HARRODSBURG — The widow of a man gunned down inside his Herrington Lake home last year has filed a wrongful death lawsuit against the man accused of killing him.
Maryann Dacci filed the complaint last week in Mercer Circuit Court against John Michael Kelley, who is charged with murder in the Dec. 21 shooting death of John “Bud” Dacci. Kelley, 52, of Lexington, also is charged with attempted murder for allegedly shooting Maryann Dacci multiple times and Tazing her when he invaded the couple’s home.
After an evaluation, Kelley was declared incompetent to stand trial in the criminal case in July by Mercer Circuit Judge Darren Peckler, who ruled that injuries Kelley suffered when he shot himself in the head the day after Dacci’s death rendered him unable to aid his lawyers in his defense.
Peckler stated, however, that Kelley’s mental capacity may improve with time and ordered a re-evaluation next year.
Attorney Luke Morgan of Lexington, who filed the lawsuit on behalf of Maryann Dacci, said Wednesday that the civil case isn’t likely to move forward until after the criminal case is resolved.
“Maryann filed this action to protect all of her rights in regards to this horrific circumstance,” Morgan said. “I’m expecting the criminal case will take precedence over the civil case. We are waiting for a final determination” on the competency issue.
The complaint seeks an unspecified amount of compensatory and punitive damages for John Dacci’s pain and suffering, medical and funeral expenses, and loss of wages. Maryann Dacci is entitled to damages for trespass, assault, false imprisonment and intentional infliction of severe emotional distress, the lawsuit maintains.
A¿motive for the shootings has not been revealed. Kelley and John Dacci previously worked together in Dacci’s heating and air conditioning business in Lexington.