hazard-herald.com

Judge awaiting new prosecutor to assign court date for murder defendant

Cris RitchieEditor

December 20, 2012

HAZARD – The case of Hazard man charged with murder in a 2011 shooting death remains ongoing this week, though a trial date will not be announced until a new prosecutor can be assigned.


Timothy Ryan Sizemore, 28, is accused of shooting 31-year-old Samuel Louive multiple times during an incident in the Combs community on Nov. 5, 2011 that left Louive dead. Sizemore was arrested later that day and in January the grand jury returned an indictment charging him with one count of murder and two counts of first-degree wanton endangerment.


Perry County Commonwealth’s Attorney Teresa Reed withdrew from the case once the indictment was returned, and Henry Johnson, the commonwealth’s attorney in Harlan County, was assigned as the special prosecutor.


Sizemore entered his initial not guilty plea during arraignment in January, and his attorney, Gerald Teaster, subsequently requested Louive’s medical and psychiatric records from the ARH psychiatric center and Kentucky River Community Care in Perry County.


Johnson noted on Thursday that he recently received those documents, but since he will be leaving office next month, a date for a pretrial conference or jury trial has not yet been set and the case will not progress any further until a new prosecutor is assigned.


“We had been waiting for some medical records and so forth before doing that, however, my term is up Jan. 6, so I will not be the one trying the case or handling the case,” Johnson said.


The Kentucky Attorney General’s Office will assign a new prosecutor, Johnson added, before any new dates in the case will be announced.


A special judge has also been assigned after Perry Circuit Judge William Engle recused himself in January. Judge John David Caudill of Floyd County will preside over the case.


Meanwhile, Sizemore remains in custody at the Kentucky River Regional Jail in Hazard on a $500,000 bond.