A new date still has not been set for the murder trial of Cylar M. Shemwell, one of two men who faces the possibility of a death penalty in connection to a 2019 shooting that killed three people and injured a fourth person on Audubon Avenue. The trial was originally scheduled for June but was postponed, and it will likely be pushed back to 2023.
Shemwell, now 35, appeared in court Thursday morning with the potential of a trial date being set. However, because more motions are expected, another pretrial court appearance was scheduled for Sept. 19; no trial date was determined due to the number of other trials and the steps that must still be completed in this case.
Shemwell and Arnett B. Baines, now 33, are both face counts of murder and one count of first-degree assault. They are charged in the shooting deaths of Robert D. Smith Jr., 35; Jay Michael Sowders, 43; and Christopher Carie, 18. The fourth person, Carman Vanegas, who was 35 at the time, was also shot in the head but survived.
After detectives retrieved video footage from the residence, as well as statements from those who had information about the case, the Owensboro Police Department arrested Baines and Shemwell for their involvement in the homicides.
Daviess Commonwealth Attorney Bruce Kuegel is seeking the death penalty for both Baines and Shemwell. Though the Commonwealth requested to try the defendants at the same time, Circuit Judge Jay Wethington ruled that they would be tried separately due to the difference in the cases.
According to police reports and pretrial hearings so far, Baines is believed to have been the shooter while Shemwell only watched. Baines also faces additional charges for the incident.
