VIDEO: Root Beer Stand shooting trial delayed until March

Williamsburg wrecker service owner Larry Wilson will have to wait a little longer for his day in court.

Wilson, 55, was scheduled to stand trial Wednesday morning for murder and first-degree wanton endangerment in connection with the July 31 death of Tod Carter.

Wilson shot Carter one time in the chest through an open window of his tow truck following an altercation between the two men at The Rootbeer Stand in Corbin. Wilson had reportedly been involved in a "relationship" with Carter’s wife, who worked at the drive-in restaurant, prior to the shooting, his attorney has said in open court. Wilson contends that he shot Carter in self-defense.

Following a brief hearing, Circuit Judge Dan Ballou agreed to postpone the trial until March 2, but declined reduce Wilson’s $500,000 cash bond.

"I firmly believe it is in the best interest of the community and this defendant to keep bond the same," Ballou said at the close of the hearing.

Wilson has been held in the Whitley County Detention Center in lieu of a $500,000 cash bond since his arrest on Aug. 1, hours after the shooting.

His attorney, Warren Scoville, asked Ballou to reduce bail to a fully secured $100,000 bond, which he said is a typical bond for most people charged with murder. This means Wilson would either have to put up $100,000 cash, $200,000 worth of property, or a combination of the two in order to be released from custody prior to trial.

"My client is a 56-year-old man, who is dieing in jail on a $500,000 cash bond," Scoville argued. "I’ve got a man with no criminal record, who has been having seizures for five months."

Wilson is a severe insulin dependent diabetic with hypertension and renal failure, who has been hospitalized at least once since his arrest, according to a letter in the court file from the Whitley County Detention Center.

Wednesday’s trial was postponed because results of lab testing on certain evidence hadn’t been completed.

Commonwealth’s Attorney Allen Trimble said that DNA testing on blood located on the back slide of Wilson’s semi-automatic gun was completed, but that the report hadn’t been received yet.

He said his office is also waiting to get back the rootbeer mug that Wilson contends Carter hit him with during the altercation and cut his cheek.

"This is critical evidence for the commonwealth," Trimble said. "We just want to get all relevant evidence in front of a jury."

Prior to court Wednesday, Trimble turned over finger print test results on the mug to Scoville noting that he had just received the results the prior day. Scoville told the court that the test results showed prints on the mug were smudged.

Trimble contended that the trial delay wasn’t unreasonable noting that it usually takes 12 to 18 months to try most homicide cases.

He added that if the case is tried without all the evidence presented and the trial resulted in a conviction, then the conviction would likely be overturned on appeal.

Trimble said he would be ready to try the case in two weeks or the next available court date that was available.

Ballou offered an earlier trial date of Feb. 8, but Scoville declined noting that he had an annual skiing trip planned that week during his daughter’s winter break.

Shortly after the hearing, a family member of Wilson’s had a brief verbal outburst in the courtroom during a discussion with Scoville, which prompted a bailiff to suggest she leave the courtroom.

Wilson has pleaded not guilty to the charges, and could face a sentence of life in prison if convicted.