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Ky Supreme Court rules no immunity from prosecution

Last updated: April 07. 2014 12:19PM - 1420 Views
By - ccooper@newsdemocratleader.com



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Timothy Claytor is heading to trial May 19 for the shooting and killing of Dale Holloway on Aug. 30, 2012. The 19 month case has been on standstill awaiting a decision by the Kentucky Supreme Court to see if the state’s appellate court has an obligation to hear cases such as Claytor’s to determine if they are immune from prosecution due to claims of self-defense.


The Supremem Court ruled Feb. 20th quite the contrary and stated that defendants are not entitled to take an immediate interlocutory appeal, meaning they don’t have the right to have the Court of Appeals review the circuit court ruling denial of immunity for prosecution before a trial.


Two days before Claytor was to stand trial for the murder of Holloway in a Logan County courtroom, a case that came before the appellate court (Commonwealth vs. Farmer) set precedent that all cases where the defendant claims self-defence have the right to be heard before the appellate court to determine if they are immune from prosecution. Because of the Farmer case, Claytor’s attorney Stewart Wheeler, along with other attorneys with similar cases in the state claiming self-defense, took the opportunity to bring their cases before the appellate court, however, they never made it to the front steps before the Attorney General’s Office charged the state’s Supreme Court with delving into the statutes that supported the appellate courts decision.


The Claytor case already came before Logan’s Circuit Judge Tyler Gill who ruled Claytor was not immune from being prosecuted, however, cases such as these, claiming self-defence, would have had another chance at a higher court before even going to trial if the Supreme Court had upheld the precedent.


“I’m pleased with the ruling of the Kentucky Supreme Court because it allows us to finally proceed to trial with this case,” said Commonwealth Attorney Gail Guiling. “I’m also pleased because it’s going to help in future cases similar to this one in the sense that there won’t be this type of lengthy delay in getting them to trial, which is something I as a prosecutor was very concerned about.”


According to the Logan County Sheriff’s Department Holloway was shot at Claytor’s home on T. McReynolds Road in the evening of Aug. 30, 2012. When deputies arrived at the residence they discovered Holloway unresponsive in the front yard with multiple gunshot wounds. According to the sheriff’s office, it appears that Holloway came to the home of Claytor looking for Lori White, a female associate of Holloway. It appears, said police, that some type of argument took place between Holloway and Claytor that resulted in the death of Holloway. The incident was caught on a surveillance camera Claytor had installed at his home. The camera system, which has no audio, caught the entire altercation on tape. Claytor claims he shot Holloway in self-defense.


The trial will begin at 9:30 a.m. in the courtroom of Circuit Judge Tyler Gill.


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