Suspect in crash that killed 4-year-old in 2018 appears in court

Posted at 5:31 PM, Jan 23, 2020
and last updated 2020-01-24 05:41:13-05

LEXINGTON, Ky. (LEX 18) — The suspect in a deadly crash that killed 4-year-old, Marco Shemwell, was in court Thursday.

Jacob Heil is being charged with reckless homicide and DUI. Police say Heil's breathalyzer results were over the legal limit when the car he was driving hit Shemwell outside a UK football game back in September of 2018.

During the pretrial, both sides agreed to exclude Heil's preliminary breathalyzer results from April's trial.

Come April both sides seem to be preparing for a lengthy trial. It was agreed upon today to move the pretrial date ahead of schedule and begin jury selection on April 2. The trial was originally scheduled to begin on April 6.

Other motions granted include allowing the jurors to visit the scene of the incident as part of the trial.

Photos of Marco's shoes will be allowed in court, but only to answer the question of how visible the shoes were, not for an emotional impact on the jury.

Photos of the victim after his death will be allowed in court as long as both sides are given 30 days' notice as to what photos are to be used.

The judge is allowing 100 jurors instead of the usual 70, because of the high profile of this case.