LEXINGTON, Ky. (WKYT) – An emotional witness from Ben Shemville heard Tuesday as she recalled the day her four-year-old son, Mark, was hit by a car and later died.
“It was so chaotic. I was beside myself. I was always helpless. I didn’t really know what I was doing,” Ben said.
Jacob Hale is on trial for allegedly getting behind the wheel as he and Cooper drove past Cooper’s family.
“We had a silver sedan coming, which was about half way to me, coming towards us and definitely not trying to stay in the lane. So we had very little time to get out of the way. was,” said Ben.
Chase Dawson said he was in the car with Hale. He told the court he didn’t see the crash, only heard it, because he was in the back seat on his phone. When asked if he knew Hale had hit anything, Dawson said yes, but didn’t know why.
But what Dawson said in court doesn’t 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 that day when you came to him that you saw a child, a father and a child about to go out and the child had been killed? Do you remember saying that?” Defense asked.
“I didn’t. From what I remember, he asked me what happened, and I told him what happened, not what I saw. I think that’s where I was confused. Dawson replied.
Then he asked the defense, “Do you remember not knowing how far the road was, but trying to keep him away from his father?”
“I don’t remember,” Dawson replied.
On Wednesday, Jurors was arrested at the scene of the accident on Cooper Drive. Closing arguments are expected to be delivered on Thursday.
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