Man found not guilty in 2020 shooting
Jun. 17—ASHLAND — Former Ashland Blazer soccer player Dwayne "DJ" Kemper was found not guilty Wednesday in connection with a June 2020 shooting.
Following a three-day trial in Boyd County Circuit Court, the jury of 11 women and one man returned a not guilty verdict to a sole count of first-degree assault. Deliberations took about an hour for the jury.
Kemper was accused of shooting a 19-year-old woman in the face during a fight in the 1800 block of Blazer Boulevard around midnight on June 20, 2020. Previous testimony from Zachary McWhorter — who is currently facing a rape charge in Carter County — and Brandon Hansford, the two men fighting Kemper, placed the victim in the car. They also stated Kemper instigated the fight when they bumped into him following a drug deal out in front of the apartments. How the fight started was up to debate, as multiple versions of the event were told at trial.
Either way, both men and the victim stated the bullet traveled through the car door and struck her in the jaw, leading to weeks of surgery and recovery.
During closing statements, Boyd County Assistant Commonwealth's Attorney Gary Conn said if the bullet had been 2 inches to the left, "we'd be trying this young man for murder."
Throughout the trial, defense attorney Sebastian Joy asked mutiple times on cross examination if Hansford had beaten Kemper in the head with a pair of brass knuckles with a blade sticking out of it. On Wednesday, the jury heard more on that.
Kelly Lawson, a friend of Kemper's, testified she had brought Kemper to the apartments that night to score some THC cartridges from a different dude (McWhorter and Hansford said they were there to buy cartridges as well). She said after 15 to 20 minutes, Kemper came running back, with blood pouring out of his head.
"He said, 'Go, go, go,'" Lawson recalled.
Lawson said she asked if Kemper wanted to go to the hospital, but he declined because he said he "might have killed a girl."
So they went to a friend's house, where they treated two gashes in his head by applying pressure to it and cleaning it. The friend, Tyler Bryant, testified Kemper bled well into the next day. After staying for a few days, Kemper left for parts unknown.
Kemper himself took the stand in the final day of the trial, explaining that when he first went to the apartments he saw McWhorter, Hansford and the victim standing outside the apartment talking with a mutual acquaintance. The acquaintance said, "hey, what's up" and Kemper replied in kind.
He then went upstairs into the apartment and bought the cartridges, Kemper testified. When he left between seven to 10 minutes later, Kemper testified McWhorter tried to approach him, at which time he said, "I don't talk to rats."
That's when Hansford jumped him from behind and stabbed him in the head a couple of times, Kemper testified. He said McWhorter and the victim charged him, so he pulled out his pistol.
"I was scared for my life," Kemper said.
The victim retreated to the car and a wrestling match ensued between the three men for the gun. Kemper testified he believed the victim was getting low in the car to rummage around for a weapon — Conn stated it was obvious she was taking cover from the gun.
When Kemper got the upper hand, he said Hansford charged him. He fired the gun, but Hansford ducked and the bullet struck the car door. Conn questioned how he could miss when Hansford was only 6 feet away.
"I had blood in my eyes," Kemper said.
His alleged assailants sped off in their car and Kemper ran back to Lawson's car. After a few days of tending to his wounds, Kemper indicated he went to Clermont County, Ohio (where he was eventually captured) not because he was running from the law.
"The Outlaw Bikers had a hit on me," he said. "I felt relieved when I was captured."
During the closing arguments, Joy implored the jury to use its common sense when addressing the numerous versions of events and said "no one here is innocent."
"There are four people culpable here, including my client," he said. "But I ask you, is it OK to put away a man for years in jail based on all these changing stories?"
He then asked the jury this: What would you do in that situation?
"If someone is trying to fight you and tries to take away your gun, what would you do? What is the point in having a gun to protect yourself if you don't use it in that moment?" Joy asked.
Following the verdict, Joy and Conn declined to comment on the case.
(606) 326-2653 — henry@dailyindependent.com
