Judge Raymond Cavanaugh rejected a probable cause to continue Knox County Assistant State's Attorney Brian Kerr's indictment for murder in the shooting death of Xavier Hartman. However, because of the previous grand jury charges, the charge will remain in effect. I am not a lawyer so that may not be exactly right.
Anyway, on the night in question, Hartman and his buddy Glisten had been out drinking most of the day. Driving home with a .234 BAC, Hartman crashed his pickup truck, rolling it onto its side.
The two intoxicated young men bickered back and forth, drawing Love out of his house to see if they needed aid. They didn't. When Love went to call 9-1-1 to report the crash, Hartman attacked him. Seems little Xavier didn't want a DUI arrest.
Glisten testified today that when Hartman's been drinking he's violent and unpredictable. "Even is own mother's afraid of him when he's drinking," Glisten said at the hearing. Anyone want to wager that's why mom filed for the Order of Protection earlier this year?
Furthermore, Glisten said Hartman was looking for a fight that night, as he's one to do when he's drunk.
Hartman attacked Love, nailing him with a good punch. That's when Glisten ran. Somewhere about here, Glisten heard the gun rack and Love telling Hartman to get off him. Hartman pressed the attack and Love said he fired two warning shots.
Even after the warning shots, Hartman pressed the attack, and that's when Love tried to shoot Hartman. The round hit him in the leg and at that point, the struggle pretty much ended. Especially as the intoxicated Hartman's fight literally bled out of him.
Love told the deputies that he was worried Hartman was going to try to disarm him. Also, the defense introduced a photo of the injuries Love received in the confrontation. In short, Love got worked over.
Glisten needs to go into witness protection, because he utterly eviscerated the State's already weak case.
Is it any wonder the state wants a continuance instead of taking this flea-infested mangy dog of a case to trial?
Frankly, the voters ought to be outraged over the ASA pursuing this baseless case against an innocent man.
Way to go Kerr. Looks like your dreams of national fame and notariety are fading like the setting sun. Good riddance.
Watch this link from the Register Mail for a more formal update from this afternoon's hearing.
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