Inability to find witness in a Lexington murder case leads to a mistrial. Here’s why
A Fayette County judge declared a mistrial in a Lexington murder case Tuesday because prosecutors failed to get ahold of a key witness — even though their suspect’s lawyer had no trouble contacting the same person.
William Parker “Bill” Brown, 56, was found guilty last year of the murder of 62-year-old Ava Creech, who was found bound, gagged and decomposing in a closet in her Victoria Way home Oct. 2, 2020. He was sentenced to life in prison, but that conviction was overturned in October 2025 by the Kentucky Supreme Court, who said prosecutors withheld evidence.
His second trial began Monday, and ended abruptly Tuesday when Fayette Circuit Judge Thomas Travis reluctantly declared a mistrial.
Brown’s defense attorney, Chris Tracy, requested the mistrial because he managed to find a witness that prosecutors previously said would not be available to testify in the case. After Tracy found the witness, Christine Brumagen, he argued his client’s rights were being violated.
“The whole situation has put the defense in a place where we’ve produced a witness that is bad for us,” Tracy said. “If that’s not a due process violation, I don’t know what is.”
Prosecutors and investigators admitted in court Tuesday that the reason they may not have been able to find Brumagen is that an investigator tasked with getting ahold of her did not have his voicemail setup. Brumagen claimed to have left a voicemail, Tracy said, and prosecutors didn’t know it.
But prosecutors say the trial still could have continued, and the inability to reach the witness was not intentional.
‘Unavailable’ witness was found in just hours
Prosecutors said they made multiple attempts to get ahold of Brumagen, who testified during the first trial and who spent time with Brown around the time of Creech’s death.
On Monday, after those efforts, prosecutors asked the judge to officially declare the witness “unavailable,” and asked to use previously-recorded testimony of Brumagen. If they did use recorded testimony, Brown’s lawyers wouldn’t be able to cross-examine her.
After that request, Tracy found a phone number Monday night for Brumagen. He called, and she answered on the first ring, Tracy said in court Tuesday.
“We are in a case where we are in a retrial already, and we are dealing with this situation where the commonwealth asked the court to find someone unavailable at the start of the trial,” Tracy said Tuesday. “Eight hours later I called her and I found her.”
The witness told Tracy she called the prosecution team and tried to leave a voicemail, according to comments by Tracy in court Tuesday.
Shawn Stafford, the Lexington Police Department investigator tasked with finding Brumagen, said in court that he tried to contact her several times and never heard back.
But Stafford also admitted in court that he could have missed a voicemail she left, because his voicemail has not been properly set up on his phone in the six months he worked in the downtown office.
‘The attention was taken off the homicide’
Assistant Commonwealth’s Attorney Katie Holt said it was unfair of the defense to say prosecutors misrepresented their information when alleging they couldn’t find the witness.
She said Tuesday she had no idea that Brumagen had called the office prior to the second trial.
“We don’t have that (phone) number, she’s never called us,” Holt told the judge. “I am glad she called the one time — I don’t know where that went. She knew we were trying to get ahold of her. She could have called back more than once.”
Commonwealth’s Attorney Kim Baird said once they were aware the witness could be located Tuesday morning, the trial could have continued with the witness testifying live.
But because of confusion and the defense teams’ concerns, the judge declared the mistrial. Prosecutors plan to take the case to trial for a third time. Thomas said he did not think prosecutors acted in bad faith.
Baird confirmed her office still had not been able to get ahold of the witness as of Wednesday afternoon.
Holt said the Creech family, which lives out of state, is frustrated with the result of Tuesday’s proceedings.
“The family were very frustrated,” Holt told the Herald-Leader. “The attention was taken off the homicide case and put on the voicemail situation.”
Stafford’s voicemail has now been set up, prosecutors confirmed.
This story was originally published June 3, 2026 at 1:04 PM.
