The man accused of shooting and killing an alleged thief on his Scale Road property will face a Marshall County jury in August, more than two years after the incident. The decision was made after a December grand jury reviewed new evidence and again indicted 30-year-old Kelly Allen for reckless homicide.
Allen's attorney, Don Thomas, entered a plea of not guilty on behalf of his client during the arraignment on the new charge in Marshall Circuit Court on Jan. 16 and asked for a trial by jury.
The trial is scheduled for Aug. 26-28.
Commonwealth's Attorney Dennis Foust told Marshall Circuit Judge Jamie Jameson prosecution would dismiss the original charge in light of the newer charge, which was the result of a more complete evidentiary base presented to the December 2019 grand jury. The case was sent back to the grand jury after receiving long-awaited ballistics test results from the Kentucky State Police lab.
Allen is charged with one count of reckless homicide, a Class D felony, for allegedly firing two rounds from a revolver into the air on May 31, 2018, which resulted in the death of 38-year-old Jeremy Scott.
Circumstances leading up to the shooting, according to court documents, began on May 30, 2018 when Allen reported to authorities Scott had stolen anhydrous ammonia from a tank on his property. About 3:40 a.m. the following day, Allen reportedly heard an all-terrain vehicle (ATV) near the same tank, grabbed his .38 revolver and went outside.
Police reports indicate Allen believed he shot above Scott's head as Scott was headed toward the road on his ATV but after firing the two rounds, saw Scott stop at the end of his driveway. When he approached the vehicle, he discovered one of the rounds had hit Scott in the left side. The report said he told his wife to call 911 but when emergency personnel arrived, Scott was dead.
In the report, Detective Jeff Daniel with the Marshall County Sheriff's Office noted Scott was stealing anhydrous ammonia. He also noted Allen said he never intended to hit Scott with the rounds he fired.
Allen is scheduled to appear in Marshall Circuit Court for a final pretrial conference on Aug. 11.