Defense seeking to throw out blood test in fatal wreck case

Dec. 07--A murder case involving a September 2017 fatal collision on Ky. 461 may not move to trial if the defense can successfully suppress the results of the accused's blood test.

Larry Steven Murray, 40, was indicted by the Pulaski County Grand Jury in May on charges of Murder, two counts of first-degree Wanton Endangerment, second-degree Assault, Operating a Motor Vehicle while Under the Influence of Alcohol or Drugs (First Offense), Operating a Motor Vehicle on a Suspended or Revoked Operators License, Failure of Non-Owner to Maintain Insurance (Second Offense), and second-degree Persistent Felony Offender.

The charges stem from a three-vehicle wreck that occurred the morning of September 22, 2017, on Ky. 461 about two miles north of its intersection with Ky. 80.

The Pulaski County Sheriff's Office reported at the time that a preliminary investigation by Lieutenant Jon Williams determined that Murray was operating a 2006 Ford pickup southbound on Ky. 461 when the pickup drifted over the center line and sideswiped a northbound 2016 tanker truck carrying petroleum products. The tanker was driven by Anthony Orr, 41, of Monticello, who was not reported as being injured. The pickup truck then continued southbound until it struck a northbound 2012 Kia head on. The driver of that vehicle, 80-year-old Leonard "Wilford" Purcell of Somerset, was pronounced dead at the scene by Pulaski County Coroner Clyde Strunk.

Murray and his passenger, Shawn Conk of Lexington, were both treated at the scene by Somerset-Pulaski County EMS before being airlifted by Air Methods to the University of Kentucky Medical Center. They were discharged later that day, but not before Murray's blood was drawn for testing.

Murray's attorney, Kerri Hicks, filed the motion to suppress or exclude the results on October 17. An initial hearing had to be postponed after Lt. Williams was injured in the line of duty and could not appear to testify.

Though the local lieutenant has since returned to work, Commonwealth's Attorney Eddy Montgomery advised Pulaski Circuit Judge Jeffrey Burdette during a hearing Thursday morning that Murray's consent form has been lost -- necessitating subpoenas for the University of Kentucky personnel who would have drawn the sample. The prosecutor asked for more time to identify those persons.

Hicks objected to further delay, and Judge Burdette asked Montgomery if the case could proceed to trial without the test results. The prosecutor said it could but it would be difficult. The judge granted a continuance given the severity of the charges. He ordered Montgomery to contact his potential witnesses for a January 3 hearing but agreed to reschedule if that date proved unsuitable.

Murray had been transported to the Pulaski County Detention Center for Thursday's scheduled hearing, though he is normally lodged in Fayette County in lieu of a $300,000 cash bond. His trial is currently scheduled to begin on March 4.

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