The murder trial that was to begin Monday, Feb. 25 for Timothy Claytor of Lewisburg, was rescheduled to April 30, due to a recent decision by the Kentucky Court of Appeals to hear Claytor’s case, and to decide if he should be immune from prosecution due to self-defense.
Claytor’s attorney Stewart Wheeler entered a motion to dismiss the case due to self-defense last month. However his motion was denied at the local level by Circuit Judge Tyler Gill. Wheeler said due to a recent case heard by the Court of Appeals on Friday, Feb 15- Farmer vs. Commonwealth- it states that if a circuit court does deny a motion such as this, the defendant has a right to appeal and have their case heard in front of the Court of Appeals to decide if they are immune from prosecution due to self-defense.
“I think Judge Gill is a very learned and exceptional trial judge and I know he decided this was the way he thought it should be, but I am hopeful the Court of Appeals will overturn his decision, but one never knows,” said Wheeler. “The Court of Appeals does have the power to say Tim is immune from prosecution.”
Wheeler says he is hopeful this case will be heard in six to eight weeks, but admits he is not sure. Wheeler added there has only been two or three cases similar that have gone before the Court of Appeals and no one really can predict how long it will take.
“This is another opportunity Tim would have in his case and I am hopeful he will be found immune from prosecution due to self-defense,” said Wheeler.
Claytor is being charged with murdering 46-year-old Dale Holloway of Russellville the end of last year.
The Logan County Sheriff’s Department was called to Claytor’s home on T. McReynolds Road at approximately 10:22 p.m. Thursday, Aug. 30, 2012, in response to a disturbance involving a weapon. Upon arrival, officers 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, says police, that some type of argument took place between Holloway and Claytor that resulted in the death of Holloway.
The sheriff’s department said the incident was all caught on video tape. They say Claytor had set up a video surveillance system at his residence after having some trouble with theft in the past. The camera system, which has no audio, caught the entire altercation on tape. Claytor claims he shot Holloway in self-defense.