LEXINGTON, Ky. (LEX 18) — A Fayette County judge has dismissed the murder case against a man accused of causing a deadly crash back in July 2020.
Cornell Thomas II was indicted on a murder charge for a crash that happened on July 3, 2020, according to police.
Authorities said Thomas ran a red light while traveling inbound on Leestown Road at the intersection of Boiling Springs Drive, T-boning the vehicle 50-year-old Tammy Botkin was driving. Botkin's car caught fire and she died from the incident.
The event data recorder in Thomas' vehicle showed he was driving more than 90 miles per hour when he entered the intersection.
In her ruling, Judge Goodman outlined several factors justifying a basis for dismissing the indictment. For example, Goodman claimed the prosecutors didn’t have enough evidence to prove that Thomas acted “intentionally” or “wantonly” or that he was under the influence of drugs or alcohol.
Goodman also pointed to a pattern of prosecutors trying to get harsher punishments against Black defendants. Her ruling referenced another case before the court in which a white defendant, who was clearly intoxicated at the time, was involved in a crash that resulted in the death of another driver.
The defendant in this case was charged by the Commonwealth with only Second-Degree Manslaughter.
In her ruling to dismiss the murder case, Judge Julie Goodman said in part, "The court has serious concerns over the way this case and others have been prosecuted, each of which could justify a basis for dismissing the indictment."
The prosecution has the option to appeal Judge Goodman’s case dismissal.
For Botkin’s family, after three years of following the case and pushing for a sentencing, the news of a dismissal is yet another gut punch.
“She got up to go to work on July 3rd. I remember she walked out the door at 6:05. That's the last time I saw her,” said Tammy’s husband, Doug. “I don't know if we'll ever get closure. I just don't.”
For the pain his family has experienced, Doug Botkin believes someone should be held accountable for the crash that killed his wife.
“There really isn't a whole lot we can do. We're at the mercy of the court. Basically, that’s what it amounts to,” said Botkin.
With the holidays approaching, Botkin said he misses his wife more than ever. Now, with the case dismissed, he feels that closure is out of reach.
“She was one of them 'once in a lifetime' deals, and I don't know, it's just hard not having her around, but what are you gonna do?”
