Pacheo appears before grand jury

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July 26, 2008

Facing reckless homicide charge in hit-and-run

By BRAD DICKERSON The Glasgow Daily Times Sat Jul 26, 2008, 03:29 PM CDT

The case of an Hispanic man charged in connection with the hit-and-run death of volunteer firefighter Lloyd Mabry will be moved to the grand jury.

Jorge Rodriguez Pacheco, 19, aka Norberto Figueroa Ortiz, is charged with reckless homicide, tampering with physical evidence, leaving the scene of a crime and failure to report an accident.

Appearing before Barren District Court Judge John Alexander for a preliminary hearing on Friday, Pacheco required the assistance of interpreters as Commonwealth’s Attorney Karen Davis and defense attorney Greg Berry asked questions of Barren County Sheriff’s Department Deputy Matt Mutter, one of the officers who investigated the June 20 accident on Peters Creek Road.

Mabry was struck by another vehicle while he was riding his motorcycle. He died from his injuries at Vanderbilt Hospital on June 30.

Mutter testified that pieces of the vehicle and its front bumper were found on the roadway when law enforcement arrived on the scene.

Based on markings found on the bumper, Mutter said the vehicle in question appeared to be an early 90s Honda.

Sheriff Chris Eaton eventually responded to a residence on Jeff Hicks Road in the Austin community after receiving information that the car in question was seen at the home, according to Mutter.

Photos of the car, a green Honda Accord, which showed two Hispanic males leaning against it, were discovered at the home, Mutter said.

The car was soon found in a barn near the house and authorities continued searching for the persons of interest in the case.

On July 11, according to Mutter, he, Detective Rusty Anderson and deputies with the Palm Beach County, Fla., Sheriff’s Department found Pacheco, his brother Jose and their parents in a mobile home.

Mutter alleged that Jorge Pacheco admitted to driving the Honda on the day of the accident, and that his three other family members – all in the car – corroborated that confession.

Pacheco waived extradition and was returned to Barren County on July 16.

On cross examination by Berry, Mutter said he could not testify as to whether alcohol or drugs played a factor in the accident. The occupants of the car all denied any such use.

During redirect by Davis, Mutter said there did not appear to be insurance on the Honda and Pacheco did not have a valid driver’s license, which was why he fled the scene.

Berry did put on any proof during the hearing, but did make a statement.

“I don’t think there’s any evidence whatsoever of reckless conduct here,” he said. “I think that an extremely tragic, unfortunate accident (happened).”

Alexander ruled that probable cause had been shown and the case will now go before a grand jury.

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