Tag Archive for 'death'

Ragland files appeal in civil case

Shane Ragland

Shane Ragland

Shane Ragland, who has admitted that he shot and killed UK football player Trent DiGiuro in 1994, has filed for an appeal of his civil court case.

Ragland’s filing comes nearly a month after a Fayette judge refused to throw out a record $60 million in punitive damages against Shane Ragland in the sniper-style shooting death of a University of Kentucky football player in 1994.

Ragland’s attorney, David Broderick of Bowling Green, filed for the appeal Monday in Fayette Circuit Court in response to Circuit Judge Thomas Clark’s Jan. 7 ruling. Ragland had 30 days to file a notice of appeal.

Ragland, who was arrested in 2000, was convicted in 2002 of murdering Trent DiGiuro, but the Kentucky Supreme Court overturned the verdict in 2006.

He accepted a plea deal in 2007 and pleaded guilty to second-degree manslaughter. His sentence was for time served plus an additional three days of home incarceration.

Ragland admitted to fatally shooting Trent DiGiuro in front of a Woodland Avenue rental house while DiGiuro was celebrating his upcoming 21st birthday. Prosecutors have said Ragland was angry because he wrongly thought DiGiuro had prevented him from getting into the fraternity.

DiGiuro’s family sued Ragland, and in August a jury awarded the family $63.3 million, including $3.3 million in lost wages.

The amount awarded, if it stands, will be the largest ever to come out of Fayette County and the second-largest ever in Kentucky.

Ragland and his attorneys did not attend the civil trial, but filed a motion in September asking for the verdict to be tossed out and requesting a new trial. They claimed the verdict was excessive, despite their earlier offer to settle the case for $50 million.

Clark overruled that motion last month. His order represented the strongest public statements he has made in the eight years he has presided over the criminal and civil cases.

“This court … can find no greater act of reprehensibility than the premeditated, senseless killing of a young man about to enter the prime of his life, particularly in light of the purported motive,” Clark wrote. “To lie in wait, in the dark of night, and assassinate a person for purportedly being blackballed from a fraternity years earlier, the court can find no greater reprehensible conduct.”

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Slaying suspect pleads not guilty

- slannen@herald-leader.com

A man charged with second-degree manslaughter in a Jan. 1 shooting has pleaded not guilty.

Stephen J. Wigginton, 28, entered the plea during an arraignment Wednesday in Fayette District Court to a charge of second-degree manslaughter in the shooting death of Robert Jay McAlpin, 27.

Investigators say Wigginton was “mishandling a firearm” when the weapon fired and the bullet struck McAlpin in the head.

However, McAlpin’s father said Wednesday he thinks Wigginton should be charged with murder.

Tim McAlpin readily says that no one other than those present know the exact circumstances that led to his son’s death early on Jan. 1 at a house on Southpoint Drive.

He thinks Wigginton did not simply mishandle the gun as police have said.

Jay McAlpin kept the weapon — a .357 Magnum revolver — on his night stand, his father said.

Tim McAlpin questions the police account of the shooting. He also doesn’t think the two men were friends, as police have said.

He said his son had known Wigginton since their days at Tates Creek High School. But they had had words recently over McAlpin’s separation from his wife.

Wigginton and an attorney declined to comment after leaving court Wednesday. Wigginton is scheduled to return to court at 8:30 a.m. on Jan. 30.

Lexington Police Lt. James Curless said detectives charged Wigginton based on the evidence found in their investigation.

Second-degree manslaughter is filed when a person “wantonly causes the death of another person,” according to Kentucky Revised Statutes.

Curless declined to discuss specifics of the case because it will be presented before a Fayette grand jury, which will hear the evidence and has the power to alter the charge.

“We charged him with what we thought was appropriate,” he said.

Jay McAlpin was a manager of one of his family’s businesses, his father said. He had talked about returning to college and eventually pursuing a law degree.

A man of strong Christian faith, in April Jay McAlpin bought a few billboards around Lexington quoting 1 Corinthians 15:3-4. It was a passage his great-grandfather had taught his father. Now, he was teaching his young son, Cameron, McAlpin said.

New Year’s Eve, McAlpin saw his son sitting in his pickup studying his devotional before coming inside. A few hours later, he was dead.

“It’s an awful thing. It’s been the biggest blow certainly in my life … but I know Jay is in heaven,” he said.

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Police investigate Madison County shooting death

Central Kentucky Bureau

Kentucky State Police are investigating the death of a man from a gunshot wound Sunday night.

Shortly before 7 p.m. Sunday, troopers responded to a disturbance where shots were fired on Charlie Norris Road in eastern Madison County.

Upon their arrival, the troopers found one man dead, a state police release said. State police have not released the victim’s name, but an autopsy was to be conducted Monday in Frankfort.

Detectives Brian Reeder and Bill Collins are conducting the death investigation.

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Bourbon jailer, deputy agree to give up jobs

By Jillian Ogawa
jogawa@herald-leader.com

PARIS — The Bourbon County jailer and his chief deputy agreed to give up their jobs at the Bourbon County Detention Center to avoid being arrested on charges stemming from their indictment last week, according to court documents.

The agreement was made by prosecutors and attorneys for Jailer Tony Horn and Chief Deputy Jailer Sandy Dotson. It sheds light on Horn and Dotson’s employment status, which had been unclear.

According to agreed orders filed this week in Bourbon Circuit Court, a court summons was issued for Horn and Dotson instead of an arrest warrant because the two agreed to give up their duties, pending the outcome of their case.

Horn has been charged with two counts of tampering with public records, a class D felony, and two counts of first-degree official misconduct, a class A misdemeanor. The allegations in the indictment include that Horn ordered the destruction of e-mails after an inmate’s death in February with “the intent to impair the e-mails’ availability for use in the official proceeding.”

