Lexington-Fayette, Kentucky 2021-10-13 23:08:42 –
Lexington, Kentucky (LEX 18) — More than three years after the death of four-year-old Marco Shemwell, the jury is set to determine the fate of a man who says the prosecutor is responsible.
Emotional testimony was given at Jacob Heil’s trial on Wednesday.
Marco Shemwell’s parents, who were charged with reckless murder and drunk driving when 21-year-old Heil sat in court, told the moment when their world changed forever.
“In my opinion, he died,” said Ben Shemwell. “And I remember glancing at it. I started praying because there really wasn’t anyone to help me.”
“What I remember most is that I heard Ben’s voice just swaying. Like me, he was crying now,” said Liz Shemwell. “And he just said,’Babe, we’re in trouble. We need to pray.'”
Heil was 18 at the time, and prosecutors said his blood alcohol levels were above legal limits when he was driving a car that collided with Marco.
The jury can weigh the testimony against the September day video. This includes police interviews with Hail and outdoor drinking tests where Hail appears to be suffering from the alphabet.
The defense claims that Hail was intact and his car never went to the grass.
“Marco Shemwell did what the little boy could and could do. He ran on the road. He set foot on the road. It was a crime that didn’t happen. It was an accident,” Hail’s defendant said. Attorney Christopher Spading said.