After appearing before Judge Bruce T. Butler on August 27th, the charges against Mercer were reduced from murder and persistent felony offender in the first-degree to second-degree manslaughter and persistent felony offender. The charges of failure to render aid and unauthorized use of a motor vehicle were dismissed.
Mercer was originally charged on September 18, 2006, in the death of James “Tommy” Lindsey after Lindsey's body was found by a newspaper delivery person in the Fountain View Estates subdivision in Leitchfield.
Lindsey's parents and sister made statements at Mercer's sentencing hearing.
“That was the most horrific day of my life,” said Lindsey's mother, Patsy Lindsey. “Mercer ran over my son, crushing his back and head and I will forever have that image in my head.
“I hope you spend the next 18 years with the same image in your head.” Lindsey to Mercer.
Mercer's lawyer, Harolyn Harrell, then added the statement, “This was indicted as a murder case and it was not a murder case. There were five people involved and all were drinking and driving, including Lindsey.
“Mercer does not even remember what happened, but because the evidence says he did it and he wants to save the family from a trial he pled guilty. Mercer will forever live with the fact that he killed his friend. Their drinking that night and (their) actions caused his death.” said Harrell.
Judge Butler sentenced Mercer to 18 years confinement under the supervision of the Kentucky Department of Corrections without being given parole.
“I will not grant probation and I know you have not asked for it,” said Butler. “There is substantial risk that you will commit a crime during the period of probation and that you are in need of correctional treatment that can best be provided by a correctional institution and any other disposition will unduly depreciate the seriousness of the defendant's crime.”
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