It has been nearly 3 years since a fatal house fire on Walnut Street in Kenton and Thursday a Hardin County juvenile is in court regarding the case.
The defense says that the state has no physical evidence linking their client to the arson fire that took the life of 35 year old Gary Wells Jr. The prosecution says they have a confession. It is the decision of Hardin County Juvenile Judge James Rapp if there is probable cause that the child may have committed the crime. In June of this year a complaint was filed against a 16 year old that the court has ruled we can only identify as J.M. The complaint included the charges of murder, aggravated arson and two counts of attempted murder.
Thursday the judge heard testimony recounting the events of December 8th 2009 as Kenton firefighters arrived on scene.
Captain Timothy Striker said they were told there was one person still in the burning house. Wells' wife stated that he helped her and her son out of a second story window but he didn't follow. Striker said that they found Wells in an upstairs bedroom.
In cross examination the defense questioned Striker about a report he wrote in May of 2011 regarding the investigation into the fatal fire. They say the report mentions 4 people that could have been of interest in the case with none of them being their client. The prosecution stated that the information from those people was all hear say and rumor and that there was no actual evidence leading investigators to them.
The hearing continues Friday and on November 27th with expert testimony on the juvenile's mental well being.
