Commonwealth Journal

Local News

September 29, 2012

Attorney is skeptical about McCoy’s indictment

Somerset —  

The attorney for a man suing Pulaski government for an alleged case of police brutality says he does not object to holding off on civil litigation pending criminal proceedings against his client.
But he also is skeptical about his client’s indictment.
Brandon J. Storm, the attorney for Kevin McCoy, said in a response filed in U.S. District Court last week that since a lengthy delay is not expected in the criminal proceedings, it’s OK to wait on the civil action.
McCoy was indicted on misdemeanor charges of reckless driving; driving on a suspended license; driving without a registration plate; and menacing, by intentionally placing another person in reasonable apprehension of imminent physical injury.
The indictment stems from an August 2011 arrest. McCoy later filed the lawsuit claiming that during the incident, he was roughed up by Pulaski County Sheriff’s Deputy Steve Molen.
In his response, Storm addressed McCoy’s indictment.
“Although the misdemeanor charges were just recently resurrected and initiated by the defendant, Steve Molen ... the court should note that the Pulaski County grand jury did not return an indictment against (McCoy) for fleeing or evading police, an allegation (Molen) had also previously levied against (McCoy),” Storm wrote.
Storm claimed that the indictment against his client stemmed from a conspiracy by members of Pulaski County government to “complicate an already complex litigation.”
“(McCoy) had been in pre-litigation discussions with the defendants’ claims adjuster prior to (Molen) resurrecting the dormant misdemeanor charges, which (McCoy) was under the impression were no longer pending as they had not been presented to the grand jury for months following (McCoy’s) preliminary hearing,” Storm wrote. “In fact, the defendants’ claims adjuster requested a settlement demand package be prepared and tendered in an effort to resolve this claim without the necessity of litigation. A demand packet was sent certified mail, return receipt, to the defendants’ claim adjuster on July 13, 2012, and was signed for by the defendant’s claim adjuster on July 17, 2012. Yet (Molen) deliberately elected to present (McCoy) to the grand jury after pre-litigation discussions were already taking place and after the defendants received (McCoy’s) demand packet; further evidence that all of the named defendants have engaged in much more than mere knowledge.

Text Only
Local News
  • Consumer Price Index_Neal.jpg FTC probing state gas prices

    The Federal Trade Commission (FTC) in cooperation with U.S. Attorney General Eric Holder, has agreed to review allegations of possible gas-price gouging in Kentucky. Such a review would be welcomed in Pulaski County where complaints about high gas prices have been rampant for years.

    April 22, 2014 1 Photo

  • First reading of 2014-15 budget is approved

    Pulaski Fiscal Court yesterday passed the first reading of the proposed $29.87 million 2014-15 budget.

    April 22, 2014

  • New Carrie Wiese 1.jpg City: There’s no ‘status quo’ on payroll tax

    Despite what Pulaski County’s state senator termed a “freeze” on cities taking a share of the county’s occupational tax, the City of Somerset plans on keeping its options open.

    April 22, 2014 1 Photo

  • Hospice Conf pic last year.png Hospice of Lake Cumberland hosting Caregiver Conference

    Caring for loved ones who can’t take care of themselves can be a very difficult task. Every little bit of knowledge, support, and encouragement helps.
    To that end, Hospice of Lake Cumberland is looking to provide a helping hand with their third-annual Caregiver Conference this weekend.

    April 22, 2014 1 Photo

  • Camp liberty 3.jpg ‘Camp Liberty!’ 2014 promises to be 'best one yet'

    The Liberty Nature Center, formerly the Southwestern High School Raptor Rehabilitation Center, may have some new digs, but the opportunities for young kids to get up close and personal to nature still abound.

    April 21, 2014 1 Photo

  • MUG Kyle Perry.jpg Local man charged with abuse of minor under the age of 12

    A northern Pulaski County man was indicted this month for child abuse.

    April 21, 2014 1 Photo

  • carrie dixon-wiese.jpg Local housing facility subject of $349,000 lawsuit

    A local housing facility is the subject of a lawsuit in U.S. Eastern District Court, with several major entities named as defendants — though the Somerset city attorney notes that’s actually more for their protection.
    The defendants listed included the City of Somerset, Somerset Independent Board of Education, and Pulaski County government, as well as the company Somerset East Mt. Vernon Associates, Ltd.

    April 19, 2014 1 Photo

  • Brenzel and LCRH sign cmyk.jpg Brenzel steps down as LCRH CEO

    Lake Cumberland Regional Hospital (LCRH) has announced that CEO Mark Brenzel has decided to step down from the top leadership position.

    April 19, 2014 1 Photo

  • recycling.ht.jpg Science Hill elementary students promote recycling

    For one group of Science Hill Independent students, taking out the trash isn’t something they avoid.

    April 19, 2014 1 Photo

  • Last rescue adopted pic.jpg Last of dogs rescued from Nancy kennel is adopted

    The last of 27 dogs housed at a Louisville animal rescue center after they were taken from a western Pulaski County puppy mill in a January raid has found a permanent home.

    April 19, 2014 1 Photo

News Live
AP Video
Raw: Deadly Bombing in Egypt Raw: What's Inside a Commercial Jet Wheel Well Raw: Obama Arrives in Japan for State Visit Raw: Anti-Obama Activists Fight Manila Police Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' Obama to Oso: We'll Be Here As Long As It Takes Bon Jovi Helps Open Low-income Housing in Philly Pipeline Opponents Protest on National Mall Hagel Gets Preview of New High-tech Projects S.C. Man Apologizes for Naked Walk in Wal-Mart New Country Music Hall of Fame Inductees Named 'Piles' of Bodies in South Sudan Slaughter SCOTUS Hears Tv-over-Internet Case Chief Mate: Crew Told to Escape After Passengers Iowa College Finds Beauty in Bulldogs
Facebook
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Stocks