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UPDATE: Evidence hearing delayed in crash that killed boy, 4

Posted at 12:22 PM, Dec 05, 2019

LEXINGTON, Ky. (LEX 18) — A hearing to consider evidence in the coming trial of man accused in a crash that killed a 4-year-old boy near Kroger Field has been delayed.

The hearing to consider motions aimed at surpressing evidence was set for Friday morning but was rescheduled Jan. 15.

The crash occurred in 2018 during a Kentucky home game.

According to court documents, attorney Christopher A. Spedding asked the court to exclude the results of Jacob Heil's breathalyzer test. Heil admitted to police that he had a "few sips of beer" when he swerved and struck 4-year-old Marco Shemwell who was leaving the football game with his parents.

The attorney also asked the judge to suppress photos of Shemwell's shoes which were knocked off the boy after he was struck.

"The photos serve no purpose other than to garner emotional reactions from the jurors as the victim's shoes are completely irrelevant to the charge of the instant matter," reads the motion.

Heil's attorney also wants to question jurors about how much pre-trial publicity they have been exposed to by local media. Spedding also requested that jurors have access to the crash site to weigh several factors, including whether or not Shemwell was in the roadway or standing beside it.

Heil is facing charges of reckless homicide and operating a motor vehicle under the influence.