Dotson has been charged with two counts of tampering with physical evidence, a class D felony, and one count of official misconduct.

Horn has not returned messages. Dotson could not be reached.

Dotson’s attorney, Tucker Richardson, said the agreements, which were signed by Bourbon Circuit Judge Paul Isaacs, were made at the time of the indictments.

Richardson declined to comment further on the case.

Horn’s attorney, Burl McCoy, did not return multiple phone calls.

Bourbon County Judge-Executive Donnie Foley told the Herald-Leader Tuesday that Horn and Dotson had not been at work since they were indicted.

The Department of Corrections and a private jail consultant have been working with the jail since then. The Bourbon County Fiscal Court approved last Thursday temporarily hiring a part-time chief deputy jailer and an administrative clerk at the county jail.

Foley said both Horn and Dotson will continue to receive their paychecks.

Andrew Hartley, staff attorney for the state Department for Local Government, which advises local governments on issues including personnel, said an indictment does not automatically vacate an elected office. An elected official, such as a jailer, still has the right to serve the office until “removed from office by a court of law or until he resigns or otherwise incapacitated.”

Horn was elected as the jailer last November. He appointed Dotson to her post, so Foley said the county cannot suspend her.

“She is Tony’s employee, and he is still the jailer,” Foley said. He said Dotson has worked at the jail for about eight years.

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Officials silent on jail death

By Valarie Honeycutt Spears and Steve Lannen

vhoneycutt@herald-leader.com

Officials won’t say what happened at the Franklin County jail last month to cause the death of Ana Romero, a Salvadoran immigrant awaiting deportation.

Family members say that, shortly before her death Aug. 21, Romero was placed in isolation for refusing to eat. Mario Aguilar said Romero, his sister-in-law, had telephoned several times from the jail saying her stomach hurt and she was vomiting.

Matthew Pippin, a Louisville attorney representing the family of the 44-year-old woman, said an autopsy was performed more than 10 days ago, but a preliminary report has not been released.

“We are befuddled about not having preliminary autopsy results,” said Pippin, who added that he is “certainly concerned about the circumstances surrounding her death.”

The silence mirrors dozens of cases nationwide in which little information is released about deaths in jails and prisons among those awaiting deportation. Congress has recently demanded that more information be made public.

The New York Times recently reported that at least 71 people set for deportation died in custody from 2004 to May 2008. Advocates are now calling for improved health care and suicide prevention measures for the detainees.

Although the deaths of immigrants in custody has become a national issue, the topic hasn’t received much attention in Kentucky, said the Rev. Patrick Delahanty, interim director of the Catholic Conference of Kentucky.

“It’s probably something we should watch,” Delahanty said. “I hope someone does take an interest in it and begins to take a look at it.”

Romero, who worked in Shelbyville cleaning houses to support her elderly mother and her two sons who were attending college in El Salvador, had not been charged with any crimes other than those related to being an illegal immigrant, Pippin said.

On Oct. 13, 2005, immigration officials ordered Romero to leave the country within 90 days, according to federal court records.. She did not.

Pippin said Romero, who came to Kentucky from El Salvador three years ago, was arrested on Jan.14 by Kentucky State Police after giving federal immigration officials a false identification card. Mario Aguilar said officers were looking for another suspect when they knocked on Romero’s door.

As a result of the January charges, she spent five months in the Shelby County jail and was transferred to the Franklin County Regional Jail in May, where she stayed the last four months.

Romero entered a guilty plea that U.S. District Judge Danny C. Reeves signed Aug. 7. She was required to pay a $100 fine, but did not receive additional jail time.

Pippin said Franklin County Coroner Will Harrod told him that Romero was found Aug. 21 with a sheet around her neck.

Harrod did not return telephone calls Tuesday.

Pippin said he thinks officials are investigating the death as a suicide.

Franklin Chief Deputy Coroner Marchele Otten said Monday an autopsy was performed after the death, but her office had not received information from the state medical examiner’s office about a preliminary cause of death for Romero.

Franklin County Jailer Billy Roberts did not return several telephone calls Tuesday. But the The State Journal reported in an article last week that 911 was called around 11:15 p.m. Aug. 21 and Romero was taken by emergency medical personnel to the Frankfort Regional Medical Center, where she was pronounced dead just before midnight. Roberts told the paper that his staff tried to save Romero.

Aguilar, co-owner of Marimba’s Mexican restaurant in Shelbyville, said that on Aug. 18 Romero called him complaining of stomach pain and vomiting. A female jail employee got on the phone and asked Aguilar to encourage his sister-in-law to eat.

But Aguilar said Romero told him that the food smelled bad and there was something wrong with it.

He said she called back again on Aug. 19 and said she was still sick. Aguilar said Romero told him she was placed in a dark isolation room on Aug. 20 for not eating.

“She had lost 30 to 35 pounds in the Franklin County jail because she did not want to eat the food,” Aguilar said.

Pippin said Romero showed no signs of depression or being suicidal in the days leading up to her death.

She had family who loved her here and at home in El Salvador, he said.

Pippin said that Romero’s family thinks her religious convictions would have prevented her from committing suicide.

“She was a devout Catholic,” he said.

Pippin said a state police detective refused to talk to him about the case. State police officials could not immediately be reached for comment.

Romero’s son, Asdrubal Velasquez of El Salvador, said in an e-mail to the Herald-Leader that his mother’s death, “was somewhat shocking for me and my brother.”

“We miss her,” Velasquez said, adding that it was “unfair” for the government not to give him and his brother information about their mother’s death.

No officials have talked to Romero’s family who saw her in the days leading up to her death, Pippin said.

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