A Bourbon County judge overruled a motion to exclude the death penalty in the case of a man accused of killing a 6-year-old Winchester boy two years ago, according to court documents.
The judge's ruling was filed Monday afternoon in Bourbon Circuit court.
Defense attorneys for Lewis Ballard, who is charged with murder and first-degree sodomy of Wesley Dylan Mullins, asked Bourbon Circuit Judge Rob Johnson to reconsider excluding the death penalty in the case because of Ballard's "subaverage intelligence."
In January, defense attorneys asked for the death penalty to be excluded.
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Johnson listed several reasons for denying the motion, including the court's inability to find that Ballard's IQ was 70 or below because he has taken at least three tests and only one was below 70.
Wesley's body was found in a garage at 1406 Main Street in Paris on Aug. 4, 2007.
Ballard's trial is scheduled to begin in October.