Murder suspect asks for GPS release; trial and court dates set

Friday, May 17, 2013
By admin
Ralph Allyn

Ralph Allyn

Two high-profile murder cases had status hearings last week and one suspect could be released soon. Ralph Allyn and Terrance Wagner were both in Powell Circuit Court last Wednesday as part of the regularly scheduled motion hour. Both men are facing murder charges stemming from two separate incidents within 12 hours of each other.
Police were called to a home on First Avenue in Clay City about a stabbing. When officers arrived they found Kelly McCoy, 50, dead lying on the floor of his home. Police quickly took Wagner into custody.
In a hearing held on Jan. 29 Kentucky State Police Detective Virgil Rucker told the court that Wagner stated to them in an interview after his arrest that McCoy and him were arguing over a woman. He also stated that at least three other people may have been present at the time of the stabbing.
Rucker stated that Wagner indicated that McCoy pushed him onto a couch two or three times.

Terrance Wagner

Terrance Wagner

Wagner then allegedly grabbed a butcher knife from the kitchen and stabbed McCoy. Those present apparently left quickly and called for help. Wagner also told officers that both he and McCoy had been drinking that day.
Wagner was arrested and charged with murder. His bond was set at $195,000 cash.
Back in February in his attorney, Lisa Whisman, reminded the court of a discussion about how Wagner was not much of a flight risk due to his age and health. She requested that the bond be modified and that Wagner could possibly wear an ankle monitor.
However, at that time Commonwealth Attorney Darrell Herald disagreed saying that the crime “is of a serious nature.” Herald opposed any reduction in the bond.
Powell Circuit Judge Frank Fletcher stated he would take the bond reduction request “under advisement.”
But during last Wednesday’s appearance when Whisman again asked about the possibility of the GPS ankle monitor Fletcher inquired as to whether or not Wagner could afford the cost. Whisman advised the court that her client had indicated he could. Herald took no position on the renewed request.
Wagner’s trial is set to begin on Aug. 15. he is due back in court on June 5.
Allyn was charged with shooting his girlfriend some 12 hours after Wagner allegedly committed his crime. Police say they received a call from Allyn stating he had shot Barbara Martin in their home on Lower Cane Creek northeast of Stanton.
When officers arrived and finally convinced Allyn to come out, they found Martin, 64, lying in her kitchen floor face down.  Testimony at a hearing late last month found that Martin had been shot with a .44 magnum. She was hit once in the neck and once in the chest.
Allyn has already been sent to the Kentucky Corrections Psychiatric Center in LaGrange for a mental evaluation. Those finds have been returned, but are sealed in the court file. Attorney’s for Allyn stated that the “raw data” has not been returned yet.
The attorney’s also told the court last week that Allyn is considered 60 percent disabled by the Veterans Administration. At least 50 percent of that reportedly is due to post traumatic stress syndrome and hearing issues.
Allyn’s attorneys indicated last week they were still waiting for a record from KCOC and had just received approximately “10 pounds” of photos in the case. They also asked for another evaluation to be conducted by their doctor. {According to court records Allyn was evaluated at KCPC and was found to be competent.}
Allyn’s request for a bond reduction was denied by Fletcher. It currently stands at $195,000. He is due back in court on July 17.

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