On Wednesday, the Daviess County grand jury indicted the two men accused of killing three people and severely injuring one in the Audubon Avenue shooting that occurred on Jan. 17. Arnett B. Baines, 30, and Cylar L. Shemwell, 31, were each indicted on three counts of murder and assault in the first degree.
Baines was additionally indicted on torture of a dog or cat resulting in serious physical injury or death, which on its own is considered a Class D felony. According to District Court documents, this charge was added to Baines’ name when, without legal justification, he intentionally shot a domestic dog, resulting in its death.
Baines was also charged with two counts of tampering with physical evidence. Court documents reveal that, Baines twice removed concealed physical evidence, in believing that an official proceeding was pending or about to be instituted.
The case was waived to the grand jury on Feb. 1 and, according to court documents, Baines and Shemwell have both pleaded not guilty to the crime. Surveillance cameras were discovered inside the Audubon Avenue residence, and Owensboro Police Department detectives have said the video footage shows incriminating evidence that proves Baines’ and Shemwell’s involvement in the shootings.
In an affidavit filed for a search warrant, compiled information explains that both Baines and Shemwell match the descriptions of the subjects recorded on video surveillance. The affidavit also states that Baines was initially uncooperative with investigators prior to the video surveillance being retrieved.
After the interview ended with Baines, investigators watched the surveillance footage and observed two black males brandishing handguns. According to the video footage, investigators determined that both men were acting together, and that they were the subjects responsible for the four shootings that occurred in the basement of the Audubon Avenue residence.
In the affidavit, investigators say clothing worn by the subjects helped in proving Baines and Shemwell were the two involved in the murder of Jay Michael Sowders, 43, Robert D. Smith, 35, and Christopher Carie, 18, as well as the first-degree assault of Carmen R. Vanegas, 35. Shemwell was observed to be wearing the same pair of jeans during the actions taking place on the video footage and his subsequent questioning by police. Shemwell was also wearing a large circular watch and various rings on both hands in both the video footage and during the interrogation process.
Court documents show that over 90 pieces of evidence, including fingerprint lifts, were taken from both the scene and from the residence where Baines and Shemwell were discovered after the shooting.
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