Murray trial pushed back to fall

Commonwealth Journal (Somerset, KY)

April 05-- Apr. 5--The trial of a Lexington man accused of murder in a September 2017 fatal collision on Ky. 461 has now been set for October 14-16.

Larry Steven Murray, 41, was scheduled to stand trial April 22 but after conferring with defense attorney Kerri Hicks on Thursday regarding an ex-parte motion (not to be heard in open court), Pulaski Circuit Judge Jeffrey Burdette decided to push the trial back to this fall.

Without Hicks' input, Murray had filed motions seeking a continuance as well as complete discovery, access to law books, suppression of test results, bond reduction and removal of Hicks as his attorney.

Murray told Judge Burdette that he didn't feel like his attorney was communicating with him, and that he'd received new information regarding the accident reconstruction which would require him to get an expert witness such as a mechanic and research other cases similar to his.

Judge Burdette denied Murray's motions, noting that prosecutors had shared their evidence with Hicks so the discovery file was complete. Motions to suppress his blood test and to reduce bond had been dealt with previously. While noting the apparent conflict Murray had with his attorney, the judge continued that the defendant had failed to present good reasons why Hicks should be removed from the case though he could appoint a "shadow counsel" if necessary.

In addition to the new trial date, Judge Burdette scheduled a pretrial conference for July 18. Commonwealth's Attorney Eddy Montgomery noted that if a resolution had not been reached by then, he would be removing his offer of 12.5 years for pleading guilty to second-degree Manslaughter. The prosecutor noted that the amended charge is considered a non-violent offense, while Murray would be facing 20 to life if convicted of Murder -- a violent offense for which he'd have to serve 85% of any time given.

Murray has so far rejected the offer, against Hicks' advice. On Thursday, Judge Burdette also urged him to reconsider. "You have a good lawyer and a good prosecutor on this case," he said. "I don't want you to lose this offer and get lost in the weeds. There's a lot of years involved."

The defendant responded that he meant no disrespect to the court but that it was his life at stake.

Murray was indicted by the Pulaski County Grand Jury last 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.

He is accused of driving that day under the influence of methamphetamine.

At press time, Murray remained lodged in the Pulaski County Detention Center in lieu of a $300,000 cash bond.

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