Man pleads not guilty to trying to kill grandparents

District Judge Cathy Prewitt entered a not guilty plea for a Harlan man Monday afternoon, who was accused of trying to kill his grandfather Friday evening, and she agreed to dismiss charges against the man’s reportedly homosexual partner, who had been charged in connection to the crime.
Prewitt set a $250,000 cash bond Monday for Tyler E. Pollitte, who is charged with attempted murder and public intoxication in connection with the incident, and scheduled a July 3 preliminary hearing.
Sheriff’s Detective Chuck Davis, who was the lead investigating officer in the case, said authorities still aren’t sure why Pollitte tried to kill his grandfather outside the grandfather’s house on Ky. 204 about 10:07 p.m. Friday.
At Davis request, Prewitt agreed to dismiss attempted murder and public intoxication charges against Jody P. Fleming, 29, Jackhorn.
Davis said he talked to several witnesses, and Fleming apparently knew nothing about what Pollitte did or that he planned to do.
Sheriff’s Lt. Dave Lennon said Pollitte told his “gay lover”, Fleming, that he was going to pick up a car he inherited from his dead grandfather, who at the time was still very much alive.
Davis said that Pollitte, 21, of Harlan, also told Fleming that his grandfather had left him clothes, furniture, and some money, and that he needed help moving the furniture back to Harlan.
Jacob Fleming, who is Jody’s Fleming’s cousin, drove Jody and Pollitte to Whitley County so Pollitte could supposedly pick-up the car.
Jacob Fleming dropped off Pollitte at his grandparents house about 8 p.m., and dropped Jody Fleming off at a local store.
Davis said both victims told him that Pollitte just came by the house to see them and talk with them.
“During the conversation he was not agitated. There was no screaming, no yelling. They were just having a conversation,” Davis said. “He was sick at his stomach. Both victims said he had gone to the bathroom several times, and that they could hear him throw up.”
Pollitte had been at the home for about two hours, and after he exited the bathroom the last time, he returned to the kitchen.
“He was talking to his grandmother about the curtains. She had just put up new curtains. He started looking through the drawers, reached behind the coffee pot, and came out with a steak knife,” Davis said.
“He basically went over to his grandpa and said, ‘Grandpa, I’m going to have to kill you,’ according to the statement of Mr. Gilbert. He didn’t say why.”
At this point the slashing started and Wayne Gilbert unsuccessfully tried to defend himself. He eventually did get up, but was knocked down near one of the bedroom doors, which is where he was stabbed and knocked through the doors.
While this was going on, Davis said Helen Gilbert ran outside yelling for helping, and that neighbors were coming to her aid.
“Tyler was trying to get her back into the house. He told the neighbors that she had fallen and that he was just trying to get her back into the house,” Davis said. “He told the neighbors everything is OK. She screamed out, ‘No! He is trying to kill us. He is trying kill us!”
At this point neighbors were coming closer to the home and Pollitte went back into the house, but unbeknownst to him Wayne Gilbert had gotten to his pistol that he kept in a bedroom drawer.
“Mr. Gilbert fired one round, which did not strike Mr. Tyler,” Davis noted. “At that time, he ran out the door, ran past his grandmother, and ran past the next door neighbors.”
Wayne Gilbert suffered multiple lacerations and a puncture wound to his back right side area, and Helen Gilbert suffered contusions, a head injury, and a possible broken toe during the altercation.
Both were taken to Baptist Regional Medical Center where they were treated and released.
Wayne Gilbert suffered a large laceration to his upper torso, and had to have between 50 and 56 stitches to sew up the wound, Davis added.
Sheriff’s Sgt. Scott Lake and Deputy Ben Hodge arrested both Pollitte and Fleming less than 30 minutes after the assault while they were walking on Ky. 204 toward Williamsburg.
The two were initially held for public intoxication, and a short time later were charged with attempted murder.
“With the statements by the two victims that Tyler was the only one in the house at the time, I didn’t have any other choice, but to dismiss the charges on Jody Fleming,” Davis said.
“He was arrested walking with Mr. Tyler on Ky. 204 going back towards US25W. My assumption was he would have had to have been at the scene, guilt by association, but through the course of the investigation it revealed he was not present nor did he take part in the crime.”
Lennon said Pollitte told police he and Jody Fleming met on the Internet and were living together.
Sheriff Lawrence Hodge, Deputy Josh Meadors, and Kentucky State Police Trooper David Lassiter also assisted at the scene.