Kentucky Appeals Court revives murder case after judge's dismissal called fraught with legal errors

A Lexington murder case that was thrown out by a circuit court judge last year is headed back to trial.

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A Lexington murder case that was thrown out last year is headed to trial after Kentucky's Court of Appeals issued a scathing rebuke of the dismissal, calling it riddled with legal errors and suggesting the judge should recuse himself from the case going forward.

The unanimous ruling, announced Friday by Attorney General Russell Coleman, reinstates charges against Cornell Thomas, II, who had been indicted for wanton murder and leaving the scene in connection with a 2020 crash that killed Tammy Botkin.

According to the Attorney General's office, Thomas was driving nearly 100 miles per hour in July 2020 when he maneuvered around stopped traffic, ran a red light, and T-boned Botkin's vehicle. Prosecutors allege Thomas didn't apply his brakes before the violent collision that killed Botkin, then attempted to run before police apprehended him.

But in 2024, a Fayette Circuit Court judge dismissed the wanton murder indictment, citing lack of evidence and claiming Thomas had been unfairly prosecuted. The Attorney General's office, working with Fayette County Commonwealth's Attorney Kimberly Baird, appealed that decision.

The Court of Appeals didn't just reverse the dismissal- it delivered a 108-page opinion that pulled no punches. Written by a Lexington appellate judge, the ruling said the circuit judge dismissed the case in a way "fraught with legal errors and abuses of both its discretion and its authority." The decision identified "legal fallacies" in what it called the court's "errant rulings" and stated that the circuit judge's "recusal appears the only reasonable and appropriate solution" going forward.

"In our legal system, it's up to a jury to decide guilt," Coleman said in a statement. "In a major victory for the rule of law, the Court of Appeals forcefully identified the problems in the Fayette Circuit courtroom that denied the Botkin family the justice they deserve."

Baird, whose office will now prosecute the case, addressed accusations that apparently came from the bench during the original proceedings. "As a prosecutor and a Black woman, I was shocked when the judge accused my office, and me specifically, of a racially motivated prosecution," she said. "I swore an oath to uphold the law, and to treat every individual fairly and with respect. That's exactly what I do every day."

Baird thanked Coleman's office for their work on the appeal and said her team looks forward, "to prosecuting this case as quickly as possible in front of an impartial judge and delivering long-awaited justice."

The Lexington Police Department investigated the original case. Assistant Solicitor General and Director of Capital Litigation Chris Henry handled the appeal for the Attorney General's office.

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