Update: Lexington jury returns verdict in case of fatal downtown parking garage beating

After less than two hours of jury deliberations Thursday, an Ohio man was convicted in the murder of a Lexington man who was beaten to death in a downtown parking garage.

Benjamin Call, 41, stood trial this week with closing statements on Thursday afternoon. He was found guilty of one count of murder, according to counsel for the defense and prosecution.

Defense attorneys claimed the suspect was sexually assaulted by the victim, causing him to snap. Prosecutors argued Call was in total control of his actions based on video footage that captured the assault.

Call was charged with murder on October 26, 2021, after police found John “Ty” Abner unresponsive and covered in blood in the Victorian Square parking garage.

Defense: Sexual assault by victim caused suspect to snap

Call’s attorneys said at the beginning of the trial that they would ask the jury to find him guilty of a lesser charge than murder, like manslaughter or reckless homicide.

Tucker Richardson, Call’s attorney, said a critical point of the case was what happened in between the time the men entered the parking garage and when Call attacked Abner.

Richardson said there was reasonable doubt about what led up to the attack, claiming police did not thoroughly investigate or collect evidence. An interview recording and Call’s blood toxicology report are missing from the police department, he said. Call also never underwent a sexual assault test kit.

“His job is not to collect evidence that Call is a monster and get the highest punishment possible. His job is to get the evidence to you all to allow you to make a decision,” Richardson said of lead detective in the case, Tim Moore.

Regardless of lack of evidence, Richardson said some sexual acts did take place between the men, and caused Call to “snap.”

“I don’t want to pick on (Abner). He did not deserve what happened to him that night, but he bears some responsibility to what happened in that garage,” Richardson said. “If he had just taken (Call) home, this would not have happened that night.”

Their argument against the murder charge centered around Call’s blood alcohol content level the night of the incident, which was determined to be .309 — nearly four times over the legal limit. They stated he was in a state of diminished capacity caused by voluntary alcohol consumption which should establish Call was not capable of making a wanton or intentional decision to commit murder.

Prosecutors: Video shows ‘domination by the defendant’

Countering the defense’s argument, Assistant Commonwealth Attorney Brad Bryant said video footage showed Call hugging, kissing and holding hands with Abner before they entered the garage.

“You can’t escape what you saw on that video,” Bryant said. “... Does this video make Tyler look like a sexual predator? No. It is always the defendant initiating sexual contact with Ty.”

Bryant said there’s no definitive proof the two men engaged in sex, and a sexual assault kit performed on Abner did not indicate any sexual contact or assault.

“There is nothing mutual about this. This is domination by the defendant,” Bryant said. “He is in utter control. He is in control of the situation, he is in control of his muscles. He is in control.”

Call was aware of his actions but there was “no question” he was intoxicated. Bryant said in police interviews Call could recall specific details of the night, but then suddenly couldn’t recall who he was fighting or what led to it.

What happened the night of the assault

Call was in Lexington on business, and is originally from Bidwell, Ohio. He met Abner at Pies and Pints where they connected after learning Abner was from Chillocothe, a nearby city in Ohio. They had a few “stout beers,” before ordering a pizza to go and heading to another bar, Centro. Video surveillance from both locations show Abner and Call hugging, holding hands and kissing while walking.

The two were seen on video surveillance footage arriving at the parking garage where Call and Abner were inside and outside of Abner’s parked vehicle. Call can be seen zipping up his pants and then proceeded to assault Abner by violently beating him, punching him, placing him in a chokehold, and “soccer kicking him” in the body, and stomping on his face and head.

Officers with the Lexington Police Department arrived on the scene to find Call covered in blood and still assaulting Abner who was lying on the ground. Police officers testified that Call was compliant with their commands and seemed intoxicated, but responsive to their questions.

He initially told police he was in a fight with his brother-in-law, and his story later changed in police interviews that Abner had forced himself on him and he defended himself. The next day he told his wife in a recorded phone call from jail that he was jumped by two men in the parking garage.