Can a Judge Throw Out a Case for Overcharging? Kentucky Supreme Court to Decide

The Kentucky Supreme Court has agreed to review Commonwealth v. Cornell Denmark Thomas II, a Fayette County case that raises a question defense lawyers see often: what can be done when a person believes they have been charged with more than the facts support?

The background

The case arises from a June 2020 crash in Lexington that killed Tammy Botkin. Mr. Thomas was charged with wanton murder. In 2023, Fayette Circuit Judge Julie Goodman dismissed the charge, reasoning that he had been overcharged because of his race. In December 2025, the Kentucky Court of Appeals reversed, finding the order contained serious legal errors. On September 16, 2026, the Kentucky Supreme Court granted discretionary review (Kentucky Lantern).

Why it matters

Motions claiming selective or improper prosecution are difficult to win, and the Court of Appeals found the dismissal here went too far. But the Supreme Court's opinion may clarify the standards Kentucky courts should apply to these motions, which often rely on federal constitutional law. If the Court of Appeals decision stands, the case returns to circuit court and the prosecution resumes.

The takeaway

The charge listed on the paperwork is the starting point, not the final word. Defense attorneys regularly challenge whether the evidence supports the level of the charge, whether it should be reduced, and whether the prosecution was brought properly. If you are facing charges in Kentucky, contact the Law Office of B.J. Early, PLLC to schedule a free consultation.

This post is for general information only and is not legal advice. Past results do not guarantee or predict a similar outcome in any future matter.