Lexington, Kentucky (WKYT)-On Tuesday, we heard emotional testimony from Ben Shemwell, who recalled the day his 4-year-old son Marco died after being knocked down by a car.
“It was very chaotic. I was by my side. I was the most helpless ever. I really didn’t know what to do,” Ben said.
Jacob Heil was tried for allegedly driving under the influence and hitting Marco while he and his family were walking along Cooper Avenue.
“We had a silver car approaching us. For me, it was halfway from the street, approaching us, obviously not trying to stay on the street. So we hardly had time to make way,” Ben said .
Chase Dawson said he was in the car with Haier. He told the court that he had not seen the car accident, only heard it because he was sitting in the back seat and playing on his cell phone. When asked if he knew what Haier had hit, Dawson said yes, but he didn’t know what it was.
But what Dawson said in court did not match what he said at the scene on September 15, 2018. The police body camera video showed Dawson describing what happened.
“Do you remember that the police officer told you that day when the police officer interviewed you, you saw that child, that father, and that child started going out. Did that child just get hit? Do you remember that sentence?” the defender asked.
“No, I don’t. I remember that I thought he asked me what happened and I told him what happened instead of what I saw. I think this is where I am confused,” Dawson replied.
The defender then asked: “Do you remember that you didn’t know how far he was on the road, but did you see his father trying to pull him back?”
“I don’t remember,” Dawson replied.
On Wednesday, the jury will be taken to the scene of the crash on Cooper Drive. The closing statement is expected to be published on Thursday.
Copyright 2021 WKYT. all rights reserved.