A UK student accused of driving intoxicated in an accident that resulted in the death of a four-year old following a Kentucky football game has been charged with reckless homicide.
18-year-old Jacob Heil was originally only charged with driving under the influence back on September 15 for damages that eventually led to Marco Shemwell’s tragic death on September 17.
He pleaded not guilty to the charge back in September.
Christopher Spedding, Heil’s attorney, said they disagree with the additional charge and the defense will conduct its own investigation moving forward.
“However, we respect it and will defend Jacob vigorously because there will be more evidence as the case proceeds,” he said, via the Lexington Herald-Leader.
At the time of the incident, police records show Heil had a blood-alcohol level of 0.051 and the 18-year-old told law enforcement officials that he drank two beers earlier in the game and was tailgating for Kentucky’s matchup with Murray State.
Heil’s attorney told the Herald-Leader that the portable breath tests used at the time of the incident are “inherently unreliable” and are “strictly used as an investigative tool by the police.”
“The results are not admissible in court,” he said.
University of Kentucky President Eli Capilouto announced back in September that the school had suspended Heil and the fraternity he was pledging, Alpha Tau Omega, with the national ATO chapter dissolving its UK chapter the day after.
KSR’s Nick Roush also contributed to this report.