UPDATE: Dec. 19 at 3 p.m.
Following the news that a Kentucky Court of Appeals reinstated murder charges against Cornell Denmark Thomas II, the court criticized the Fayette County judge who dismissed the indictment in the fatal crash that killed Tammy Botkin, according to the office of Attorney General Russell Coleman.
The 108-page Court of Appeals decision, written by a Lexington judge, stated the circuit court judge's dismissal was "fraught with legal errors and abuses of both its discretion and its authority," Coleman's office reported.
The ruling also recommended the circuit judge's "recusal appears the only reasonable and appropriate solution" going forward.
In 2024, the Fayette Circuit Court judge had dismissed the wanton murder indictment against Thomas, citing lack of evidence and claiming the defendant had been unfairly prosecuted. Attorney General Russell Coleman's office, working with Fayette County Commonwealth's Attorney Kimberly Baird, appealed the decision.
"In our legal system, it's up to a jury to decide guilt. In a major victory for the rule of law, the Court of Appeals forcefully identified the problems in the Fayette Circuit courtroom that denied the Botkin family the justice they deserve," Coleman said.
Baird said she was "shocked when the judge accused my office, and me specifically, of a racially motivated prosecution."
"I swore an oath to uphold the law, and to treat every individual fairly and with respect. That's exactly what I do every day," Baird said. "My team and I look forward to prosecuting this case as quickly as possible in front of an impartial judge and delivering long-awaited justice."
Original Story:
A Kentucky Court of Appeals has reinstated murder charges against Cornell Denmark Thomas II, who was accused of killing a woman in a high-speed crash in Lexington in 2020.
According to a court document, the court ruled Thursday that the Fayette Circuit Court made multiple legal errors when it dismissed the indictment against Thomas on three grounds: "lack of evidence, prosecutorial misconduct, and selective prosecution."
The document reads that in July 2020, Thomas drove his car into a Leestown Road intersection at 96 miles per hour, ran a red light, and struck Tammy Botkin's vehicle as she crossed the intersection at 14 miles per hour. As a result, Botkin suffered severe injuries and died at the scene. Thomas fled the scene on foot and was found blocks away acting erratically, according to the document.
A blood test, according to the document, detected 5 nanograms of marijuana's active ingredient THC per milliliter of Thomas' blood serum. Eight months later, a grand jury indicted Thomas on charges of wanton murder and leaving the scene of an accident involving a death.
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Man accused of causing fatal crash facing murder charge
The document states that 23 months after his indictment, Thomas gave notice that he intended to introduce mental health evidence. A court-ordered psychological examination by Dr. Timothy Allen concluded Thomas likely experienced "Substance-Induced Psychosis, in Remission" at the time of the crash.
According to the document, based on Dr. Allen's report, Thomas moved to dismiss the indictment, arguing the Commonwealth could not prove he was legally sane when the crash occurred. The trial court agreed and dismissed the charges.
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The document states that without prompting from either party, the judge also found grounds for dismissal based on prosecutorial misconduct and selective prosecution, citing concerns about the prosecutor's conduct before the grand jury and alleging racial bias in charging decisions.
The Court of Appeals found the trial court committed numerous legal errors:
- On Lack of Evidence/Sanity: The court stated: "Whether a defendant was sane at the time of the offense is a question of fact for the jury to decide," and "the burden of proving insanity rests upon the defendant."
- On Prosecutorial Misconduct: The court wrote: "A court may not look behind a facially valid indictment to examine the sufficiency of the evidence presented to the grand jury," and cited that "Kentucky has long prohibited trial courts from reviewing the sufficiency of evidence presented to grand juries."
- On Selective Prosecution: The court noted the trial court "failed to apply the proper legal standard for selective prosecution" and criticized the judge for relying on "his own observations and research rather than evidence presented by the parties."
The appeals court, according to the document, was particularly critical of the trial judge's approach, stating the court "commandeered the intentional system of justice our federal and state constitutions designed" by taking over roles meant for grand juries and trial juries.
The court noted the trial judge conducted what amounted to "judicial ambush" by pursuing issues neither party raised and using extrajudicial evidence to support the dismissal.
The Court of Appeals vacated the dismissal order, reinstated the indictment against Thomas, and remanded the case back to Fayette Circuit Court for further proceedings. The case can now proceed to trial, where a jury will determine Thomas' guilt or innocence and weigh any mental health defenses.
According to the document, the ruling reinforces the separation of powers in Kentucky's criminal justice system and the respective roles of grand juries, trial juries, and judges in criminal proceedings.
LEX 18 reached out to Judge Julie Muth Goodman on Friday for her response to the Appeals Court opinion. An employee in Judge Goodman's office told LEX 18, "It is not appropriate or ethical for her to comment on her cases."
