Breathitt Co. man convicted of manslaughter

By: Katie Roach Email
By: Katie Roach Email

It's a verdict neither side is happy with.

Jeffery Noble's murder trial ended Friday with a 2nd degree manslaughter conviction and a jury recommendation of 10 years in jail.

While Destiny Tincher's family on the father's side says 10 years is not enough, Jeffery Noble's family says he should not be in jail at all.

As the attorneys gave their closing arguments Friday morning, Jeffery Noble's defense said this case has a lot of unanswered questions.

"We can not ignore and you can not ignore the other alternatives that were present with Destny Tincher. You can't ignore that blood clot, that both experts said that could have been caused by a minor trauma," said defense attorney Lisa Whisman in her closing argument.

But, the prosecution said there are no questions.

The prosecution reminded the jurors that they had a witnesses who says Noble told him he hit and threw Destiny when she hit the coffee table, and they had evidence from the medical examiner that said a simple trip and fall could not produce the injuries Destiny sustained.

"If I trip and fall, I'm not gonna be bouncing around and hitting my head, here flip over here and hit my head here, or hit my head over this way. It's not gonna happen," said Commonwealth's attorney Darrel Herald while demonstrating the fall for the jury.

But neither closing argument garnered the conviction either attorney wanted.

"We the jury find the defendant guilty of the events of 2nd degree manslaughter," read Breathitt Couny Circuit Court Judge Frank Fletcher.

The prosecution wanted a 1st degree murder conviction, and the defense wanted a not guilty verdict.

Both families were not happy with the verdict.

"We was shocked, we didn't think that he would get that. We really didn't," said Jeffery Noble's cousin Misty Taulbee.

"He is going to have the chance, he is young. He is going to be able to get out and move on with his life when we will never see Destiny again," said Destiny Tincher's Aunt Patty Smith.

Neither family feels justice was served.

Noble is scheduled for sentencing December 9th.

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