Corbin man acquitted of alleged 2008 assault at local gas station

It took a nine-woman, three-man jury about 30 minutes on May 24 to acquit a Corbin man on a charge of assaulting a Flat Lick woman nearly two and one-half years ago during an altercation outside a Corbin gas station.

Marcus Murphy, 37, was charged with first-degree assault for allegedly causing serious physical injury to Sherry Hembree on Sept. 25, 2008.

"When this trial is over, I think you will learn why Sherry Hembree wants someone to pay her medical bills," defense attorney Warren Scoville told jurors during his opening statement.

Hembree testified during the trial that she was the designated driver for three of her girlfriends that evening, who wanted to go to the Lion’s Den.

"I’m not a drinker," she told jurors.

Hembree and her friends met Murphy that evening at the Lion’s Den. Murphy had gotten engaged earlier that day, and was there to celebrate with his fiance, Candy, who had been good friends in high school with Hembree’s daughter.

"Quite frankly, it is a bar where people go," Scoville said describing the Lion’s Den.

About 11:30 p.m., Hembree and her three girlfriends left the restaurant and agreed to give Nick and Paul Jordan, whom they had run into at the restaurant, a ride home. The two had gone to school with Hembree’s son.

Murphy also left the restaurant about that time with his fiance driving.

Both groups stopped at the same gas station.

Hembree went in to get something to drink and a pack of cigarettes. Murphy’s fiance was getting gas.

One of Hembree’s girlfriends, Samantha Valentine, went over to speak with Murphy’s fiance while Hembree went inside the gas station.

Hembree walked out of the gas station, but remembered she had left her cigarettes on the counter. Hembree told one of the two guys in her vehicle to yell for Valentine to come back since she would be ready to go when she returned.

Murphy thought the man, who yelled, was trying to flirt with his fiance. He got jealous and angry.

He went over to "whoop up" on the man, Scoville admitted.

"Marcus was being jealous, being stupid, but he’s not charged with being stupid," Scoville noted.

When Hembree walked back out of the store again, she saw the men fighting, and said the next thing she knew, Murphy had slung her to the ground where she hit hard.

Scoville contended in his opening statement that Hembree was wearing heels and fell to ground on her own.

Both groups soon left the gas station. The police were called, and pulled over both vehicles, but let everyone go.

Hembree said that police gave her a Breathalyzer, and she told them about the fight at the gas station.

She dropped off some friends and got home about 1 a.m.

Hembree said that she had intense pain, and later that day went to the Pineville Hospital for treatment.

She told the hospital staff that she fell down two steps because she didn’t want her grown daughters to find out what happened. She also thought the insurance wouldn’t pay, if she told the truth, Hembree testified.

Hembree was soon transferred to the University of Kentucky Medical Center for surgery on her broken hip. She also initially told hospital staff in Lexington that she fell, but she later told them the truth.

She was on a walker for four months, and was bedfast for two weeks.

15 days after the incident, Hembree took out an arrest warrant against Murphy.

Hembree said that her insurance paid most of the medical bills, but she still owes co-pays and for things the insurance didn’t cover. One co-pay was $831.

Many of the bills haven’t been paid, and Hembree said she hasn’t asked anyone to pay the bill for her.