Tevin Devon Wright v. Commonwealth of Kentucky
2016 SC 000089
| Ky. | Feb 14, 2017Background
- Tevin Wright returned to Diva’s Gentlemen’s Club after an earlier ejection; surveillance footage captured a confrontation in the parking lot.
- Video shows Wright move with a handgun, fire at Curtis Simmons (who appeared unarmed), follow him as he fled, shoot him multiple times, then leave the scene.
- Simmons died from his gunshot wounds; Eric Adams also fired toward Wright’s fleeing car.
- Wright was arrested ~2 weeks later, admitted to disposing of the gun, and claimed self‑defense and statutory immunity under KRS 503.085.
- The trial court held a hearing on Wright’s motion to dismiss; it admitted surveillance video and Wright’s recorded statements and found probable cause that Wright’s use of deadly force was unjustified.
- Wright pleaded guilty conditionally (preserving the immunity issue) to first‑degree manslaughter, tampering with evidence, and being a persistent felony offender; he was sentenced to 38 years and appealed the denial of immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court erred in denying Wright immunity under KRS 503.085 | Wright contends the record supports a self‑defense claim and immunity from prosecution | Commonwealth argued the evidence (esp. surveillance video and statements) provided probable cause that Wright’s use of deadly force was unlawful | Court held the trial court had a substantial basis to find probable cause; denial of the motion to dismiss affirmed |
Key Cases Cited
- Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009) (sets probable‑cause standard for KRS 503.085 immunity determinations)
- Commonwealth v. Lemons, 437 S.W.3d 708 (Ky. 2014) (review standard: whether trial court had a substantial basis for finding probable cause)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause is a totality‑of‑the‑circumstances, probability‑based standard)
- Commonwealth v. Jones, 217 S.W.3d 190 (Ky. 2006) (definition of probable cause as reasonable grounds supported by less than prima facie proof)
- United States v. Bennett, 905 F.2d 931 (6th Cir. 1990) (quoted definition of probable cause)