected use of alcohol.  Two of the three victims were wearing helmets.

One pedestrian fatality occurred in Montgomery county.

Through March 15, preliminary statistics* indicate that 126  people have lost their lives on Kentucky roadways during 2009.  This is sixteen fewer than reported for the same time period in 2008.   Of the 112 motor vehicle fatalities, 68 victims were not wearing seat belts.  Eight pedestrians have been killed.  Five fatalities involved a motorcycle and one fatality involved an ATV.  A total of twenty-eight fatalities have resulted from crashes involving the suspected use of alcohol.

Citizens can contribute to highway safety by reporting erratic drivers to the Kentucky State Police toll-free at 1-800-222-5555. Callers will remain anonymous and should give a description of the vehicle, location, direction of travel and license number if possible.

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Missing Clark man found in North Carolina, recants kidnapping story

- slannen@herald-leader.com

A Clark County man turned up unharmed in North Carolina after apparently concocting a scheme to make it look as if he had been kidnapped.

Gary Wayne Clark was reported missing earlier this week after he did not show up for work at the Clark County Public Schools bus garage. Clark’s home was ransacked, and investigators found a cell phone — on which 911 had been dialed — on his garage floor, Clark Sheriff Berl Perdue Jr. said.

Early Thursday, Clark went to the Huntersville, N.C., Police Department and said he had been kidnapped at gunpoint and forced to drive there from Kentucky, Perdue said. Late in the day, Clark recanted and said he had personal problems and needed to get away, Perdue said.

News reports have surfaced that connect Clark to a 10-year-old boy near Charlotte. Officials in Huntersville have not returned calls for comment. Perdue said he could not say whether Clark might face charges in North Carolina but said he will not face any charges in Clark County.

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Ex-teacher facing new sex abuse charges

The Associated Press

PADUCAH — A former high school teacher in Western Kentucky charged with sexually abusing a 17-year-old student is facing three new felony counts of sexual abuse.

Authorities say the new charges against 35-year-old Jason Neelley are related to allegations that he solicited sex with the Lone Oak High School student on Dec. 15 when she was wearing a police recording device.

The Paducah Sun reports that Neelley is out on bond but will be arraigned March 20.

Neelley is charged under a Kentucky law that took effect in July that raised the age of consent from 16 to 18 if a person of authority or trust is involved.

Neelley’s attorney, Andrew Coiner, questioned whether Neelley could be charged under the new law since the victim wasn’t in any classes or activities taught by Neelley.

Information from: The Paducah Sun, http://www.paducahsun.com

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State police try to increase motorcycle safety

Kentucky State Police issued this news release today:

The roar of engines will be heard in Frankfort on May 21 when Kentucky State Police hosts its second annual ‘Motorcycle Safety Awareness Day.’ A full day of activities is planned that includes vendor displays, a news conference, safety seminar and the ‘Cruise for Awareness’ ride. The ride will be escorted by KSP, with more than 100 motorcycles traveling through Frankfort making a swing around the State Capitol building.

With the recently adopted resolution sponsored by Sen. John Schickel, the month of May will be designated as ‘Motorcycle Awareness Month’ in the Commonwealth.

“The primary purpose of this proclamation is to encourage the motoring public to be vigilant in observing motorcyclists on the road” says Schickel. “Events like KSP’s Motorcycle Safety Day will provide the venue to educate riders about the importance of wearing safety gear and ultimately prevent senseless tragedies from occurring,” he adds.

KSP Commissioner Rodney Brewer is extending an invitation to motorcycle organizations, rider clubs and bike enthusiasts throughout Kentucky to attend this safety awareness event.

“All too often after a motorcycle crash, the drivers of other vehicles involved say they never saw the motorcyclist and were unable to respond in time,” says Brewer. “Our goal is to increase public awareness through this program that will ultimately reduce motorcycle fatalities. In addition to the ‘Cruise for Awareness’ ride and other activities, we are providing a free motorcycle safety seminar in the evening,” he adds.

“There’s often an obstacle confronting new riders,” says Brewer. “They’d like to buy their first bike or maybe upgrade to a newer, more powerful one, but worry about their ability to handle it safely. Rider education programs are the answer for both beginner and seasoned riders. We advocate attending refresher courses that help riders keep their edge by sharpening their skills.”

Sergeant David Jude is organizing the ‘Motorcycle Safety Awareness Day’ program by reaching out to riders, the motoring public and the motorcycle industry.

“The target audience of our awareness program includes both vehicle drivers and motorcycle operators,” says Jude. “Our principle concern is to increase driver recognition of motorcyclists in traffic, while at the same time encouraging cyclists to engage in the overall safe operation of their bikes.”

“We are already getting the cycle industry onboard for this event. Many vendors who plan to participate will be featuring the latest safety apparel and equipment available for riders,” adds Jude.

In 2008, Kentucky had 2,109 crashes involving motorcycles with 102 of those resulting in a fatal crash. Of those, 64 were not wearing helmets and 40 crashes involved a collision with a passenger vehicle. Last year, there were 108,602 motorcycles registered in the Commonwealth.

