In a surprise move, a decorated Leitchfield police officer has been indicted by a special grand jury.
Leitchfield Police Sgt. D.J. Newton was indicted on Wednesday on two counts of fourth-degree assault, two counts of third-degree terroristic threatening, first-degree criminal trespassing, and two counts of menacing.
The charges are either Class A and Class B misdemeanors.
The incident
Leitchfield police, including Newton and Officers Justin Cockerel, Brian Jennings, and Tamara Jupin arrived at the scene in less than two minutes, as Jupin began ushering the residents out of the home, according to the arrest citation.
Newton made his way to the back of the home where Jupin was leading the occupants, two men and a woman, out of the residence. One of the men, 64-year-old Lannie W. Fentress, was carrying a hose, as he told police that lithium batteries had exploded in the basement. Fentress then asked police “about the fire department and he was advised they were on their way,” the citation states.
Fentress and his son, 42-year-old Daron Fentress, then, according to the citation, “attempted to go back into the residence after officers had advised them to move away from the structure due to numerous rounds of ammunition and firearms being inside where the fire was occurring.”
Newton attempted to “usher Lannie away from the entry point to maintain his safety as well as minimize possible injuries due to the munitions,” but he “shoved my arms away and re-entered the structure,” Newton wrote in the citation.
Daron Fentress then moved in front of the entry way to block police from retrieving his father. Cockerel “attempted to grab Daron by the arm,” but the suspect “pushed him away and went further into the residence.”
Cockerel tased Daron Fentress, bringing him into compliance, as both men were told they were under arrest.
Lannie Fentress then told police, according to the citation, “Touch him (Daron) and I’ll f—-ing kill you, you son of a b—h.”
Jennings escorted a handcuffed Daron Fentress away from the home where he was evaluated by EMS personnel, as Newton again told Lannie Fentress that he was under arrest.
Lannie then “drew his fist back with the water hose balled up in his hand,” the citation states, and threw the hose toward Newton who tased the suspect.
As “Lannie backed up grabbing at the probes,” the citation says, Newton made his way toward the suspect when Lannie Fentress “swung at me with a hard empty hand.”
Newton ducked the punched, resulting in Lannie Fentress shoving the sergeant “across the room” where he “landed on a large pile of personal effects.”
Cockerel then struck Lannie Fentress and ordered him to place his hands behind his back, but the citation states that he continued to resist arrest.
Newton, while attempting to assist Cockerel arrest the suspect, used “hard empty handed strikes,” as Grayson County Deputy Thomas Lane tased Lannie Fentress a second time. He was then handcuffed.
Police, the citation says, observed about 10 feet from the location of the altercation a “smoldering electric panel box” and a “burnt Glock handgun box.”
Lannie Fentress, who requested EMS, was transported to Owensboro Health Twin Lakes Medical Center (OHTLMC) where he was cleared for incarceration. Daron Fentress was also transported to OHTLMC “for injuries and possible smoke inhalation.” Daron Fentress was originally charged with five counts of second-degree wanton endangerment of a police officer, menacing and resisting arrest.
Lannie Fentress was lodged in the Grayson County Detention Center where he was originally charged with third-degree assault of a police officer (a class C felony), five counts of second-degree wanton endangerment of a police officer, menacing, and third-degree terroristic threatening.
No True Bill
The grand jury on Wednesday returned a No True Bill (failed to indict) on the charges presented for consideration against Lannie Fentress: Third-degree assault of a police officer, fourth-degree assault, second-degree wanton endangerment of a police officer, resisting arrest, and third-degree terroristic threatening.
There are no witnesses listed on the Lannie Fentress No True Bill.
Newton’s indictment lists Lannie Fentress as a “Witness.”
Choice of evils
It’s possible, while responding to the fire at the Fentress home, and having difficulty removing people from the residence, that Newton and the other officers had in mind Kentucky Revised Statute 503.030, entitled, “Choice of evils,” in their minds.
The statute states in part, “… conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged …”
To read the full statute click here.
Leitchfield PD statement
At 3:10 p.m. Thursday, the Leitchfield Police Department issued the following statement regarding Newton’s indictment:
On November 13, 2024, the Leitchfield Police Department became aware of an indictment issued by Grayson Circuit Court stemming from a special called Grand Jury against Sgt. D.J. Newton for multiple misdemeanor charges including Assault in the 4th Degree, Menacing, Terroristic Threatening in the 3rd Degree, and Criminal Tresspass in the 1st Degree.
The Leitchfield Police Department will update with more information as it becomes available. We would defer to the Commonwealth’s Attorney’s Office for specific information on these charges.
At this time, Sgt. Newton is on leave without pay.
The Leitchfield Police Department cannot comment on any internal action being taken at this time, until the final disposition of any charges.
Decorated cop
Newton is a highly decorated officer, as he has won multiple officer of the year awards as well as multiple awards for having the most drunk driving collars in a year.
He was voted the Leitchfield Police Department’s Officer of the Year in 2021 in a vote by his peers. He was also named Deputy of the Year in 2018 while employed by the Grayson County Sheriff’s Office.
Newton, who was first hired as a police officer in December 2016, won the Governor’s Impaired Driving Enforcement Award in both 2020 and 2021.
“Officers quickly administered Narcan to the unresponsive subject and each officer became involved in continuous CPR administration,” LPD Det. Sgt Ian Renfrow stated at the time. “Without the action of these officers, the outcome would have likely resulted in the loss of life … The Leitchfield Police Department proudly acknowledges their actions and praises them for their service to our community.”
Additionally, in September 2021 he sniffed out an early morning house fire while patrolling West Main Street.
Newton, who said the home at 208 West Market Street “was obviously on fire,” and LPD Sgt. Keith Harrel, beat on the front door of the house before kicking the door open as the two officers attempted to save the occupants. Unable to make their way very far into the home because of incredibly dense smoke, the officers then tried to enter through the rear of the residence, but were likewise unable to enter.
With the help of Grayson Count Central Dispatch, it was soon determined that no one was in the structure.
Misinformation
On Wednesday, media outlets, including K105, received an email purporting to be from “graysoncountykynews” which contained a major inaccuracy related to the charges Newton is facing. The local news outlet, Grayson County News, did not distribute the email. It’s unclear who sent the email, but considering the time it was sent and the information it contained, only a few people or entities are possibilities.
By Ken Howlett, News Director
Contact Ken at ken@k105.com
