A Christian Circuit Court judge heard arguments Friday morning regarding a motion to dismiss the indictment against Seth Henderson who is charged with second-degree manslaughter in an overdose death in January 2021.
Henderson was indicted on a charge of second-degree manslaughter in connection to the overdose death of 23-year old Corbin Bowling. His case is set to go to trial next month.
In Christian Circuit Court Thursday morning before Judge Andrew Self, Henderson’s defense attorney Olivia Adams called two detectives with the Christian County Sheriff’s Department to the stand and questioned them about the testimony they provided to the grand jury about specific text messages.
One of the text messages in question involving Henderson was presented by Commonwealth’s Attorney Rick Boling, with everyone agreeing the defendant was not a part of this particular exchange of text messages. Instead, it was noted an incorrect date was given when that text exchange occurred. Adams stated that when Boling was questioned by a member of the grand jury about Henderson’s involvement, Boling drew the grand jury back to the text messages and offered an opinion, which she added was inappropriate and a “flagrant violation of the grand jury process”.
click to download audioAssistant Commonwealth’s Attorney Jared Smith stated he doesn’t believe this was intentional by Boling.
click to download audioSmith noted that he is willing to re-indict Henderson, however, he feels that is unnecessary, given there is other evidence that Henderson played a part in getting the drugs for the victim who overdosed.
Judge Self said he didn’t want to make a ruling on the motion to dismiss the indictment until he has heard testimony from Boling.
click to download audioJudge Self continued the hearing until Monday morning at which time Boling is expected to testify. Smith also pointed out that because he works at the Commonwealth’s Attorney’s Office a special prosecutor may need to be appointed.
The co-defendant in this case, Joshua Long, was sentenced to three years in February after he pled guilty as part of a plea agreement with the Commonwealth that requires him to testify against Henderson.
