Man takes plea deal after jury comes back hung in Lexington shooting case
A Lexington man who previously went to trial for complicity to murder has pleaded guilty to lesser charges and been sentenced to five years in prison.
Kaleb Henry, 21, faced charges of complicity to murder, robbery and wanton endangerment for his role in the killing of 19-year-old Miguel Diaz on July 27, 2020. He went to trial in March of 2022, where a jury came back hung on their verdict.
After the jury couldn’t reach a decision, Henry entered a guilty plea in August 2022 which reduced and dismissed some of his charges. He pleaded guilty to charges of second-degree complicity to manslaughter and two counts of first-degree wanton endangerment. Both first-degree robbery charges were dropped, according to court documents.
Last week, Henry was sentenced to five years for the count of complicity to manslaughter, and one year each for the charges of wanton-endangerment, according to court records. The sentences were set to run concurrently for a total of five years.
Key witnesses in the trial included Isaac Suastegui, a co-defendant who pleaded guilty in February. He is scheduled to be sentenced on Nov. 23 for amended charges of complicity to second-degree manslaughter, one count of first-degree robbery, tampering with physical evidence and trafficking marijuana, according to court documents.
Both Henry and Suastegui were involved in a robbery plot that killed Diaz who was lured to a home on Speigle Street for a marijuana sale, according to an investigator who testified previously in court.
Henry and Suastequi had been accused of working with others to devise a plan to invite Diaz to the residence for a marijuana transaction, Lexington police Detective Phillip Johnson said in former court testimony. They planned to rob Diaz at gunpoint when he arrived, Johnson said.
A male who called 911 after the shooting said he was a friend of Diaz was with Diaz during the shooting. Diaz, the caller and a minor were invited to the home and were not aware that Henry would be there, Johnson said.
When they showed up, they encountered several people with guns, and Henry “abruptly appeared from behind the doorway,” Johnson said. He “immediately shot” Diaz in the head, and then shot at the friend and a minor with Diaz, Johnson said.
During the trial Henry’s attorney, Daniel Whitley, took issue with the prosecution’s witnesses — including Suastequi — and said witnesses were “cherry picked.”
Whitley said Suastegui didn’t identify Henry as the shooter when police first questioned Suastegui shortly after the shooting. Whitley also questioned why the prosecution didn’t call Suastegui’s brother, Henry’s girlfriend or any of the neighbors or residents on Speigle Street to the stand for testimony, saying they could have refuted claims made by witnesses or proven claims made by Henry.
Whitley also argued evidence was not included that was favorable to the defendant’s innocence, including evidence that showed Suastegui sent his brother a photo of Diaz’ body over Snapchat after the shooting, according to a detective who testified during the trial.
Reporter Chris Leach contributed to this story.
This story was originally published October 27, 2022 at 1:53 PM.
CORRECTION: Kaleb Henry’s trial occurred in March 2022. This information was incorrect in a previous version of this story.
