Man with gun is killed by police in Fleming

November 9, 2012 

A man was shot and killed Thursday in Fleming County by police after he refused to put down his weapon, according to a state police news release.

Kentucky State Police and the Fleming Sheriff's office were called to a domestic disturbance on Ky. 3301 in the Beechburg area about 3 p.m., police said.

As officers arrived, they were allegedly confronted by James Hay, who was armed. The news release said the officers "pleaded with Mr. Hay for approximately an hour to put down his weapon."

He refused and allegedly threatened the officers with the gun, and that's when he was fatally shot, the news release said.

"They tried to de-escalate the situation as much as they could," said Trooper Endre Samu, public affairs officer for the Morehead post.

Samu said he was unsure whether the woman involved in the domestic dispute was a wife or a girlfriend.

The trooper said he saw a TV news report on Friday that said a man identifying himself as Hay's brother said the gun Hay pointed at officers was unloaded. Samu said investigators had not told him whether the gun was loaded or unloaded, but he was sure they "are taking every consideration."

But "when you have a gun pointed at somebody, you take immediate response," he said.

Samu said the man interviewed on TV was not at the scene Thursday or police would have talked to him.

An autopsy was planned for Friday in Frankfort.

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