HARLAN COUNTY, Ky. (WYMT) - The case against a Harlan County man charged with murder is moving forward in court.
Robert Curry, 39, is accused of killing Bruce Penix, 47, earlier this month.
Monday, the case was sent to the grand jury.
Robert Curry was supposed to be in Harlan County District Court Monday for a preliminary hearing, but he was not there. Officials say Curry is being held in the Letcher County Detention Center and was mistakenly not brought over for court. However, his defense attorney decided to waive the hearing and send the case to the grand jury.
Penix's son was also not in court but told WYMT on the phone he is pleased the case is moving forward.
"I'm glad it's happening. It's a step in the right direction," said David Penix.
Kentucky State Police say Bruce Penix was found dead in his home in Kildav on September 6th. Autopsy results show he died from severe head injuries.
"Justice is something we're definitely seeking and no one deserves to die this way, and it's especially bad when it's someone you love," said David Penix.
Police are still not releasing any details on what could have happened between the two men or what led to the deadly head injuries.
The defense attorney says Curry is not talking about that night either.
Mr. Curry is not making a statement based on my advice," said Douglas Asher II.
Asher says he is still in the early stages of gathering information on the case.
"Based on what I do know however, I feel like, unless there's some substantial evidence I've not been made aware of, then the Commonwealth's case is likely very highly circumstantial," Asher said.
Curry has pleaded not guilty in District Court.