REIDLAND – A Benton man has been arrested for murder after the Tuesday shooting of another Benton man at a McCracken County mini storage.
At approximately 7 a.m. Tuesday, a caller contacted McCracken County E911 Disptach and reported a shooting. Jeffrey Conrad reportedly told officers he arrived at the AAA mini storage to find two men, 30 year-old Garlon Cox and 36 year-old Brandon York stealing items and loading them in their truck from his rented storage unit.
Conrad was armed with a .45 caliber pistol and reportedly ordered the two men to stay and not move. According to police reports, York fled the scene on foot as soon as the gun fired. Officers arrived on scene to find Cox had been shot in the head. He was transported to Lourdes Hospital but died a short time later.
York was apprehended around 10 a.m. and taken into custody, arraigned later in the day. McCracken Commonwealth Attorney’s Office convened a special grand jury to hear evidence from the investigation into the death of Cox.
The grand jury returned an indictment for Murder against Jeffrey Conrad. He was located and arrested on murder charges in the Calvert City area on Tuesday afternoon at approximately 7:15 p.m. He was transported to the McCracken County Regional Jail without incident.
A grand jury determines whether or not to indict, which means to bring a formal, criminal charge against an individual for a felony. Grand jurors do not decide guilt or innocence. The grand jury hears evidence and determines if there is sufficient proof to support an indictment and require the accused to stand trial. One member of the grand jury is elected foreperson of the other jurors. The foreperson is responsible for swearing in all witnesses who come before the grand jury. The commonwealth’s attorney examines each witness and advises the jury. No one is to be present in the grand jury room during the examination except the commonwealth’s attorney, a stenographer, the witness and anyone else required, such as a guardian for a child or disabled witness.
After all evidence has been presented, the grand jurors will deliberate and decide whether to return an indictment. Nine of the 12 grand jurors must be in agreement to return an indictment. All indictments must be signed by the jury foreperson, even if he or she personally voted not to return an indictment. If the grand jury votes not to return an indictment, the jury foreperson must report that fact in writing. It is the responsibility of the foreperson to report the vote results of the grand jury for or against indictment to the judge in open court.
The right to protect one’s property is defined in Kentucky KRS 503.080 which says:
(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent: (a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or (b) Theft, criminal mischief, or any trespasser taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts.
(2)The use of deadly physical force by a defendant upon another person is justifiable under subsection
(1) only when the defendant believes that the person against whom such force is used is: (a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or (c) Committing or attempting to commit arson of a d welling or other building in his possession. (3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. – Created 1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.