Man accused of beating Lexington man to death in downtown parking garage stands trial
.jpg "The Victorian Square Parking Garage on West Short Street.")
The suspect charged with beating a man to death in a downtown Lexington parking garage is set to go on trial this week in Fayette County.
Benjamin Call, 41, was charged with murder in the October 2021 killing of John Tyler “Ty” Abner.
Opening statements began Monday following jury selection that morning. Assistant Commonwealth Attorney Lindsey Studebaker told jurors this case is not a “whodunit” or a question of how. She said the jury would see video surveillance from the parking garage that shows Call violently beating Abner.
Call’s attorney, Tucker Richardson, asked the jury to find his client guilty of lesser charges, like reckless homicide or second-degree manslaughter, rather than murder. Murder is defined by Kentucky law as “intentionally or wantonly” causing the death of another.
“I am not going to ask you to find him not guilty, but I am going to ask you to not find him guilty of murder,” Richardson said in opening statements.
Police: ‘There was blood everywhere.’
The incident happened on October 25, 2021, at the Victorian Square Parking Garage on West Short Street. Call was arrested that evening and charged with murder.
Lexington Police Department officers reported Call was cooperative after the assault, which was caught on surveillance video.
The video was first played in court in February 2022 at a bond reduction hearing, and it appeared to show Call beating Abner until police arrived and broke up the assault.
Lexington police officer Benjamin Starkey arrived to the parking garage while Call was still kicking Abner, who was on the ground and not moving, according to court testimony. Abner was found unresponsive by police and paramedics, his face bloody and swollen. Abner was in cardiac arrest from the assault. He was declared dead at the scene.
“There was blood everywhere,” Starkey testified Tuesday. “The parking stall they were near was covered in blood and blood spatter.”
Lexington police detective Tim Moore previously testified that Call was covered in blood when he interviewed him at a hospital after the incident. Call had cuts on his forehead and knuckles and appeared to be intoxicated.
Blood testing later confirmed Call had a blood alcohol concentration of 0.309 at the time of the incident, nearly four times the legal limit, according to Moore.
Police were dispatched to the scene after an employee of a nearby liquor store heard a fight inside the garage. In a 911 call played in the courtroom, Abner can be heard screaming for help in the background.
Call was in Lexington on business, and is originally from Bidwell, Ohio. He met Abner at Pies and Pints where they connected after learning Abner was from Chillocothe, a nearby city in Ohio. They had a few “stout beers,” before ordering a pizza to go and heading to another bar, Centro.
Video surveillance from both locations show Abner and Call hugging, holding hands and kissing while walking. Studebaker said witnesses are expected to testify that the two were flirtatious and appeared to be a couple. Footage shows the two going to the parking garage and getting inside a car. What happened between their arrival and when police were dispatched to the scene is unknown.
During and after his arrest, Call would allegedly tell three different accounts of what took place.
Defendant changes story during police interviews
Call was covered in so much blood, witnesses said, they weren’t able to distinguish what was his and what was Abner’s.
Call was taken to the hospital but was found to have no injuries other than bruises on his fingers. He told police he was fighting with his brother-in-law over an “ongoing family issue.”
But Call later told police Abner attempted to force himself on Call, leading him to defend himself.
Call told a third account of the incident to his wife, saying two men jumped him in the parking garage.
Video footage shows Call repeatedly “soccer kicking” Abner and stomping on his head. There was no one else around them and Call was still delivering blows while Abner laid motionless on the ground, footage showed.
Richardson in his opening statements focused on Call’s intoxication level. Prior to that evening, Call had been sober for eight months. Richardson alleged alcohol was a significant factor in the assault, and that Call’s blood alcohol levels could cause severe blackouts, confusion and an exaggerated emotional state.
Officer Brandon Kennedy testified Call was in control of his body, compliant with offices and responsive to their questions. Kennedy said Call was cordial after his arrest.
Call was previously offered a plea deal after he underwent mediation in April 2023. Prosecutors offered Call a 20-year prison sentence if he pleaded guilty to manslaughter, but Call rejected the offer, Assistant Commonwealth’s Attorney Brad Bryant has said.
Call’s lawyer, Abe Mashni, said in court Friday they offered their best and final deal and the prosecution declined.
