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Commonwealth moves to dismiss appeal of Howes case

Published: Aug. 29, 2011 at 11:41 PM EDT|Updated: Sep. 23, 2011 at 6:56 AM EDT
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Steve Pence
Steve Pence
Bart Adams
Bart Adams
Scene of the shooting on the morning of September 16, 2010
Scene of the shooting on the morning of September 16, 2010

LOUISVILLE, KY (WAVE) – The Commonwealth Attorney's Office has filed a motion to dismiss the appeal in a shooting involving two former University of Louisville athletes.

The motion, whichw as filed August 3, comes 10 1/2 months after Daniel Covington was shot to death. Louisville Metro Police ruled the 23-year-old former UofL football player's death a case of self-defense. Isaiah Howes, a former baseball Cardinal, was never charged.

On the morning of September 16, 2010, LMPD said Howes shot and killed Covington when the former football player illegally entered Howes car and began punching him and his brother, Joseph Vessels.

Judge Barry Willet originally ruled Howes had immunity from prosecution under state law because the Castle Doctrine states deadly force can be used when someone breaks into your home or car.

However, Commonwealth Attorney Dave Stengel had agreed with Daniel Covington's mother and her attorneys that an Appellate Court should decide the outcome in this case. According to them, Stengel even saw some new evidence they say was uncovered by a former FBI agent working for Donna Covington, Daniel's mother.

Attorney Steve Pence, who represents the Covington family, said Stengel was on board with the appeal and he is shocked at his apparent change of heart.

"Former Supreme Court Judge Justice Keller has joined us in this matter. He believes there should have been a hearing. He believes the law requires it, that there's been a misinterpretation of the law," said Pence. "He argued forcefully with Dave and agreed with me at least we take this matter forward to have the Court of Appeals look and see if matter, a shooting like this, can simply be dismissed with no hearing."

"They pursued this as far as they could and made the decision that they couldn't go any further, that the facts were such that my client should not be charged," said Bart Adams, Howes' attorney.

We wanted to talk with Stengel about all this, but were told he is ill and unavailable.

Copyright 2011 WAVE News. All rights reserved.