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.
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.