Probus out on bond, attorney says he can prove immunity - wave3.com-Louisville News, Weather & Sports

Probus out on bond, attorney says he can prove immunity

Kenneth Probus (Source: WAVE 3 News) Kenneth Probus (Source: WAVE 3 News)
Leland Hulbert (Source: WAVE 3 News) Leland Hulbert (Source: WAVE 3 News)

LOUISVILLE, KY (WAVE) - The case of a police detective and a homeowner shot in Shively went back to court Tuesday, and now a judge will have to determine if the January case should go to trial. 

Kenneth Probus, the man who shot Shively Detective Wes Singleton in the legs, just got out of jail on Friday after making bond. Tuesday his attorney and prosecutors asked the judge to look at more evidence before allowing the case to move forward.

"We can discuss how to proceed on this immunity issue," Judge Judith McDonald-Burkman said to attorneys.

In the case of immunity, McDonald-Burkman allowed more time for more evidence. Probus’ defense attorney Leland Hulbert says there shouldn't be a trial, because by law, Probus had every right to defend his home.

Hulbert claims in just the last 10 days, he's gotten evidence that proves Probus, a Marine and former EMT, had no idea the men in street clothes busting through his locked door were undercover officers serving a warrant for Loretta Harris, one of his roommates

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Harris told police she had meth, but she also said Probus, who worked second shift, knew nothing about it.

In interviews with investigators Harris told them of Probus, "No, Kenny doesn't do any drugs, he doesn't do any drugs at all." 

Hulbert said after the hearing, "A lot of things were done incorrectly by the Shively police and I don't think they investigated long enough, I don't think they did a lot of background research." 

Hulbert told the judge the 911 call Probus made after he was shot several times by police proves he had no idea what was happening.

Harris claims when officers went into the house they did not identify themselves, but those fellow officers told investigators that is not the case as they heard the detective shouting out “police.”

"The whole time, throughout the house we're in there," one officer said, "’Police search warrant, police search warrant.’"

Assistant Commonwealth's Attorney Andrew Beckman said of the detective who was shot in the line of duty, "It's truly amazing that he survived, and the Commonwealth is glad to see that he is back on the job and he's walking."

WATCH: Connie Leonard’s report

Beckman said of physical therapy for the officer, "it seems pt (physical therapy) has been very successful."

Beckman said he can't comment on the evidence. The judge set a date of Sept. 30 for both sides to
present their case to her so she can review it and decide if the trial should go forward as scheduled Oct. 11.

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