LEXINGTON, Ky. (LEX 18) — Jurors have reached a unanimous final verdict in the trial of Jacob Heil. Heil was found not guilty on the reckless homicide charge and guilty on the DUI charge.
BREAKING: Heil found NOT GUILTY on the reckless homicide charge. GUILTY on DUI charge. @LEX18News
— Mike Valente (@ValenteLEX18) October 14, 2021
"This is not something where there are any winners in this case," said Chris Spedding, Heil's defense attorney. "We're very glad that the jury saw it for what it was, an accident. And that's all the comments that we'll have"
Because Heil was found guilty of the DUI his fine is set at $500.
Court is adjourned. Again, Jacob Heil is found guilty of DUI under 21. Sentence set at $500 fine. He was found not guilty of reckless homicide in the death of 4-year-old Marco Shemwell. That sentence would have carried 1-5 years in prison. @LEX18News
— Mike Valente (@ValenteLEX18) October 15, 2021
"We respect the jurors' verdict in this case," said Commonwealth's Attorney Lou Anna Red Corn. "It was four days....they deliberated a long time, but I have to say we respectfully disagree with the jury's verdict"
Closing arguments in the trial for a former UK student charged in the death of a 4-year-old child killed in a DUI crash took place Thursday.
"Jacob Heil today got a tremendous gift from this jury," said Red Corn. "And I pray that he uses it wisely"
The now, 21-year-old Heil was charged with reckless homicide and DUI. Heil was accused of killing 4-year-old Marco Shemwell.
Jurors all present as closing arguments begin in the reckless homicide trial of former UK student, Jacob Heil. Judge currently giving instructions for the closings and deliberations. @LEX18News— Michael Berk (@LEX18_Michael) October 14, 2021
The trial began Monday with opening statements and testimony. Day two of testimony followed on Tuesday. On Wednesday, Marco Shemwell's parents recounted the moments their world changed forever.
Heil was 18-years-old at the time, and according to prosecutors, had a blood-alcohol level above the legal limit when he was driving the car that hit Marco.
Heil defense closing argument: was he implied enough that impairment caused the accident. Recites BAL numbers insisting they were very low. Says Heil is guilty of being a minor with alcohol in his system. @LEX18News— Michael Berk (@LEX18_Michael) October 14, 2021
Jurors weighed that testimony against video from that September day, which includes a police interview with Heil as well as a field sobriety test, during which Heil appears to struggle with the alphabet.
Defense for Heil: three accident scene witnesses testified. All 3 said Heil didn’t seem intoxicated / smell of alcohol. @LEX18News— Michael Berk (@LEX18_Michael) October 14, 2021
The defense has argued Heil was not impaired and that his car never veered into the grass.
Defense for Heil: Not being perfectly centered while driving in a lane isn’t a law. And does not equal reckless homicide if you accidentally hit a pedestrian. @LEX18News— Michael Berk (@LEX18_Michael) October 14, 2021