HAZARD – A 21-year-old man charged with murder in a fatal 2011 crash received a trial date on Thursday and was scheduled to be released from jail on home incarceration as part of a reduced bond.
Cory Carroll, of Busy, was indicted by the Perry County Grand Jury on May 12 on allegations that he was under the influence of an “intoxicating substance” on August 22, 2011, when his pickup collided with another truck head on, injuring himself and two others and killing 28-year-old Arizona Vires, of Krypton.
Carroll, who had not been charged prior to this month’s indictment, turned himself in to authorities this week, and made his initial court appearance on Thursday. Defense attorney Kevin Johnson entered a not guilty plea on Carroll’s behalf to charges of murder, first-degree assault, first-degree wanton endangerment and reckless driving. Carroll is set to go to trial on November 5.
Johnson also argued a motion for a reduction of Carroll’s bond, which had been set at $500,000. Johnson noted that other than some minor traffic violations, Carroll has no prior criminal history. He added that the evidence used to levy the charges against his client will not be sufficient for a conviction if the case goes to trial.
“I’ve had a chance to examine the evidence,” Johnson said. “I believe once all the evidence is called, that he will be acquitted on all these charges. This is nothing more than a tragic accident. There is no evidence to prove these charges.”
Assistant Commonwealth’s Attorney Charles Allen did not object to what he termed a “reasonable reduction in bond,” and said the lengthy time between the incident and the issuance of the indictment seemed to be analogous to another murder case in which the defendant was eventually released on bond with home incarceration as she awaits trial.
Circuit Judge Bill Engle questioned why it took so long for charges to be filed in Carroll’s case, to which Allen replied that it seemed to be a delay on the part of the accident reconstructionist.
Engle briefly considered the motion before amending Carroll’s bond to a surety with several conditions attached, including home incarceration, and he will be required to comply with a monitored conditional release program.
Carroll is due back in court for a status conference on October 4.