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NOVEMBER 20, 2017

LAZER UPDATE:

 

BY Wade Queen, Tane' Woods Mosley and Mark Grayson

YELLOW CREEK, Ky. -- A suspect has been arrested tonight after the murders of two Yellow Creek residents just after midnight last night.

Elden MuncyElden MuncyLawrence Co. Coroner Mike Wilson identified the victims as Randy Sherman Blevins, 35, of Yellow Creek and his mother, Mary Evans Smith, 50, also of Yellow Creek, a community about 16 miles from Louisa on the Martin County line.

KSP detective David Boarman arrested Elden Muncy, 21, of Buffalo Horn in Martin County and charged him with two counts of murder today just after 5:00 pm. today. 

Wilson said Blevins was shot "several times" but made it to a neighbor's house where he sought help. The neighbor, who was not identified, said she heard four shots not long before Blevins came to her porch bleeding profusely.

Wilson said the neighbor called 911 but Blevins was pronounced dead at the scene. His mother was also pronounced dead after police found her body in a mobile home nearby that the two shared. She had been shot one time, Wilson said.

Both bodies have been sent to the Ky. State Examiner's office for autopsies.

Official Kentucky State Police press release:

Kentucky State Police Arrest and Charge Martin County Resident with Murder after Shooting Incident in Lawrence County

Ashland, Ky. -- (November 21, 2017) – On Tuesday November 20, 2017 at approximately 1:20 am the Kentucky State Police Post 14 in Ashland was contacted by Lawrence County 911 and advised of a possible shooting in rural Lawrence County. Troopers and Deputies responded to 6330 Yellow Creek Road and located Randy Sherman Blevins, age 35, who was deceased from multiple gunshot wounds. Officers began clearing the area and located a second victim deceased inside the residence. Mary Evans-Smith, age 50, was located inside the residence and was deceased from a fatal gunshot wound.

Mary Evans Smith was shot one time and killed early Monday morning at her home at Yellow Creek.Mary Evans Smith was shot one time and killed early Monday morning at her home at Yellow Creek.During the course of the investigation information was obtained which identified Elden Shannon Muncy as the shooter involved in this incident. Information was obtained linking Muncy, Blevins and Evans-Smith to interactions with each other in the past. (Specific details surrounding the shootings (type of weapon, number of shots fired, why the incident occurred, etc.) are currently not available for release.

Elden Shannon Muncy, age 21, of 4701 Buffalo Horn in Martin County, was arrested and lodged in the Big Sandy Regional Detention Center. He was charged with the following:

Murder (2 Counts)

Autopsies are scheduled for both Blevins and Evans-Smith at the State Medical Examiner’s Office in Frankfort, KY.

(Results of each autopsy will be made available upon completion of the investigation.)

The following agencies responded and assisted during the course of the investigation: Lawrence County Sheriff’s Department, Kentucky State Police K-9, West Virginia State Police, and the Lawrence County Coroner’s Office.

Case remains under investigation by Detective David Boarman.

 

November 20, 2017

BREAKING NEWS: MAN AND WOMAN FOUND SHOT TO DEATH AT 2 SEPARATE LOCATIONS IN SOUTHEASTERN LAWRENCE COUNTY;

LAWRENCE COUNTY SCHOOLS IN SEMI-LOCK DOWN AT START OF SCHOOL DAY HOURS AFTER SHOOTING

written by WADE QUEEN

WSAZ photo of one of the Yellow Creek shooting scenes/ By WSAZ News Staff | Posted: Mon 7:59 AM, Nov 20, 2017  WSAZ photo of one of the Yellow Creek shooting scenes/ By WSAZ News Staff | Posted: Mon 7:59 AM, Nov 20, 2017

Yellow creek shooting scene just after midnight this morning...Yellow creek shooting scene just after midnight this morning...

HEAVY POLICE PRESENCE AT DOUBLE MURDER SCENES ON YELLOW CREEK ROAD NEAR LAWRENCE/MARTIN COUNTY LINE EARLY MONDAY MORNING

YELLOW CREEK -- Two people are dead after shootings very early Monday morning at two separate areas in southeastern Lawrence County, Kentucky.

The shootings happened on Yellow Creek Road about 16 miles south of Louisa, near the Lawrence/Martin County line and also near the West Virginia border.

Police authorities on scene tell local and regional media outlets they were investigating at two locations, and that two people, a man and a woman had been found dead in the shootings.

Troopers say 911 received a call just after midnight from a woman who told them a man showed up to her house asking for help because he had been shot.

The man died before troopers arrived on scene.

When troopers went into the woman's neighbor's house, they found a woman inside who had been shot and killed.

Troopers told WSAZ they believe the two shootings are connected.

No other information has been made available by law enforcement.

However in a surprising development, several hours after the double shootings, the superintendent of Lawrence County Schools, Dr. Robbie Fletcher, released a statement shortly just before 10. A.M. that all Lawrence County Schools were in A semi-lock down out of "abundance of precaution", reportedly initiating the lock down after the school day had started at shortly after 8 A.M.

Students were allowed to change classes and move around the schools but there was no entry nor exit from the school buildings, The Lazer has learned.

