The Marshall County grand jury set to convene in December will review new evidence in the accidental shooting case, Commonwealth's Attorney Dennis Foust told Marshall Circuit Judge Jamie Jameson when he requested one more continuance in the case.
"We're not dismissing, we're just asking them to consider the new evidence that has come to our attention," Foust said.
Ballistics evidence was mentioned briefly during the minute-long status hearing, which was the reason for the continuance during the Aug. status hearing, pushing the case into last week. Don Thomas, Kelly Allen's attorney, told Jameson during the August hearing they had received the ballistics from the Kentucky State Police lab and wanted time for experts to review the data.
Allen, 30, of Sharpe, is charged in the death of 38-year-old Jeremy Scott, who was allegedly in the process of stealing anhydrous ammonia from Allen's property on May 31, 2018, when Allen claims he accidentally shot him.
Allen was indicted by a Marshall County grand jury in Sept. 2018 for reckless homicide. The charge stems from an early morning incident. Allen, who lives on Scale Road, allegedly fired two rounds from a revolver into the air -- one of which hit Scott and killed him.
Circumstances leading up to the shooting, according to court documents, began May 30 when Allen reported to authorities Scott had stolen anhydrous ammonia from a tank on his property. About 3:40 a.m. the next 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.