Journal-Times (Grayson, KY)

January 8, 2014

Cathey requests bond reduction, new trial set

By Leeann Akers - Editor
Journal-Times

Jan. 8, 2014 — A Grayson man accused of manslaughter began the journey to a second trial on Monday.

Clifford “Boomer” Cathey, 35, appeared in Carter Circuit Court for a status hearing after his December trial ended in a hung jury.

Cathey is facing 10 years to life in prison if he is convicted of first degree manslaughter, a Class B felony, in connection with the New Year's Day beating death of Heath Toney in 2012.

Through his attorney, Christina Smith-Oldaker, Cathey requested a reduction in bond.

“Mr. Cathey already has been incarcerated for two years on this charge,” Smith-Oldaker said. “We would like to request an $80,000 property bond and home incarceration. He will be able to stay with Byron McDavid, who is the brother of the Grayson police chief.”

Chief McDavid was unaware of the arrangement, but said Cathey is the ex-husband of Byron's daughter.

Although Judge Rebecca Phillips did not grant the bond reduction, she agreed to consider it. Commonwealth's Attorney Brandon Ison opposed the request.

Phillips set a new trial date for April 1, which will be after a new jury pool is selected.

A final pretrial conference will be held March 3 at 2 p.m.

Cathey will have until then to decide if he will accept a plea agreement of 10 years of incarceration in exchange for a guilty plea and dropping the persistent felony offender charge against him. Cathey has rejected the same offer twice.

Leeann Akers can be reached at lakers@journal-times.com or by phone at 474-5101.