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TAYLORSVILLE – The case of a Waddy man accused of trying to run over a Mount Eden woman with his motorcycle is on its way to a Spencer County grand jury.
Sammy “Frankie” Mobley, 36, faces a first-degree wanton endangerment charge in connection with a March 16 incident in which Benjamin W. Mobley, 58, of Murphy Lane allegedly attempted to shoot at and pistol-whip his girlfriend, who is from Mount Eden.
Benjamin Mobley faces charges of first-degree attempted murder – domestic violence; first-degree wanton endangerment and first-degree assault-domestic violence.
Sammy Mobley, Benjamin Mobley’s nephew, is accused of having tried to run over the woman after Benjamin Mobley’s shot missed her. Sammy Mobley appeared in Spencer District Court last week for a preliminary hearing.
The prosecutor, Assistant County Attorney Leigh Erbe Sr., representing the state, and public advocate Stephen Wright, representing Sammy Mobley, each called two witnesses to testify during that hearing.
The first, called by Erbe, was Spencer County Sheriff’s Deputy Damon Jewell, who was the deputy dispatched to a domestic dispute in Mount Eden on March 16, and the alleged victim, whose name is being withheld based on the nature of the charges.
Jewell testified that by the time he arrived on scene at approximately 5:09 p.m., all of the involved parties had separated.
He responded to 11 First St., where the alleged victim had run to a neighbor’s house seeking safety.
Jewell said he took statements from five people who were at the residence, including the victim.
The alleged victim and her neighbors, Randall and Elizabeth Nation, each said in their statements that a man, whom they identified as Sammy Mobley, most often called “Frankie,” attempted to run over the victim on a motorcycle, Jewell said.
The other two people did not know Sammy Mobley and did not call him by name but gave statements that a man on a motorcycle had tried to run over the victim, Jewell said.
Asked how close the motorcycle had come to the victim, Jewell responded, “Very close. She could definitely see his face.”
‘I looked right at his face’
That alleged victim testified that she went to the door of her home, located in the 6000 block of Mill Road, and “was attacked.”
“He [Benjamin Mobley] grabbed my collar and beat me with the end of his gun,” she said.
She said she then took off running toward her neighbors’ house and that as she was running, Benjamin Mobley fired the gun at her and missed, she said.
As she approached the roadway from her driveway, she spotted a man on a motorcycle, whom she identified as “Frankie.”
The witness told Wright, the public defender, that the motorcycle came within a distance of 5 to 10 feet of her.
“So he never came all that close by,” Wright said.
“I looked right at his face,” she responded.
She said Benjamin Mobley yelled, “Shoot the b-tch,” to which she says Sammy Mobley responded, “I don’t have a gun.”
“But he was trying to run me over,” she said.
To the best of her recollection, she said she thought the man was on a red motorcycle and wearing a light colored camouflage shirt.
“I don’t think he wanted to hit me,” she said, adding that she noticed a solemn look on his face. “Like he didn’t want to run over me.”
“He kept coming,” she said. “I think he saw the blood on my face and he sort of felt bad.”
To clarify a point, Wright asked, “So, if someone believed he [Benjamin Mobley] told him to run you over, that would be incorrect?”
She said yes.
She said she was unsure if the motorcycle stopped or where it ended up. “I didn’t look back,” she said.
The testimony shifted quite a bit when the defense called its witnesses — Sammy Mobley’s girlfriend, Catina Moore, and her 14-year-old daughter, both of Waddy.
Moore said she and her daughter spent the day with Sammy Mobley at “Uncle Benny’s” house. She said they arrived in the morning, around 10 or 11.
At approximately 3 p.m., Moore said Benjamin Mobley left the residence. An estimated 25 to 30 minutes later, Benjamin Mobley came back and said he and his girlfriend had gotten into an argument, Moore told the court.
Moore said Sammy Mobley was tired of hearing about his uncle’s relationship troubles and suggested to her that the three of them — including Moore’s daughter — should leave.
Moore told the court that she, her daughter and Sammy Mobley went to her house in Waddy, where she lives with her parents, and were there for the remainder of the evening.
“He was with me and my daughter the whole time,” Moore said.
Moore’s 14-year-old daughter, whose name is not being published because she is a minor, shared roughly the same story.
She said that she, her mother and Sammy Mobley spent the day at Benjamin Mobley’s house. She said they arrived around 9 or 9:30 a.m. and hung out listening to music.
The teen said she remembers taking pictures of Sammy Mobley with her mother’s cell phone that day. Most cell phones record a time and date of pictures taken, Wright pointed out.
Sammy Mobley was only separated from Moore and her daughter when he was using the restroom, the teen told the court.
Wright made a brief argument in Sammy Mobley’s defense near the end of the hearing. Two witnesses attest that Sammy Mobley was with them the whole day, so he couldn’t have been in Mount Eden that evening, Wright said.
And even if the court found that he was there, Wright said he didn’t think there was probable cause for a charge of wanton endangerment because the motorcycle was five feet or more away from the victim.
Erbe responded that three witnesses recognized Sammy Mobley and called him by name in their statements to police. He also stated that those witnesses believed Sammy Mobley was trying to run over the woman.
“The motorcycle came close to her,” Erbe said, noting that Kentucky law does not require the victim to be struck to find probable cause of wanton endangerment.
District Judge Donna Dutton reminded both parties that the commonwealth’s burden was to show probable cause for the charge, and she believed the commonwealth met that burden.
Sammy Mobley’s case will now be heard by a Spencer County Grand Jury, and no other court dates have been set.