Jude advises that information about the ‘Motorcycle Safety Awareness’ event, including registration for the free safety seminar, can be obtained on the KSP website at www.kentuckystatepolice.org or by calling the Office of Public Affairs at 502.695.6344. All event activities will take place at KSP headquarters in Frankfort and will begin at noon.

The free safety seminar will be limited to the first 100 participants who register and will be held at KSP headquarters from 6:00 - 9:00 p.m. on May 21.

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Man found guilty in repo murder trial

- bortiz@herald-leader.com

Brandon C. Robinson

Brandon C. Robinson

A Fayette County jury found a Lexington man guilty of murder for gunning down a repo man who was taking his car.

An eight-woman, four-man jury recommended a 40-year-sentence for Brandon C. Robinson, who fired 12 bullets at David S. Smith, 45, while he was repossessing Robinson’s white Oldsmobile Cutlass on June 28, 2007, on Laredo Drive.

Jurors urged an additional five years for tampering with evidence, for a total recommendation of 45 years in prison.

Circuit Judge Thomas Clark will consider the recommendation at an April 10 sentencing hearing.

Smith’s oldest son, Erik S. Smith, said he was satisfied with the recommendation. He noted that the sentence was equal to his father’s age when he was killed.

Defense lawyers had asked jurors to convict Robinson, 22, of a lesser offense, first-degree manslaughter. They said Robinson was acting under extreme emotional disturbance.

Robinson had problems with the car from day one, attorney Tucker Richardson said. Earlier in the day he had gotten into a heated telephone argument with Chris Mackey, of Cars R Us. Robinson threatened to stop making payments.

Even though Robinson was up to date on his payments, Richardson said, Mackey decided to repossess the car.

“I am not saying let him go. Brandon is guilty of manslaughter in the first degree,” Richardson told jurors. “If you do that, I think you will see that justice will be done.”

Assistant Commonwealth’s Attorney Kimberly Henderson Baird, in a closing argument that lasted nearly an hour, noted that Robinson originally told police that he grabbed a gun by his couch, loaded it and went after Smith. Baird said that’s evidence that he intended to kill Smith.

Defense attorneys say Robinson happened to be putting his gun away in his bedroom when his girlfriend’s mother told him the car was being stolen.

Baird said defense attorneys were trying to distract jurors by focusing on the business practices of the car dealer. She urged jurors to convict Robinson of intentional murder.

“There is no reasonable excuse for what he did,” Baird said.

During the sentencing phase, Erik Smith testified that his father was a kind-hearted and gregarious fellow. His death has been tough on the family.

“His phone number is still in my phone because I can’t bring myself to delete it,” Smith said.

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Jury finds defendant guilty in repo murder trial

UPDATE at 4:30 p.m. A Fayette County jury has found Brandon C. Robinson guilty of murder and tampering with physical evidence in the shooting death of repo man David S. Smith.
- bortiz@herald-leader.com
Brandon C. Robinson

Brandon C. Robinson

A defense lawyer urged jurors to convict Brandon C. Robinson only of first-degree manslaughter for gunning down repo man David S. Smith.

Attorney Tucker Richardson said Robinson was acting under extreme emotional disturbance when he fired 12 bullets at Smith on June 28, 2007, the night that Smith tried to repossess Robinson’s white Oldsmobile Cutlass on Laredo Drive.

Robinson, who is on trial in Fayette Circuit Court, had problems with the car from day one. Earlier in the day, he had gotten into a heated telephone argument with Chris Mackey, of Cars R Us, where he bought the vehicle. Robinson threatened to stop making payments, according to testimony.

Even though Robinson was up to date on his payments, Richardson said, Mackey decided to repossess the car.

“I am not saying let him go. Brandon is guilty of manslaughter in the first degree,” Richardson told jurors. “If you do that, I think you will see that justice will be done.”

The jury began deliberating the case Thursday afternoon

Assistant Commonwealth’s Attorney Kimberly Henderson Baird, in a closing argument that lasted nearly an hour, said Robinson originally told police that he grabbed a gun near his couch, loaded it and went after Smith. Baird said that’s evidence that he intended to kill Smith.

Defense attorneys say Robinson was putting his gun away in his bedroom when his girlfriend’s mother told him the car was being stolen.

Baird urged jurors to convict Robinson of intentional murder.

“There is no reasonable excuse for what he did,” Baird said.

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Ky. man charged with fathering child by daughter

The Associated Press

A southern Kentucky man has been indicted on an incest charge for allegedly fathering a child with his daughter nearly two decades ago.

Pulaski County Sheriff’s detective Brett Whitaker told the Commonwealth Journal the case against the now 78-year-old man started in 2005 when officials investigated a neglect complaint about the child, who was born in 1991.

Whitaker said DNA confirmed the man was the child’s father and grandfather.

The Associated Press doesn’t name alleged victims of sex crimes and isn’t naming the man in this case to protect the daughter’s identity.

Whitaker told the Somerset newspaper the man admitted a sexual relationship from the time the daughter was 13 until she was in her 30s. The man was not immediately arrested as authorities sought him following the indictment last week. Whitaker said the woman is now in her 40s.

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