Prosecutors can’t reach plea deal with man charged in deadly Lexington beating. Trial scheduled
A man accused of beating another man to death in a downtown Lexington parking garage is set to undergo a trial next year after prosecutors and his defense attorney couldn’t reach a plea deal.
Benjamin Call, 40, has been charged with murder for allegedly killing John Tyler “Ty” Abner back in October 2021. His trial date was scheduled for March 11-14.
Call underwent mediation on April 25 in an attempt to avoid a trial with a plea deal, court records show. Prosecutors offered Call a 20-year prison sentence if he pleaded guilty to manslaughter, but Call rejected the offer, Assistant Commonwealth’s Attorney Brad Bryant said during a hearing Friday
Call’s lawyer, Abe Mashni, said in court Friday they offered their best and final deal and the prosecution declined.
Bryant said during the hearing they could reduce the prison time to 15 years if Call would plead guilty, but Call denied once again and elected for a trial. Call will be due back in court on March 1 for a final status hearing.
Deadly beating unfolded at a downtown garage
The incident happened in October 2021 at the Victorian Square Parking Garage on West Short Street. Call was arrested that evening and charged with murder.
The altercation was caught on surveillance video. The video was played in court in February 2022, and it appeared to show Call beating Abner to death until police arrived and broke up the assault.
Abner’s husband, who’s also named John Abner, testified in court about how devastating the assault was.
“What I saw was someone pull him back and beat him senseless, who beat him when he wasn’t even moving anymore,” John Abner said in court. “He was beating a corpse and he stole from me the ability to even say goodbye. I wasn’t even able to be with his body because it was unrecognizable.”
Lexington police detective Tim Moore testified in court too, saying Call was covered in blood from head to toe when he interviewed him at a hospital afterwards. Call had cuts on his forehead and knuckles and appeared to be intoxicated.
Blood testing later confirmed that Call had a blood alcohol concentration of 0.309 at the time of the incident, nearly four times the legal limit, according to Moore.
Moore said Call’s statement was sporadic because he was intoxicated but he was comprehensive. Call told Moore he believed he was fighting with his brother-in-law for things that he had done to the family, but later said he was defending himself from a person he met at a bar earlier that evening.
Call, who resides in Pomeroy, Ohio, was in Lexington for a contracting job, according to Moore. He told Moore he met Abner at Pies & Pints and the two had food and drinks together.
Call and Abner were later spotted by a witness at another nearby bar, Moore said. Surveillance footage confirmed the two were at Centro on Cheapside Park, according to Moore.
Call and Abner then went to the parking garage where the assault happened on the fifth floor, Moore said. Time stamps from the video showed the assault happening for nearly 20 minutes.
Moore said Call had no recollection of the attack or the time spent at Centro with Abner.
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Extra security added to parking garage after incidents
In March 2022 the city of Lexington’s parking authority hired Fayette County sheriff’s deputies to increase security to the Victorian Square Parking Garage in response to Abner’s death and two other shootings.
This included additional sheriff’s deputies being stationed nearby overnight on weekends.
