Ballistics are among the long-awaited test results attorney Don Thomas said were returned from the Kentucky State Police lab, and asked for one more continuance in the case against his client, Kelly Allen during last week’s status hearing in Marshall Circuit Court. Allen is charged in the death of 38-year-old Jeremy Scott, who was allegedly in the process of stealing anhydrous ammonia from Allen’s property on May 31,2018 when Allen claims he accidentally shot him.
Thomas said Commonwealth’s Attorney Dennis Foust had provided him with the results, but he needed more time for his expert to review the data. He and Foust agreed they will be ready by the next hearing to either schedule a trial or submit a plea agreement.
Allen is scheduled to return to Marshall Circuit Court on Nov. 14.
Allen was indicted by a Marshall County grand jury in Sept. 2018 for reckless homicide. The charge stems from an early morning incident on May 31, 2018 during which Allen allegedly shot Scott. Allen, who lives on Scale Road, allegedly fired two rounds from a revolver into the air—one of which hit Scott and killed him.
Circumstance leading up to the shooting, according to court documents, began on May 30 when Allen reported to authorities Scott had stolen anhydrous ammonia from a tank on his property. About 3:40 a.m. the following day, Allen reportedly heard an all-terrain vehicle (ATV) near the same tank, grabbed his .38 revolver and went outside.
Police reports indicate Allen believed he shot above Scott’s head as Scott was headed toward the road on his ATV but after firing the two rounds, saw Scott stop at the end of his driveway. When he approached the vehicle, he discovered one of the rounds had hit Scott in the left side. The report said he told his wife to call 911 but when emergency personnel arrived, Scott was dead.
In the report, Detective Jeff Daniel with the Marshall County Sheriff’s Office noted Scott was stealing anhydrous ammonia. He also noted Allen said he never intended to hit Scott with the rounds he fired.