Detective testifies about conflicting accounts in Lexington shooting case

LEXINGTON, Ky. (LEX NEWS) — New testimony is shedding light on the investigation into an October shooting that left a Lexington woman with a life-threatening gunshot wound to the head.

James Huff, 41, is charged with first-degree assault involving domestic violence, tampering with physical evidence and possession of a handgun by a convicted felon. Court records previously showed Huff pleaded not guilty and was being held on a $100,000 bond. Court records reveal new details in Lexington shooting

During a court hearing, Lexington Police Detective Trent Herbert testified about what investigators say happened inside a home on Pimlico Parkway on Oct. 23.

Herbert said officers were dispatched to the home after a neighbor reported that a woman said her husband had shot her in the head.

Herbert testified that he went to the hospital, where he learned the woman had suffered an apparent gunshot wound to the left side of her head and a brain bleed. According to Herbert, a doctor described the injury as life-threatening.

The detective said the woman told him she and Huff were alone when an argument escalated. She told investigators she was trying to get away from Huff and was heading toward the stairs when she heard a loud bang and felt as though something hard had struck her head.

Herbert testified that the woman fell to the ground, grabbed her head and saw blood on her hands. According to Herbert, she also recalled hearing Huff repeatedly say, "I'm sorry."

Police later located Huff in Nicholasville after he left the scene, Herbert testified.

Detective says Huff gave police a different account

According to Herbert, Huff told investigators that the woman grabbed a firearm from a bag and put it to her head. Huff allegedly said he grabbed the gun and it went off.

Herbert testified that investigators questioned that account because Huff demonstrated the gun being held to the right side of the woman's head, while investigators observed a wound on the left side of her head.

The detective also testified that investigators recovered a shell casing from the stairwell and found evidence that a bullet had struck a wall near the stairs.

Police recovered a .40-caliber round from Huff's vehicle, according to Herbert. He testified that Huff denied possessing a firearm or knowing the woman had one.

Defense questions police investigation

During cross-examination, Huff's attorney pressed Herbert about the investigation and evidence collected after the shooting.

Herbert acknowledged that he did not personally process the shooting scene. He said other detectives and officers handled that part of the investigation while he went to the hospital.

The defense also asked why investigators did not perform a gunshot residue test on the woman after Huff claimed she had been holding the gun when it fired.

"I just didn't think about it," Herbert responded.

Herbert testified that investigators did perform a gunshot residue test on Huff, but the results had not yet been returned at the time of the hearing.

The detective also testified that the woman denied having a gun and told investigators she was not suicidal.

Tampering charge

Herbert testified that Huff told police he left the scene because the woman told him he could get in trouble because he was a convicted felon.

According to the detective, Huff also admitted removing narcotics from the home before driving to Nicholasville and throwing them into a creek because he did not want to be caught with them.

Herbert said Lexington police and Nicholasville police searched for the items but were unable to locate them. Investigators cited Huff's statements as the basis for the tampering with physical evidence charge.

Previous court records also show police reported finding 13.3 grams of marijuana in Huff's vehicle after obtaining a search warrant. Huff was subsequently charged with marijuana possession.

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