In the statement release by Fletcher, is was stated:

"In response to an event that reportedly occurred on the southern end of our county, all schools have implemented safety protocols out of an overabundance of caution. We have no reason to believe that this event is school-related, but safety comes first."

STAY TUNED TO THE LEVISA LAZER FOR IMPORTANT ON THIS VERY IMPORTANT DEVELOPING STORIES.

 

November 18, 2017

FEDERAL LAWSUIT AGAINST DETENTION CENTER OVER 2016 SEXUAL ASSAULT AFTER JUDGE RULED PLAINTIFF WAS "SUING A BUILDING, NOT A PERSON OR ENTITY"

MAGOFFIN MAN CLAIMED HE WAS FORCIBLY SODOMIZED BY ANOTHER INMATE, AND THAT JAIL STAFF FAILED TO PREVENT, INTERVENE, OR PROVIDE MEDICAL TREATMENT AFTER ANAL RAPE INCIDENT


LANCE DAVID PUCKETTLANCE DAVID PUCKETT
(LEFT) LANCE DAVID PUCKETT MUGSHOT NOVEMBER 11,2016; (RIGHT) LANCE DAVID PUCKETT MUGSHOT FEBRUARY 23, 2017

A Magoffin man who filed a federal lawsuit just a couple weeks ago against the Big Sandy Regional Detention Center in Painstville after he claimed he was attacked and forcibly sodomized by another inmate and that the jail staff failed in protecting him, as well as not giving him any medical treatment after the alleged incident, has  already seen his lawsuit tossed out of federal court by a federal judge who ruled his lawsuit as filed in its wording, that the victim plaintiff was trying to sue "the actual physical jail building, instead of a person or entity", therefore resulting in the immediate dismissal of the lawsuit case.

Lance David Puckett of Salyersville, filed the lawsuit in federal court in Pikeville. Ky. in early November 2017, seeking monetary damages in excess of more than $75,000, claiming in the suit that at then age 23 in November 2016, he was the victim of a sexual assault via the act of being sodomized by force by another inmate, which resulted because the jail personnel did not take any measures to prevent the sexual assault, or to take any actions to intervene during the sodomy attack, and that the jail staff failed to give any medical treatment for any injuries he suffered during the alleged act OF 'MALICE'.

Puckett was incarcerated at the Big Sandy Regional Detention Center after he had been arrested on November 11, 2016, by the Painstville Police Department on a court bench warrant. (Puckett was arrested again by the Johnson County Sheriff Department on February 23, 2017 on the charges of • THEFT BY UNLAWFUL TAKING OR DISPOSITION SHOPLIFTING $500 OR MORE BUT UNDER/$10,000, • CRIMINAL MISCHIEF 3RD DEGREE, • CRIMINAL POSSESSION OF FORGED INSTR 3RD DEGREE; and was again the lodged in the BSRDC).

The lawsuit that was personally filed by Lance David Puckett, who was representing himself in the federal court that was brought two weeks ago, has already been tossed out from the federal court on Friday morning November 17, by Chief Judge Karen K. Caldwell, of the District Court Eastern District of Kentucky Southern Division in Pikeville.

In her ruling, Judge Caldwell ruled that the lawsuit, in its wording as filed by Lance Puckett, implied he blamed guilt on the actual building that is the Big Sandy Regional Detention Center, instead of filing the lawsuit against a person or entity, therefore in her opinion the case in justification was cause enough for the order of dismissal with prejudice of Puckett's lawsuit.

After the dismissal of the suit Friday morning, a short press statement was released by the administrator of the Big Sandy Regional Detention Center, F.D. "Pete" Fitzpatrick, announcing the dismissal of the federal lawsuit against the BSRDC jail, along with a copy of dismissal ruling order made Judge Karen C. Caldwell.

In a short but direct statement that was not in the press release but was made straight to the Levisa Lazer, the Big Sandy Regional Detention Center administrator F.D. "Pete" Fitzpatrick  was as quoted:

“I’ve been the administrator for a little over 5 years and this is the first federal lawsuit against the facility. I am happy that we were able to get an affirmative judgement.”

It is not clear if Lance David Puckett will file an appeal, or if he can file an appeal, or if Puckett does file an appeal, if he will represent himself in the further pursuit of his grievance, or will he have hired legal representation.

Caldwell also in her ruling waived having David Lance Puckett pay the fees for filing the lawsuit in the federal court system, due to the fact Puckett lacked the sufficient assets or income to pay the filing administrative fees for his case.

HERE IS THE PRESS RELEASE STATEMENT BY THR BIG SANDY REGIONAL DETENTION CENTER ADMINISTRATOR F.D. "PETE" FITZPATRICK ANNOUNCING THE DISMISSAL OF THE FEDERAL LAWSUIT AGINST THE JAIL; AND ALSO THE COURT RULING DISMISSAL ORDER BY FEDERAL JUDGE KAREN C. CALDWELL OF LANCE DAVID PUCKETT SEXUAL ASSAULT LAWSUIT AGAINST THE BIG SANDY REGIONAL DETENTION CENTER IN PAINTSVILLE.

 SEE TEXT OF JUDGE CALDWELL'S RULING HERE