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Lincoln shooting case heads to grand jury

April 09, 2009|TODD KLEFFMAN

STANFORD - The man charged with attempted murder for shooting his beer-drinking buddy in the stomach waived his preliminary hearing Thursday in Lincoln District Court. The case now heads to a grand jury.

John T. Martin, 21, of McKinney was arrested March 29 at his home on Peck Hollow Road, where he had earlier been drinking with Jimmy Berry before allegedly shooting him once in the stomach from close range with a small-caliber rifle.

"This wasn't a long-range sniper attack, it was hand-to-hand combat with a rifle," County Attorney Daryl Day said.

Berry remained in the University of Kentucky Chandler Medical Center on Thursday. His injury is no longer considered life-threatening, Day said.

Martin has been in the Lincoln County Regional Jail since his arrest. District Judge Bill Oliver cut his bond in half, to $50,000 property or $25,000 cash, at Thursday's hearing and prohibited him from having any contact with Berry.

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Kentucky State Police initially reported that the shooting happened after an altercation over Martin's girlfriend. Day said Thursday that he didn't know what sparked the shooting.

"I don't know what caused them from drinking beer together to one of them shooting the other one," he said.

The prosecutor said he anticipates the charge against Martin to change from attempted murder to first-degree assault when it gets before the grand jury.

Both charges carry the same potential penalty, Day said, but assault is easier to prove in court than someone's intentions to kill.

The next Lincoln County grand jury session is April 24.

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