LOUISVILLE, KY (WAVE) - The man accused of shooting and killing a teen over the weekend faced a judge Monday morning and pleaded not guilty. Sixty-two-year-old Archie Ashley is charged with murder, wanton endangerment, and tampering with physical evidence.
Ashley is accused of firing two shots at three teens. One of the bullets hit 15-year-old Andrew Elliott in the back and killed him. Officers found Elliot dead in an alley off S. 41st St.
Police say the 3 boys were throwing rocks at Ashley's home and car. On the third time, police say Ashley pulled a revolver from his pocket and fired two shots.
In court Monday morning, his lawyer asked a judge to order that the Commonwealth preserve all the evidence in the case. The judge agreed the commonwealth has that responsibility. "They may not maintain it. I don't know that they will. Courts enter orders like this all the time so you can do that. What's the harm? They should preserve it anyway," Defense attorney Rob Chandler said.
Records we picked up say Ashley threw away the shell casings from the gun and police couldn't find them. The report also shows police found the gun in the bathroom.
Ashley is in jail on a $500,000 cash bond. If he is released, he'll be ordered not to have a gun.
Neighbors in the Shawnee neighborhood are still in shock about what happened.
"He came out and just told them don't be throwing rocks at his pick-up truck," said Toya Jackson.
They say other teens have stirred up trouble here, which may explain Ashley's rage.
"Protecting his home; I mean he worked hard for his house. He was taking care of his mother and she's 87," Jackson said.
WAVE 3 News did some digging and learned this isn't his first time he's been behind bars. In addition to several traffic violations, he's also faced several marijuana-related charges. Now he's facing a murder charge.
"It's a no win situation. He's sitting down there with a murder charge and parents of a young man have to prepare for a funeral," a neighbor who didn't wish to give his name said.
Elliott's emotional step-grandmother spoke to WAVE 3 News about the loss of her grandson.
"[Ashley] shot him in the back! He just flat shot him in the back," Peggy Jarboe exclaimed while fighting back tears.
"He was just going for a sleep over that's all. These were friends he went to school with all his life," Jarboe said.
But that all changed when Elliott and his two friends left to go to the store. Police reports indicate the group threw rocks at Archie Ashley's car and home.
"Teenagers tend to do silly things and I can't say that he even threw a rock I don't know I wasn't at the scene, but that is still no reason for a 62-year-old man to shoot a 15-year-old teen in the back. There's no call for that," Jarboe said.
Elliott was an Iroquois High School sophomore, choir member, football player, and planned to try out for the basketball team.
While his suspected killer may have pleaded not guilty in court Monday, Elliott's family says that isn't good enough.
"I want this man to get the death penalty. That's exactly what he deserves," Jarboe said.