Cold Case From 1990 Is Now In Court

By: Jon Sonnheim
By: Jon Sonnheim

A case that was cold for years is now in court, but the trial is going to be delayed.

Ervin King was scheduled to go on trial in Jackson County Monday morning, for the 1990 murder of Dolly Payne.

Judge Tom Lewis says it may be too difficult for King to get a fair trial, in a county where he's already received so much notoriety.

Ervin King did make the trip from his Danville prison cell to Jackson County Monday morning, but didn't appear in court.

The reason he wasn't there is because Judge Tom Lewis and lawyers on both sides say they believe this trial needs to be moved out of Jackson County.

King is facing murder charges for allegedly strangling Dolly Payne to death, in 1990.

The case went unsolved for 16 years, before police discovered some new leads.

Commonwealth's Attorney Gary Gregory has said in the past he will push for the death penalty.

But Judge Tom Lewis says it may be too difficult to hold a fair trial in Jackson County. He says there's been too much discussion about this case, and Ervin King in general.

Judge Lewis says an official change of venue will be made later this week, but he believes the trial will be held in Bowling Green sometime next summer.

Which is just one more postponement for a family trying to put their mother's 16 year old murder behind them.

"That 16 years is still on my mind, it's been on my mind. We'd like to get it over with. I don't think it'll ever leave me. Our family went through a lot, like to get it over with," Billy Payne said.

Ervin King gained some amount of notoriety when he pleaded guilty and asked for the death penalty in the 1998 double murder of Paul Drew and Donnie Walters.

King later changed his plea, but was found guilty, after that trial was moved to Clay County.

He's currently serving a 45 year prison sentence for those crimes..


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