Lawyer for man accused of hitting, killing little boy wants some evidence withheld


LEXINGTON, Ky. (WTVQ)- The lawyer for a Lexington man accused of driving drunk and hitting and killing a little boy in the city wants certain pieces of evidence kept out of the trial.

Jacob Heil is charged in the death of four-year-old Marco Shemwell.

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He has pleaded not guilty.

Jacob Heil’s lawyer wants Heil’s preliminary breathalyzer test from the scene and photos of Marco Shemwell’s shoes kept out of the trial.

Police accuse Heil of driving under the influence and hitting Shemwell, who later died.

Heil was a freshman at the University of Kentucky at the time.

Police say Heil’s blood-alcohol level was .05, which is above the legal limit for an 18-year-old.

Shemwell was hit near Kroger Field on a football game day last year.

Heil’s lawyer argues the breathalyzer results can’t be used at trial to prove his client’s guilt, and, that the prosecution wants to show pictures of Shemwell’s shoes solely to get an emotional reaction from a jury.

These motions are scheduled to be introduced in court tomorrow.

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Veronica Jean Seltzer joins ABC 36 as Anchor/Reporter. On most weekdays, you will see her reporting the news. VJ hails from a small horse farm outside New York City and most recently comes from South Bend, Indiana where she reported for the CBS and Fox affiliates. VJ holds a Master of Science in Journalism degree from Columbia University and a Bachelor of Arts degree from Tufts University. Her passion for journalism runs deep. It began as she studied graffiti as an ancient form of communication in Athens, Greece. While a student journalist in Morocco, she learned her most important journalistic lesson: good stories are about people. VJ loves life in and around Lexington. She feels most at home among horses and a diverse community of fascinating people. She enjoys reporting during the week and on the weekend she strives to bring her neighbors the news that matters most to them. VJ enjoys going to neighborhood events, exploring, horseback riding, skiing, sailing, and good movies. Look for her out and about in the community! VJ invites you to reach out to her with story ideas or just to say hello! Find her on Facebook at Veronica Jean Seltzer ABC 36, tweet her @VJS_ABC36, or email her at She looks forward to hearing from you!