Lexington man who was shot while fleeing police has pleaded guilty to a federal crime

A man who was shot while fleeing from a Lexington police officer in July has pleaded guilty in federal court.

Marcellis Means, 23, pleaded guilty Friday in U.S. District Court to one count of being a convicted felon in possession of a firearm.

Means was shot in the thigh while fleeing from a Lexington police officer July 10.

A special agent with the with the Bureau of Alcohol, Tobacco, Firearms and Explosives said in a court filing the next day that Means had shot himself. An officer fired shots at Means, but none was thought to have hit him, the agent said.

Kentucky State Police did not immediately confirm that account..

Lexington police said on July 10 that a Lexington police officer had been responding to a report of a burglary at about 7 p.m. that night when the shooting occurred.

Officer Ichiro Vance approached car that was parked in the parking lot at Fyre Entertainment Studios on Patchen Drive, according to an affidavit filed in court by the ATF agent.

The plea agreement says the officer “noticed the odor of marijuana emanating from the vehicle,” and that while speaking with the occupants, Means got out and ran.

“During the flight, the officer observed the defendant attempt to retrieve an item from his shorts,” the plea agreement states.

The item was a .45 caliber pistol, which officials say Means discarded.

“The defendant was eventually apprehended by officers and admitted to police that he was attempting to get rid of the firearm by throwing it,” the plea agreement states.

The gun, which was loaded with one round in the chamber, had been reported stolen from Franklin County last November, according to the plea agreement.

Means told officers at the scene that “he understood why he was shot at,” according to the ATF affidavit. “Means stated he wasn’t trying to place anyone’s life in danger, he was just trying to get rid of the firearm.”

Means could spend up to 10 years in prison and faces a fine of up to $250,000.

Just days before the incident, court records show that Means had pleaded not guilty in Fayette Circuit Court to a charge of being a convicted felon in possession of a firearm.

Means was convicted of second-degree assault in November 2015 and had been sentenced to seven years in prison, the U.S. Department of Justice said in a news release.

The Justice Department said the case was part of the Project Safe Neighborhoods program, which brings together all levels of law enforcement to work together to reduce violent crime.

The case was investigated by the Lexington Police Department, along with the Kentucky State Police and ATF agents, according to the release.

This story was originally published August 31, 2019 at 1:59 PM.