Judge Mitch Perry listening to arguments during the Herbert Lee hearing.
LOUISVILLE, KY (WAVE) - Herbert Lee will have to wait two more weeks before he learns if he's going to prison for the rest of the year.
Lee got out of custody in December after serving time for stealing a car, then crashing it during a 2008 police chase killing his four teenage passengers. He was arrested again last week for auto theft.
When the now 20-year-old Lee was sentenced back in 2010, Judge Mitch Perry sentenced him to one year in custody in a juvenile facility and one year probation. Now the state said he's violated that time he's spent out of custody and he needs to be behind bars.
It was 2008 when, at age 16, Lee picked up twin brothers Jemar and Demar Claybrooks, also 16, their younger brother Marc, 14, and a friend, 15 year-old Aaron Shields from a Youth Alive event in a stolen car. When police tried to pull Lee over, he took off eventually crashing into a tree. All of his teenage passengers were killed.
When Lee was released from custody in December, he apologized to the families, but by July he was in trouble again. Lee was picked up on July 5 when police say they found him with a stolen Camaro taken from an airport rental center.
Lee's arrest not only put him in jail, but back in front of the same judge who has to decide if he violated his probation. "We have information that he's violated the conditions of his release," explained Assistant Commonwealth's Attorney Kristi Gray, "and will present that evidence to the judge." That evidence is the charge that he committed a similar crime as the one that led to the deaths of the Claybrooks brothers and Shields.
If Judge Perry decides there is evidence he violated his probation, Lee would have to serve out the nearly five months left on his probation. However, because he's no longer a juvenile, Lee would do that time in prison.
Lee's sister, cousin and friend were in the courtroom for the hearing. They didn't have much to say as they left, only that they think he should be out of jail. Lee will be back in court on July 27.