Mental heath evaluation delaying death penalty case
Nov. 3—In September, Daviess Circuit Judge Jay Wethington allowed the murder trial of Arnett B. Baines to be postponed so Baines could be evaluated for possible mental illnesses at a state psychiatric center.
But since then, Baines, 33, has waited in the Daviess County Detention Center to be transferred for the evaluation. On Tuesday, Wethington moved to get Baines moved to the psychiatric center and evaluated as soon as possible.
Baines, of Owensboro, is charged with three counts of murder and is facing a possible death penalty for allegedly fatally shooting three people in the head on Jan. 17, 2019, at a home on Audubon Avenue.
Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18, all died at the scene. A fourth person, Carmen Vanegas, was also shot in the head in the incident, but survived. Baines also faces one count of first-degree assault for allegedly shooting Vanegas.
Baines' co-defendant, Cylar M. Shemwell, 34, also of Owensboro, faces murder and first-degree assault charges in the shootings and is scheduled to go to trial next summer.
Commonwealth's Attorney Bruce Kuegel filed a motion to have Baines evaluated at the Kentucky Correctional Psychiatric Center, after the defense team said they would introduce evidence at trial that Baines suffers from mental health issues. Wethington ordered the KCPC evaluation and canceled the trial date. The trial was scheduled to begin Monday.
Wethington said previously that KCPS has a backlog of people facing charges who are awaiting a psychiatric evaluation. At Tuesday's hearing, one of Baines' attorneys, Tom Griffiths, told Wethington there was no information on when Baines would be transferred to KCPC for the evaluation.
That prompted Wethington to call the psychiatric center, which is in La Grange, to determine when the center might transfer Baines.
"This evaluation is holding up all other proceedings," Wethington said, while talking to a KCPC official.
After talking with two KCPC officials, Wethington told the attorneys the facility said they will be able to take Baines for an evaluation in January.
"That's a little bit faster than anticipated," Wethington said. "Initially, they told me eight to nine months."
A new trial date won't be set until after KCPC reports back with the results of the evaluation.
Baines is next scheduled to appear in Circuit Court in March, for Wethington to hear defense motions.
James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse
