July 26, 2012
HAZARD – A 21-year-old Perry County man charged with murder is scheduled to be back in court in two weeks when his attorney is expected to request that his case be dismissed.
Cory Carroll, of Busy, was indicted in May on charges of murder, assault, wanton endangerment and reckless driving stemming from a fatal crash in August 2011. That’s when authorities allege that he was under the influence when a pickup he was driving on Highway 15 near the Bonnyman community collided with another truck and killed 28-year-old Arizona Vires. The crash also seriously injured two others.
Carroll was not arrested or charged in relation to the incident until after May 12 when the grand jury in Perry County returned an indictment against him. He turned himself in to authorities, and on May 17 was placed on home incarceration.
Carroll made an appearance in Perry Circuit Court two weeks ago after defense attorney Kevin Johnson filed a motion requesting access to a urine sample taken from Carroll at the University of Kentucky Medical Center following the crash. At the time Johnson said he hoped to have the sample examined by an independent lab, but there was some question as to whether the sample still existed. Johnson noted that if the sample could not be found he would move to have the case dismissed, though he has not yet articulated in court a basis for a motion.
Johnson was prepared again on Thursday to make a verbal argument in favor of dismissing the case after Commonwealth’s Attorney Teresa Reed’s office confirmed that the urine sample is no longer in existence, as the hospital keeps samples for only two weeks before destroying them. Johnson requested to be heard on the matter of dismissing the case, but Reed requested that the matter be taken up at a later date until the investigating officer and the family of the victim can be subpoenaed to court and fully informed of the issues with the case.
Circuit Judge William Engle set another hearing for August 9, at which time Johnson is expected to argue his case.