Plea deal means defendant with bi-polar disorder will avoid jail time

NC GAZETTE / WBRT RADIO
STAFF REPORT

Thursday, March 31, 2016, 10 p.m. — The Bardstown man who was charged last Mother’s Day with the attempted murder of three police officers by using a stolen pickup truck as a weapon faces a  seven year sentence that will be probated for five years if certain conditions are met.

JOHN KENNEDY FENWICK

Earlier this month, John Kennedy Fenwick, 26, entered an Alford Plea which allows him to retain his innocence but acknowledges there is sufficient evidence that could lead to finding of guilt on some of the charges stemming from the incident last May.

Early the morning of May 10, 2015, Kennedy drove into a door at Franklin Family Chevrolet Buick in Bardstown and took a 2015 Chevrolet 2500 pickup truck. When a Bardstown Police officer noticed Kennedy’s erratic driving, he attempted a traffic stop near the intersection of Parkway Drive and Springfield Road.

After a short pursuit onto Parkway Drive, Fenwick stopped his vehicle, and then reversed, ramming the officer’s police cruiser, disabling it. Fenwick also struck and severely damaged two Nelson County Sheriff cruisers. As police tried to apprehend Fenwick and take him into custody, he was tasered, shot in the shoulder and in the abdomen.

On May 20, 2015, Kennedy was indicted by a Nelson County grand jury on charges that included three counts of attempted murder of a police officer; burglary; felony theft over $10,000 and criminal mischief. If convicted on all the charges, he faced a possible sentence of 70 years in prison.

Following court-ordered mediation, Fenwick entered an Alford Plea; the attempted murder charges were amended to wanton endangerment. The Commonwealth Attorney’s office has agreed to recommend the 7 year sentence, which will be probated for five years.

Keith Sparks of McCoy & Sparks, one of Fenwick’s attorneys, said his client’s defense centered on temporary insanity.

Bardstown Police Chief Rick McCubbin, left, and Nelson County Sheriff Ed Mattingly address the media regarding the incidents that happened on Parkway Drive on Mother’s Day 2015 involving John Kennedy Fenwick. Click to enlarge.

“Mental illness, that’s what this case was about,” Sparks said. “John suffers from severe bi-polar disorder, with manic tendencies. We were able to show, through expert witnesses, that he was very sick on the day this happened.”

Fenwick’s medical records were powerful evident that supported the defense’s claim.

“We had a compelling defense of temporary insanity – the most compelling I’ve seen,” Sparks said. “The law states that someone who lacks the ability to understand right from wrong, or to control his conduct, is not criminally responsible for things that happen during that time.

“In short, if you don’t know what your doing, because of a mental illness, it’s unfair to punish you for doing it.”

According to Sparks, Fenwick had just been released from Hardin Memorial Hospital on Thursday, May 7 — a hospitalization caused by a manic episode related to his mental illness. The hospital chose to release him against the wishes of his family.

After he was released, Sparks said Fenwick’s condition continued to deteriorate. His family and friends called 911 and the police at least seven times between Friday night May 8 and Sunday morning, May 10.

During that time, officers from the Kentucky State Police, Bardstown Police Department and Nelson County Sheriff’s Office interacted with Fenwick several times. Each time, law enforcement said that he was not a danger to himself or others, and refused to take him into custody. At one point, they encouraged him to drive himself to the hospital.

Fenwick’s mother, Betty Raye Fenwick, had been told by a deputy the family would need to wait until Monday to see a mental inquest warrant from the county attorney.

“We kept telling them that it wouldn’t wait until Monday,” Fenwick said. “Something needed to be done right then. I know they have a tough job, and I’m thankful that none of the officers were hurt, but I am disappointed they told us there was nothing that could be done. I know now that this is not the law.”

Louisville attorney Brian Butler, of Dathorne & Butler, who also represented Fenwick, said state law — KRS 202A.041 — places a duty on officers to take into custody if they have reasonable grounds to believe an individual is a danger to themselves or others.

“The Fenwicks called 911 repeatedly and told them that their son was sick. The family literally begged for help,” he said.

The Fenwick family hopes to raise awareness and understanding by law enforcement of how to handle calls involving individuals with bi-polar disorder and mental illness, in the hopes such an incident will not be repeated.

The plea agreement allows Fenwick to be released under the supervision of the Department of Probation and Parole after completion of certain conditions. He is ordered to be assessed and follow through with recommended treatment and medication.

Sparks said that Fenwick is doing well, despite everything that has happened.

“John is much better today. That’s amazing if you think about it. He was shot twice, and nearly killed. He still has lead in his back from a gunshot. He was jailed and charged with 3 counts of the 2nd highest crime on the books – facing 70 years in prison. But in reality, he never tried to murder anyone, and wouldn’t have done any of this if not for his illness.”

Sparks said Fenwick is doing well, physically and mentally.

“He’s has a fiance’ and two young sons to help raise,” he said. The plea agreement allows Fenwick to be free with his familiy.

“He’s looking forward, not backward,” Sparks said.

Fenwick’s formal sentencing is set for 9 a.m. April 21, 2016.

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