LEXINGTON, Ky. (WKYT) – On Tuesday we heard moving testimony from Ben Shemwell as he recalled the day his son, Marco, 4, was hit by a car and later died.
“It was very chaotic. I was beside myself. I was the most helpless I have ever been. I didn’t really know what to do, ”said Ben.
Jacob Heil is on trial for allegedly getting behind the wheel while under the influence and hitting Marco as he and his family were walking along Cooper Drive.
“We had a silver sedan approaching us, which for me was about halfway down the street, coming towards us and clearly not trying to stay on the street. So we had very little time to get out of the way, ”said Ben.
Chase Dawson said he was in the car with Heil. He told the court he didn’t see the crash, he just heard it, as he was sitting in the back on his phone. When asked if he knew Heil had hit something, Dawson said yes, but he didn’t know what.
But what Dawson said in court does not match what he said at the scene on September 15, 2018. Police body camera video shows Dawson describing what happened.
“Do you remember telling the officer when he questioned you that day that you saw the child, the father and the little child start to come out and the child has just been beaten?” Do you remember saying that? asked the defense.
“No I don’t. What I remember is I thought he asked me what happened, and I told him what happened, not what I had. I think that’s where I was confused, ”Dawson replied.
The defense then asked, “Do you remember you didn’t know how far he was down the road, but you saw his father trying to hold him back?”
“I don’t remember,” Dawson replied.
On Wednesday, the jury will go to the scene of the accident on Cooper Drive. The pleadings are expected to be delivered on Thursday.
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