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July 3, 2014

Plea deal entered in attempted murder case

WHITLEY COUNTY — A man facing a charge of attempted murder Wednesday morning entered into a plea agreement that got those charges reduced before the afternoon.

Carl Wayne Scalf, 49, of Corbin, appeared in Whitley County Circuit Court with his attorney, public defender Ron Findell.

He faced one charge of attempted murder and a charge of first-degree wanton endangerment after a shooting incident more than two years ago.

During his court appearance Wednesday before Judge Paul K. Winchester, Scalf, through his attorney, entered an Alford plea. That’s when a defendant does not necessarily admit the act, but does admit the prosecuting attorney could likely prove the charges.

With this plea agreement, Winchester said Commonwealth’s Attorney Allen Trimble recommended the first count on his indictment — attempted murder — be reduced to first-degree wanton endangerment.

Scalf pleaded guilty to that charge and a second first-degree wanton endangerment charge — per the agreement, each count gets him a two-year sentence.

Those sentences will be served consecutively for a total four-year sentence.

Scalf will be officially sentenced at a hearing Aug. 18.

In January, he turned himself into the Whitley County Detention Center, according to Whitley County Sheriff Colan Harrell.

The sheriff explained the events began to unfold just before 10 p.m. June 2, 2012, at the Oak Grove School Road residence of Charlene Lowe.

Henderson Day, Lowe’s ex-husband, came to the home for a visit with his grandchild.

Lowe and Scalf lived together as boyfriend and girlfriend in Lowe’s home, Harrell said.

“(He) goes to the front door and knocks, and Charlene (Lowe) opens the door,” the sheriff said. “All of a sudden here comes Scalf from the bedroom with a pistol.”

Scalf demanded Day leave the property.

“Henderson Day jumps into his car to leave,” Harrell said. “And he tried to leave — that’s when Scalf just shot the car up.”

Harrell added that at least one of the shots fired went over the heads of Day and his grandchild.

“There was damage to the left and right side doors of the vehicle, the hood and the windshield,” the sheriff said.

After Day began driving away, the situation worsened, Harrell said.

“Scalf then jumped into his own car and started following him,” the sheriff alleged. “He tried several times to run (Day) off the road.”

During the chase, Scalf allegedly rammed his vehicle into Day’s car.

Harrell said Scalf’s whereabouts for the previous 19 months before January were unknown, although the Kentucky State Police received reports of various sightings in and around the Corbin area.

Scalf has been jailed in the detention center since Jan. 20, and appeared in court Wednesday handcuffed wearing jail attire.

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