Retired Circuit Judge Tom Castlen will preside over the trial for Cylar Shemwell, one of two men accused of killing three people and severely injuring a fourth in a 2019 shooting on Audubon Avenue. Castlen also made a ruling in the case against Arnett Baines, the other man accused in the incident, keeping the death penalty on the table for that trial.
Castlen is stepping in on the Shemwell case for Circuit Judge Jay Wethington after he was put on medical leave. The trial is still expected to begin in June.
Shemwell, now 36, is facing three counts of murder alongside Baines, now 35, for the shooting deaths of Robert D. Smith Jr., 35; Jay Michael Sowders, 43; and Christopher Carie, 18. They both face a first-degree assault because a fourth person, Carman Vanegas, who was 35 at the time, was also shot in the head but survived.
Defense Attorney Leigh Jackson said they are ready to resolve the case for Shemwell and his family.
Castlen noted he is unfamiliar with the cases against Shemwell and Baines. Yet, with his history of serving on death penalty trials, he is confident the trial will still operate properly. He also does not foresee the trial being postponed.
“I certainly hope not. We’re proceeding as if it will be tried as scheduled,” Castlen said.
“We were truly hoping Judge Wethington would be able to see the case through to its conclusion. At least Judge Castlen has experience with death penalty cases … so he will be able to be up to speed and ready for our case to go to trial as scheduled,” Jackson said.
Commonwealth Attorney Mike Van Meter said he trusts this case will go smoothly in Wethington’s absence.
“The Commonwealth has no concern or issue with the change [in judges]. Judge Tom Castlen is certainly a well-qualified and experienced jurist,” Van Meter said.
With Wethington presiding, Baines’ trial was recently delayed to August 5 due to a motion to remove the death penalty.
The defense counsel argued that Baines underwent lead poisoning as a child, which led to a traumatic brain injury (TBI), therefore preventing his ability to face the death penalty.
Castlen’s order on Thursday denied the exclusion of the death penalty. When asked his reasoning, Castlen noted he could not speak on the case’s specific facts.
“I’ve got to be very careful not to talk about any particular case,” Castlen said.
Castlen and his brother Joe routinely fill in for judges throughout the Commonwealth as part of the Retired Judge Program’s Senior Status. The appointments are typically throughout Western Kentucky, including locally. The two filled in for Judge Julie Hawes Gordon after she was removed from her seat in 2022.
Castlen said he does not know how long he’ll be filling in for Wethington. Appointments are only made for 30 days at a time but new requests can be filed each month.
