LEXINGTON, Ky. (WKYT) – Tuesday we heard emotional testimony from Ben Shemwell as he recalled the day his son, 4-year-old Marco, was hit by a car and later died.
“It was very chaotic. I was beside myself. I was the most helpless I’ve ever been. I didn’t really know what to do,” Ben said.
Jacob Heil is on trial for allegedly getting behind the wheel while under the influence and hitting Marco as he and his family walked along Cooper Drive.
“We had a silver sedan coming at us, that was to me about halfway off the street, coming at us and clearly was not making an attempt to stay on the street. So we had very little time to get out of the way,” Ben said.
Chase Dawson said he was in the car with Heil. He told the court he didn’t see the crash, just heard it, because he was in the back seat on his phone. When asked if he knew Heil had struck something, Dawson said yes, but he didn’t know what.
But what Dawson said in court does not match what he said at the scene on September 15, 2018. Police body camera video shows Dawson describing what happened.
“Do you remember telling the officer when he interviewed you that day that you saw the kid, the dad, and the little kid start to go out and the kid just got hit? Do you remember saying that?” the defense asked.
“No I do not. What I remember was I thought he asked me what happened, and I was telling him what happened, not what I saw. I think that is where I was confused,” Dawson responded.
The defense then asked, “Do you remember that you didn’t know how far out in the road he was, but you saw his dad try to pull him back?”
“I don’t remember that,” Dawson responded.
On Wednesday, the jury will be taken to the scene of the crash on Cooper Drive. Closing arguments are expected to be delivered on Thursday.
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