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Driver asks Kentucky court to suppress DUI evidence in fatal crash

| Dec 6, 2019 | Motor vehicle crash

About 15 months have passed since a car swerved about 100 miles west of Greenup County and slammed into a little boy standing with his brother and dad. Four-year-old Marco Shemwell was leaving a University of Kentucky football game with his family when a vehicle driven by then-18-year-old Jacob Heil abruptly changed course and struck him.

Heil, who failed a sobriety test after the deadly crash and admitted to having had a “few sips of beer” has asked a court to suppress evidence including his Breathalyzer test results.

According to a news report, the defendant also asked the court to suppress photos of the little boy’s shoes. The child was knocked right out of his footwear by the impact of the collision. A motion to keep images of the shoes out of Heil’s upcoming trial states that “the photos serve no purpose other than to garner emotional reactions from the jurors.”

Heil also wants potential jurors asked about how much exposure they have had to news stories about the crash. In addition, he wants jurors to visit the site to determine whether the little boy was standing next to or in the road.

After the fatal wreck, police said Heil had been arrested and charged with driving under the influence of alcohol, noting that his Breathalyzer test showed a blood-alcohol content of .051 percent. The reading is more than twice the allowable .02 percent blood-alcohol content for Kentucky drivers under age 21.

News reports stated that Heil told investigators he had two beers at 9:30 that morning and “a few sips” later. Officers said he smelled of alcohol and had bloodshot, watery eyes.

At the time of the crash, witnesses said Heil swerved for no apparent reason and struck the child standing beside the road.