The Times-Tribune
CORBIN — By Carl Keith Greene / Staff Writer
James Peters, 33, was sentenced to 30 years in prison Monday by a Laurel Circuit Court jury who found him guilty of manslaughter in the death of Mike Bailey.
Peters was thought to be fleeing from a sheriff’s deputy, on suspicion of carrying ingredients to make methamphetamine, when he crashed his car and killed Bailey, his passenger.
Peters was arrested in the early hours of Nov. 20, 2008 after he flipped the 1989 Mercury Cougar he was driving on Feltner Steer Road off KY 30, northwest of London.
In January 2009, he was indicted for murder, fleeing law enforcement, having no driver’s license and driving under the influence of intoxicants as well as being a persistent felony offender.
According to testimony of Laurel Deputy Sheriff Richard Sapcut, just before 3 a.m. that Thursday morning, he spotted two vehicles at what he called a known drug house near the intersection of KY 30 and KY 3094.
Sapcut said Peters’ vehicle turned left from the road and headed northeast, and as it turned, it fishtailed.
Sapcut gave chase.
According to Peters’ testimony, he was heading for the Twin Branch community with his passenger, Bailey.
Peters said he turned right onto Feltner Steer Road, which Peters described as the back way into Twin Branch.
Sapcut had testified that he got near enough to Peters’ car to read the license plate number and called it in to dispatch. Then he turned on his siren and blue lights, and seconds after that Peters’ vehicle rolled over twice and landed in a pasture.
After the wreck, Peters was reportedly found in the front passenger seat and Bailey, 37, was found in the back seat of the vehicle.
Bailey was pronounced dead at St. Joseph hospital in London.
A large machete and two backpacks were said to have been thrown from the vehicle. They reportedly held tanks thought to contain chemicals used in the making of methamphetamine.
After the Commonwealth rested its case, Peters testified.
He called Bailey his best friend, one he had known for 10 to 15 years.
Peters said when he had made the turn on to KY 30, he used his turn signal and did not fishtail.
And, he said, he did not know that Sapcut was pursuing him.
“I was not trying to run from the police,” he said.
Once he had made the turn onto Feltner Steer Road he still hadn’t seen Sapcut behind him, he testified. He also said it was impossible for the Cougar to travel more than 65 miles per hour because of a faulty transmission.
Under questioning from his lawyer, Cotha Hudson, Peters said he was “roughly” removed from his car.
He said he was not under the influence of meth, having not taken any for the past 12 to 16 hours.
In cross examination by Commonwealth’s Attorney Jackie Steele, Steele asked, “Could meth have caused you to wreck?”
Peters replied, “No, in my opinion I was in pretty good shape.”
In rebuttal testimony, Steele put Sapcut on the stand again and played a recording of the radio conversation Sapcut had with the dispatching center. On it could be heard Sapcut confirming the license number and turning on his siren.
About 15 seconds later Sapcut could be heard saying Peters’ car had wrecked.
After closing remarks from the lawyers, the jury was out for about 40 minutes and came back naming Peters guilty on all four counts. When sent back to recommend punishment, the jury was told to consider the persistent felony offender count of the indictment, which would double the sentence of the first two charges.
On the charge of second-degree manslaughter, 20 years were recommended. On first-degree fleeing, 10 years was recommended, both to run consecutively.
On the misdemeanors, having no driver’s license and driving under the influence of intoxicants, 90 days and a $250 fine on the first and 30 days and a $200 fine on the second, were recommended.
Peters’ sentencing hearing is set for 1 p.m. April 26.
