Attorney General appeals dismissal of Fayette County murder case

FRANKFORT, Ky. — Attorney General Russell Coleman has appealed the Fayette Circuit Court’s dismissal of a wanton murder indictment against Cornell Thomas II, 38, of Lexington. The appeal, supported by Fayette County Commonwealth’s Attorney Kimberly Baird, argues that the court overstepped its authority by preventing the case from reaching a jury.

Thomas was indicted in March 2021 for wanton murder and leaving the scene of an accident. He allegedly sped through a red light at over 90 mph, hitting and killing Tammy Botkin, and then attempted to flee on foot.

After a pretrial hearing, the court dismissed the indictment, citing insufficient evidence and unfair prosecution. The Attorney General’s Office contends that this decision should be overturned to allow a jury to determine guilt.

“We’re asking the Court of Appeals to fix this error and deliver justice,” Coleman stated. Baird added, “Our prosecutors work hard to follow the law, and we appreciate the Attorney General for appealing this decision.”

The Lexington Police Department investigated the case, and Assistant Attorney General Christopher Henry filed the appeal.