LAUREL COUNTY, Ky. —
“Mr. Chumbley said he was her only full time caregiver and he said she had asked him more than once to kill her,” he added. “That night she told him again. He got the gun from his closet - they had two closets - and it was an Italian made gun, a .32 caliber. He said they’d watched a movie. She told him she had a doctor’s appointment in Lexington on Tuesday or Wednesday and asked him to reschedule it.
“He said she said she just wanted it over with. He told me he had “no excuses for what I did. I shot her twice.” When I asked him if they had discussed it before, he said it was not specific,” Loomis answered to Cessna’s questions regarding the events leading to the shooting.
Loomis testified that a shot glass was found on a swing in the yard of the Chumbley residence where a fire was burning in a fire pit. Inside in the home, in the bedroom beside Virginia Chumbley’s bedside table, was another empty shot glass. However, Loomis said neither a breathalyzer test or toxicology test was not performed on Ernest Chumbley after the shooting death.
“Have you found any evidence of violence such as an EPO or DVO?” Cessna questioned.
“Not yet,” Loomis answered. “We talked to the victim’s sister, but there was no witness at the scene and we talked to one neighbor who said he didn’t hear anything.”
With that testimony, Cessna then presented a motion before Laurel District Judge Wendell “Skip” Hammons to dismiss the murder charge or amend the charge to assisted suicide. He quoted Kentucky Revised Statute 216.302 which addresses the issue. That statute specifies that: 1. A person commits a Class C felony when the person knowingly by force or duress causes another person to commit or to attempt to commit suicide. 2. A person commits a Class D felony when the person, with the purpose of assisting another person to commit or to attempt to commit suicide, knowingly and intentionally either: