Commonwealth Journal

August 15, 2013

Weekend shooting incident probed

By CHRIS HARRIS
Commonwealth Journal

Somerset — The Pulaski County Sheriff’s Department is continuing to investigate a shooting incident this past weekend on Ky. 70 that left one man injured.

According to information provided Wednesday evening by the sheriff’s department, units responded Sunday morning at 12:06 a.m. to 3950 East Ky. 70 in northern Pulaski County.

At the scene, deputies spoke to Brandy Troxtle, 26, of Ky. 196, Nancy, had pulled her 2001 Nissan into the driveway of the residence at the above address.

Troxtle told investigators that she had gotten car sick and need to pull off the roadway to recover. After pulling into the driveway, the homeowner’s dogs began barking and alerted the homeowners that someone was present.

The homeowners — identified as David and Nancy Kilby — came outside to see what was happening, according to the sheriff’s department.

At this point, investigators received differing accounts as to what occurred. Troxtle told investigators that her boyfriend, Christopher Foster, of Ky. 196, Nancy, was bitten by one of the dogs. When the owners came outside, he allegedly walked up to the residence to explain to them why he and Troxtle had pulled into the driveway and that he had been bitten by one of the dogs.

According to Troxtle, while Foster was speaking with them, she heard arguing and then heard gunshots. Foster then returned to the car and told her that he had been shot.

The Kilbys told investigators that they had observed Foster entering or attempting to enter one of their semi trucks parked on the property and believed that he was attempting to commit a theft.

When they confronted him, Foster allegedly became physical and said that he was going to kill their dog. Mr. Kilby allegedly fired a warning shot into the ground in an attempt to stop Foster’s aggressiveness, but Foster told them that he wasn’t afraid of their guns, and at some point pushed Mr. Kilby to the ground, according to the homeowner’s account. At that point, Mrs. Kilby allegedly fired a handgun at Foster, and after getting back up, Mr. Kilby allegedly fired his handgun at Foster.

It has not been determined at this point in the investigation which shots struck Foster.

Foster was treated at the scene by EMS responders and was later flown to the University of Kentucky Medical Center in Lexington. He was treated for non-life threatening injuries and has since been released.

Troxtle and her two small children that were also in the vehicle, ages 4 and 6, were not inured in the incident.

At this point, according to the sheriff’s department, no charges have been filed in the case.

The circumstances surrounding the shooting remain under investigation by the sheriff’s Criminal Investigation Division.