Judge: Jurors can go to scene where toddler was hit and killed

Marco Lee Shemwell

LEXINGTON, Ky. (WTVQ) – The suspect accused of killing a 4-year-old boy in Lexington appeared in court Thursday.

Jacob Heil is accused of driving under the influence and hitting Marco Shemwell, who later died from his injuries. Heil is charged with reckless homicide and driving under the influence.

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In December, Heil’s lawyer filed a motion to dismiss Heil’s breathalyzer test from evidence. Court records show that motion was granted in court Thursday.

Records also show that the judge agreed to allow jurors to go to the crime scene.

Heil’s next court appearance is scheduled for April 3.