Pubdate: Wed, 11 Jul 2001 Source: Messenger-Inquirer (KY) Copyright: 2001 Messenger-Inquirer Contact: http://www.messenger-inquirer.com Details: http://www.mapinc.org/media/1285 Author: Mike Baggett CHARGES WON'T BE FILED IN DEADLY SHOOTING Owensboro Man Shot By Elizabethtown Police The Hardin County commonwealth's attorney has ruled last week's police shooting of an Owensboro man as accidental. Therefore, Elizabethtown police Officer William Bland will not face any criminal charges in the death of Harold G. "Jay" Lee Jr., Hardin County Commonwealth's Attorney Chris Shaw said. Bland, a 10-year veteran of the Elizabethtown Police Department, also shot himself in the thumb with the gunshot. Shaw said his findings came after a Kentucky State Police investigation. "I find no evidence of criminal actions that would necessitate a submission of these facts to the grand jury," Shaw said. Shaw said Lee chose his own fate before the shooting occurred. He said statements made by Randall Babb, the driver of the vehicle in which Lee was a passenger, claim it was Lee's decision to evade police as well as manufacture methamphetamine that evening. Shaw said the only criminal actions he found stemming from the incident were Lee's and Babb's. "The death of Mr. Lee is unfortunate and sad, and my condolences go out to his family," Shaw said in a prepared statement. "However, the evidence shows Mr. Lee chose to be involved with the drug trade and brought that illegal activity from his county into mine. Those who choose to be involved in the manufacturing and trafficking of methamphetamine have a stark reality they must face -- in time they will either be in jail or dead. The choice of lifestyles these individuals made has a bleak future, and, as always, the family is left to suffer." Lee's girlfriend and members of his family said they were disappointed with Shaw's statements. "It sounds to me like they're trying to make Jay the outlaw in this, and he's no outlaw," said Lee's father, Harold Lee Sr. "It doesn't make him an outlaw just because he was with (Babb)." Tina Clark, Lee's girlfriend, said she questioned the reliability of Babb as a source of information for police. "Jay wouldn't do anything to jeopardize his life," Clark said. Tina Tallman, Lee's sister, also criticized Shaw's statements. "He may have had something to do with it, but of course Babb is going to lay all the blame on Jay," Tallman said. Tallman said the family is exploring the possibility of filing a lawsuit against the city of Elizabethtown. "We don't think (Bland) should be a cop, and we're going to get his badge," Tallman said. Lee's shooting followed a high-speed chase that ended at Kentucky 1357 and 1375 after tire deflation devices were used to stop the vehicle. Babb, the driver of the vehicle, fled the scene after the vehicle was stopped and was apprehended a short time later. Shaw announced a Hardin County grand jury indicted Babb on 11 charges Tuesday, including complicity to commit first-degree fleeing or evading police, complicity to commit manufacturing in methamphetamine and three counts of first-degree wanton endangerment. Other charges against Babb include speeding, driving under the influence, leaving the scene of an accident, disregard of a traffic control device, reckless driving and second-degree persistent felony offender. - --- MAP posted-by: Beth