Crime

Trial starts for former University of Kentucky student over crash that killed child

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Marco Shemwell’s death: Former UK student on trial

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A trial starts Monday in Fayette Circuit Court for a former University of Kentucky student who was charged with reckless homicide in the death of a 4-year-old.

In addition to reckless homicide, Jacob Heil, 21, will stand trial on a DUI charge in the 2018 crash that killed 4-year-old Marco Shemwell. Shemwell was crossing the street on Cooper Drive with his family outside a UK football game when the crash happened.

Heil, who was 18 at the time of the crash, had a blood-alcohol level of 0.051, according to court records. The legal limit for those under 21 is .02. Heil was suspended from UK. The fraternity he belonged to, Alpha Tau Omega, was also suspended. The UK chapter of the fraternity was eventually dissolved after the crash.

Heil told police he drank two beers and had just left tailgating when the crash happened, according to an arrest citation.

Support poured out for the child and his family. Marco’s family members were special guests at the Citrus Bowl when UK beat Penn State in 2019. The UK football team and Mark Stoops were honorary pallbearers at Marco’s funeral.

According to Dr. Scottie Day, interim chair of the University of Kentucky Department of Pediatrics, Marco received a “superhero salute” on the way to the operating room to donate organs.

“Everyone knew he was a superhero. He was Batman,” Day said during the boy’s funeral at Calvary Christian Church in Winchester. “He was in his Batman pajamas and all the children’s hospital staff came out and gave him a superhero salute, because that’s a hero who showed what love is all about.”

Heil’s trial is scheduled to last four days, according to court records. Prosecutors have filed a court motion asking the judge to allow Marco’s mother, Liz Shemwell, to remain in the courtroom during the trial even though she will testify as a witness.

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This story was originally published October 11, 2021 at 8:42 AM.

Jeremy Chisenhall
Lexington Herald-Leader
Jeremy Chisenhall covers criminal justice and breaking news for the Lexington Herald-Leader and Kentucky.com. He joined the paper in 2020, and is originally from Erlanger, Ky.
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Marco Shemwell’s death: Former UK student on trial