Baines' murder trial delayed for competency evaluation

James Mayse, Messenger-Inquirer, Owensboro, Ky.
·2 min read

Sep. 1—The murder trial of Arnett B. Baines, who is facing the possibility of the death penalty in the 2019 shooting deaths of three people on Audubon Avenue, has been postponed.

Baines, 33, was scheduled to go to trial Nov. 1. He's charged with murder, first-degree assault, tampering with evidence and other charges in the Jan. 17, 2019, deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18.

All three died after being shot in the head at Sowders' home on Audubon Avenue in an incident partially caught on the home's surveillance cameras. A fourth person, Carmen Vanegas, was also shot in the head but survived.

Baines' co-defendant, Cylar M. Shemwell, 34, also faces murder and first-degree assault charges and is scheduled to go to trial next summer.

At a hearing Tuesday afternoon, Tom Griffiths, one of Baines' attorneys, said he plans to introduce evidence during trial that Baines suffers from mental health issues.

In response, Commonwealth's Attorney Bruce Kuegel filed a motion to have Baines examined for mental disorders at Kentucky Correctional Psychiatric Center in La Grange. The same law that allows the defense to present jurors with evidence of mental disorders also allows prosecutors to file to have the defendant examined.

Kuegel said his motion to have Baines evaluated at KCPC goes "hand in hand" with Griffith's intent to discuss Baines' mental health at trial. Kuegel said having Baines sent to La Grange will add time to the process, because KCPC has a number of defendants waiting to be evaluated.

"This is set for a November trial date," Kuegel told Daviess Circuit Judge Jay Wethington. Kuegel said an official from KCPC was ready to testify the facility wouldn't be able to take Baines' case for months.

"Our witness will testify their backup time is at least seven to eight months," Kuegel said.

Wethington canceled the Nov. 1 trial date.

"I'm aware KCPC has a backlog," said Wethington, who added that he would urge KCPC officials to expedite Baines' evaluation.

"Depending on what I hear back, I'll set a trial date," Wethington said.

Kuegel said the defense shouldn't have waited until just a couple of months before the trial.

"If this was going to be an issue, it should have been brought sooner," Kuegel said.

Baines is next scheduled to appear in court on Nov. 2, for Wethington to hear about the status of the case.

James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse

James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse