WAVE 3 continues to investigate evidence in Germantown murder case

LOUISVILLE, KY (WAVE) - It's been just a little more than three months since a fight turned deadly at a Germantown festival. WAVE 3 continues to look into the Gary Muncy case.

In the case file obtained by WAVE 3, another 911 call detailing what a witness saw that day.

"911 what is your emergency?" said the operator.

"I'm at the corner at Burnett and Hickory," said the witness on the scene.

On September 24th, the intersection in the Germantown neighborhood had many in panic.

"We are at the Schnitzelburg bar walk," said the witness. "There was a fight and a guy got punched and he is just laying in the middle of the road. He's kinda not conscious."

Police say the man that threw the punch is Gary Muncy. The man he hit was Donald Smith Jr.

"Is the person who assaulted him nearby?" said the operator.

"No, I think he walked away," said the witness.

"Is there any serious bleeding?" said the operator.  

"From his mouth," said the witness.

Muncy was initially charged with assault. That charge was upgraded to murder after Smith died hours later.

In November, WAVE 3 obtained a police interview with Muncy.  

"I don't know what is gonna happen I'm afraid, I hurt somebody tonight," said Muncy in a police interview obtained by WAVE 3.

Muncy told investigators he was attending the Schnitzelburg walk with his family and girlfriend and two men were harassing his mother and his cousin who is hearing impaired.
     
"I got into a fight," said Muncy. "I swung on one guy and missed. I connect and hit the other guy. I wasn't going after. The guy was F***** with my mom I pushed him off. The other guy was being aggressive I swung at him and hit him too and hit the other guy. I didn't go after this guy intentionally. Number two is the one I wanted to beat the living S*** out of."

In the case file obtained on Tuesday, there was also police video of the crime scene as detectives pieced together the investigation.   

Muncy was released on bond, just days after he was charged with murder. He goes back to court in January.


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