Shemwell won't face death penalty
Cylar L. Shemwell, the Owensboro man scheduled for trial next month in connection with the fatal shootings of three men at a home on Audubon Avenue, will not face the possibility of the death penalty.
Commonwealth’s Attorney Mike Van Meter filed notice Wednesday that his office will no longer seek the death penalty against Shemwell, 37, of the 1600 block of Wisteria Gardens.
But if convicted, Van Meter wants jurors to consider a range of options from sentencing Shemwell to 20 to 50 years in prison, to life with the possibility of parole after 25 years, and to life without parole on each of the three murder counts Shemwell faces.
Shemwell and Arnett B. Baines, 36, of the 0-100 block of Dixiana Court were both charged with three counts of murder and one count of first-degree assault in the Jan. 17, 2019 incidents in the 900 block of Audubon Avenue. Jay Michael Sowders, Christopher Carie and Robert D. Smith were each shot in the head and died of their injuries. A fourth person, Carmen Vanegas, was also shot in the head, but survived.
Baines previously pleaded guilty to the shootings, in exchange for a sentence of life in prison, with Baines becoming eligible after serving 20 years. Video of the incident caught on camera in the home’s basement shows Baines shooting Carie, Smith and Sowders while Shemwell watches.
Shemwell’s defense attorneys, in a motion to exclude the death penalty, argue that sentencing Shemwell to death would be disproportionate and would amount to cruel and unusual punishment.
The defense’s motion cites case from the U.S. Supreme Court and Kentucky Supreme Court where the courts ruled a person could be convicted of murder, but could not be sentenced to death, over the acts of another person.
At Wednesday’s hearing, lead defense attorney Leigh Jackson said the defense had also asked for Circuit Judge Tom Castlen to prevent the jurors from considering life without parole if Shemwell is convicted, but said that motion would be raised after prosecutors had presented all of their evidence at trial.
The trial is scheduled to begin June 3. A final hearing to handle any remaining issues before trial will be held on May 30.
Baines is scheduled to be sentenced at 11 a.m. Thursday in Daviess Circuit Court.
