Prosecution presents its case

Mills tape entered into evidence

By BRAD DICKERSON

GLASGOW — Taped statements made by an Indiana man charged with the death of a Glasgow Daily Times newspaper carrier were played for the jury on the opening day of trial Thursday.

David Mills, 40, faces one count each of murder by use of a motor vehicle, leaving the scene of an accident, theft by unlawful taking (motor vehicle), second-degree assault and operating a motor vehicle with an alcohol concentration at or above the legal limit.

The charges stem from a Sept. 3, 2006, incident where David Huff, 39, of Tompkins-ville, an independent contractor who delivered the Daily Times for eight years, was killed when his vehicle was struck head-on by a vehicle driven by Mills on Mill Creek Road in Tompkinsville.

A passenger in Huff’s car, Terry Kelsay, was treated for minor injuries he sustained.

Mills’ statements were made on Sept. 5, soon after his apprehension in Tomp-kinsville following an anonymous tip. Kentucky State Police Trooper Michael Dubre, who investigated the case, was present during the recorded interview, as was Deputy Lucas Geralds of the Monroe County Sheriff’s Department.

The trooper was on the witness stand as the commonwealth played the recorded questioning.

On the tape, Dubre was heard advising Mills of his rights before making any statements.

The jury listened as Mills told the law enforcement officers he took a 1996 green Ford Taurus from the parking lot of Freedom Church No. 2 in Barren County in late July 2006. The keys were left inside the vehicle.

Commonwealth attorney Jesse Stockton Jr.’s first witness, Valerie Copass, of Monroe County, testified that she attended a church revival at Freedom No. 2 on July 25, 2006.

Left in a parking space outside of the church was her 1996 green Ford Taurus with the keys in the ashtray.

“When I came out, the car was gone,” Copass told the jury.

Mills’ statements to Dubre also included saying he was involved in an accident on Sept. 3 at 2:30 a.m. on Mill Creek Road while he was driving the Taurus.

He also admitted on tape to drinking roughly six beers during the day on Sept. 2, but said he did not have any drinks that evening.

Once he left the scene on foot, Mills told Dubre and Geralds he caught a ride down to his sister’s home in Moss, Tenn., before coming back to Tompkinsville and hiding out in an abandoned trailer behind his mother’s residence, where authorities found him on Sept. 5.

During cross examination by defense attorney Paul Vanni, Dubre reiterated that Mills said he had not had anything to drink that night, but had during the day of Sept. 2.

“In response to your question if he (Mills) felt like he was under the influence of alcohol the night of the wreck, he stated that, ‘no, he was not,’ correct?” Vanni asked Dubre.

“Yes,” Dubre responded.

Vanni also wanted to clarify with Dubre statements the trooper made to the grand jury regarding the time Mills allegedly drank the six beers on Sept. 2.

“Do you recollect telling the grand jury that Mr. Mills admitted to drinking six or seven beers that night?” Vanni asked.

“No, he admitted to drinking six or seven beers,” Dubre answered. “I couldn’t clarify whether it was that night or that day.”

Vanni then presented Dubre a copy of the Nov. 22 grand jury transcript of the Commonwealth vs. David Mills and asked him to read his testimony, which said “he (Mills) also admitted to drinking six or seven beers that night.”

Others who testified on Thursday for the commonwealth included Anna Scott, who told jurors she went to the accident with two others after it happened and went to see if Mills was OK before later noticing he “just disappeared” from the scene.

On Vanni’s cross, Scott said she had met the defendant in Fort Wayne, Ind., about three weeks earlier and did not see him again until the early morning hours of the accident, as well as testifying that she did not believe she could smell any alcohol on him.

Jason Walden, an EMS technician on the scene on Sept. 3, said he spent roughly 59 minutes trying to resuscitate Huff and tried to locate Mills but was unsuccessful.

KSP Trooper Toby Young, who did a reconstruction of the crash in question, testified that he believes the accident was ultimately caused by the failure of Mills’ vehicle to yield to the right-of-way of the other car, or that the Taurus was on the wrong side, and there was alcohol involvement.

“I felt like he (Huff) knew that he was trying to get out of the way and he couldn’t get out of the way,” Young said, adding that Huff’s car was all the way on its side of the road.

Kelsay testified that he was with Huff that early morning helping to deliver newspapers and that the victim was not speeding and remained on his side of the road.

Young also told Vanni that in the majority of the 23 fatality accidents he has investigated, he had an opportunity to examine the cars involved.

In this case, however, Young said he did not have an opportunity to look at the vehicles, but did use photographs Dubre had taken at the scene.

Before the end of the day, the defense put its first witness, Gary Piercy, on the stand.

The Fort Wayne resident testified that he has known Mills for 16 years and was visiting Tompkinsville on Sept. 2 and stopped at his sister’s, Jenny Piercy, house around 10 p.m.

Jenny Piercy had earlier taken the stand and told the jury that Mills also arrived at her home after 10 p.m. that night.

“He was drunk,” Jenny Piercy testified as to Mills’ state. “He had been drinking all day.”

Gary Piercy said Mills arrived at his sister’s home and had three beers with him.

The witness added that he drank one of those beers, another one wound up in his cooler and was unsure what happened to the third.

Piercy also said he was not certain if Mills was drunk or not and that the defendant was asked to leave because his sister was upset with him over “something to do with a girl.”

Mills took off on foot from the residence around midnight, according to Piercy.

Testimony in the case resumes today.