Man sentenced for killing a teen in rock-throwing incident

Archie Ashley
Archie Ashley
Andrew Elliott's mother Kim Jarboe
Andrew Elliott's mother Kim Jarboe
Andrew Elliott (source: family photo)
Andrew Elliott (source: family photo)

LOUISVILLE, KY (WAVE) - Archie Ashley, 63, agreed to plead guilty Thursday and was sentenced to 15 years in prison for killing Andrew Elliott, 15, in October 2010.

Ashley had been charged with murder, two counts of wanton endangerment and tampering with physical evidence. As part of his plea, the murder count was amended to manslaughter.

Ashley will have to serve 85% of his sentence before he's eligible for parole.

Elliott was spending the night with friends in the Shawnee neighborhood. Ashley told police the three teens had been harassing him and throwing rocks at his home. Witnesses say Ashley told the kids to stop, then pulled out a handgun and fired two shots, one of them striking and killing Elliott.

Elliott's mother, Kim Jarboe, said outside of the courtroom Thursday that she was satisfied with the plea deal and the sentence. She said no amount of time was worth her son's life, but that because of Ashley's age, the sentence he received could amount to the rest of his life.

"I don't know if he'll even see 12-something years," Jarboe said. "He's supposed to have health issues or whatever. You never know. I mean he is 63 years old so you never know how that will play out. That might be the rest of his life."

Ashley's lawyer, Rob Chandler, said his client was not happy about the plea, but "it's business.  It's what he had to do given the circumstances."

Chandler said Ashley is remorseful about the shooting.

"He lives with it every day and he thinks about it the first time when he gets up in the morning," he said.

Assistant Commonwealth's Attorney Leland Hulbert said prosecutors made the deal because of concerns about picking a jury.

"He gave a statement to the police that talked about the kids harassing him and you know, we actually looked at a lot community feedback on this," Hulbert said. "There are people, I think obviously, people who have guns and feel the need to protect themselves, feel very strongly in their beliefs and that was a concern about picking a jury and obviously people have a right to bear arms but we think they obviously need to be responsible and Mr. Ashley was in no way responsible."

Jarboe said she will be at the hearing if Ashley ever makes it before the parole board.

She added her son is with her every day.

"My son's memory is never going to leave my mind," Jarboe said. "I have pictures ... I have memories of him so that's going to be around forever."

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