SCOTTSVILLE – Sentencing of an Allen County man who has admitted guilt in the deadly shooting of his brother-in-law was continued to next week after some late filings in the case.
Kalob Carter, 28, of Adolphus, is awaiting sentencing on a charge of reckless homicide.
Carter pleaded guilty to the count, which stemmed from the Feb. 23, 2016, death of Ernest Matthew Davis, 30, of Scottsville, who was shot at his residence.
Carter was charged initially with first-degree manslaughter and had claimed he acted in self-defense as he intervened during an argument between Davis and his wife, who is Carter’s sister.
Final sentencing had been set for Tuesday, but Allen County Commonwealth’s Attorney Corey Morgan submitted copies of letters from Davis’ surviving relatives that function as victim impact statements.
After receiving the copies, Allen Circuit Judge Janet Crocker continued the sentencing to Sept. 17 to allow Carter and his attorney, Alan Simpson, adequate time to review them.
“I want to make sure the victim’s family recognizes that they’re heard in whatever way they choose to be heard,” Crocker said in court.
Simpson indicated he planned to argue at the sentencing hearing for Carter to be placed on probation.
The plea agreement Carter reached with prosecutors following a series of criminal mediation sessions recommends that Carter serve 60 days in jail of a five-year sentence, pay a $1,000 fine and be allowed to go on work release while incarcerated.
According to prior court testimony, on the day of the shooting, Carter had traveled to his sister and brother-in-law’s house to bring cigarettes to his sister when he heard the couple having a verbal argument in the bathroom.
During a police interview, Carter said his sister, Angie Davis, yelled his name and called for him to help her, Kentucky State Police Detective Jason Lanham testified in a 2016 preliminary hearing.
Lanham testified that Carter recounted Matt Davis had been hitting his wife.
Angie Davis told investigators the argument with her husband hadn’t gotten physical, and she didn’t recall yelling for her brother to intervene, Lanham testified.
Carter, who had a concealed-carry permit, intervened and got into a physical conflict with Davis.
Simpson said Carter’s jaw was broken during the struggle and Davis attempted to get the gun away from him just moments before the shooting.