Second-degree reckless homicide is the charge against an inmate allegedly responsible for the beating death of Rigoberto Jacome.
Charles Finley Jr., 27, of Ashland, is facing a grand jury indictment in connection to the April 20 incident at the Carter County Detention Center.
The altercation between Finley and 21-year-old Jacome immediately sparked an investigation by Kentucky State Police in Ashland.
Detective Eric Kouns consulted with Commonwealth Attorney David Flatt and then presented his case Friday to the grand jury. “We let the jury hear the evidence and allowed them to decide the charge,” Flatt commented Thursday. “
The fight broke out about 5 p.m. and was reported by Jailer Randy Binion to have lasted only 30 seconds. Jail officials first transported Jacome to the Bellefonte Hospital, but less than two hours later he was taken to KDMC. He underwent brain surgery and then was placed into the intensive care unit. Jacome succumbed to his head injuries at 6:30 p.m. April 26.
Jacome was arrested March 2 on charges of second degree-burglary and third-degree trespassing, involving an incident with his alleged girlfriend in the 400 block of Dixie Street in Grayson. The citation report states that Jacome was using the name Emmanuel C. Reyes while living at 237 Woodside Street in Olive Hill.
District Judge Rupert Wilhoit set Jacome’s bond at $20,000 full-cash. He had remained in jail since his arrest.
Jacome’s body was taken to the Kentucky Mortuary in Lexington and will be sent back to Mexico once authorities release the death certificate.
Father Lawrence Goulding, sacrament minister, for the Saints John and Elizabeth Catholic Church in Grayson said enough money had been raised to pay for the funeral and to transport the body.
Under the Kentucky Penal Code, a person is guilty of reckless homicide when, “with recklessness he causes the death of another person. A person is acting recklessly if he fails to perceive a substantial and unjustifiable risk, and the risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.”
These are the questions the jury will be posed with should this case go to trial.
Second-degree reckless homicide carries the penalty of a Class D felony. If convicted Finley faces one to five years in prison.
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