A trial began Monday for a former University of Kentucky student charged in the death of a 4-year-old child in a DUI crash.
The child, Marco Shemwell, was crossing a street outside a Kentucky football game in Lexington when he was struck and killed.
The reckless homicide trial for Jacob Heil, 21, began Monday in Fayette County Circuit Court, the Lexington Herald-Leader reported. Heil was also charged with driving under the influence for the 2018 crash.
The child’s mother, Liz Shemwell, testified that her husband took their sons to the football game that day.
“They were excited to just have a daddy-sons day at the football field,” Shemwell said. “Marco especially. He loved football.”
Heil, who was 18 at the time of the crash, had a blood-alcohol level of 0.051, according to court records. The legal limit for those under 21 is .02.
Fayette County Commonwealth’s Attorney Lou Anna Red Corn said Monday that at his level of intoxication, Heil wouldn’t have been able to drive a car responsibly.
Heil’s attorney, Christopher Spedding, argued that Heil didn’t show signs of impairment, such as slurred speech. Spedding also said videos of officers performing field sobriety tests on Heil would indicate he wasn’t impaired.
Heil told police he drank two beers and had just left tailgating when the crash happened.
Heil’s fraternity, Alpha Tau Omega, was suspended and eventually dissolved after the crash.
(Photo l-r: Marco Shemwell, courtesy of Legacy.com, Jacob Heil)
The Associated Press
