The lawyer for a Danville man accused of gunning down his neighbor in a property dispute argues that his client should not be held responsible for the death in a civil lawsuit filed by the dead man's widow.
Attorney Ephraim Helton, who represents Jack Caldwell Sr. and several family members, maintained in a response filed Friday in Boyle Circuit Court that James Trachsel's death was caused by his own actions.
"... the alleged injuries and damages claimed by the plaintiff, if any, were caused and brought about, in whole and/or in part, by the negligence and/or intentional acts of James D. Trachsel," Helton states as one of several defenses to the wrongful death claim filed earlier this month by Bonnie Trachsel.
Helton asks that the case be dismissed.
Caldwell, 79, is charged with murder in the shooting James Trachsel to death on Aug. 22, while he was mowing his lawn on Boone Trail. Police say Caldwell shot his next-door neighbor five times with a .22-caliber rifle over a long-running dispute concerning property lines and drainage issues.