The suspects involved in a robbery at Burke’s Outlet in December 2019, were scheduled to appear in court Wednesday afternoon in Christian Circuit Judge Andrew Self’s courtroom for a pretrial conference.
One of the suspects, Zyair J. Clack, 19, Owensboro, appeared in court virtually while he is being held at the Christian County Jail with his attorney Rick Sanborn also appearing virtually.
Sanborn told the court that Clack is “adamantly denying his charges,” and wanted to schedule a trial for his case.
Self told Sanborn and Clack that if Clack wants to go to trial in this case, all of his codefendants would also be tried. Clack insisted.
Prior to Clack’s appearance in court, his codefendants’ cases were all continued to another pretrial conference date, which was set for Aug. 26.
After hearing Clack wanted to schedule a trial date, Self agreed that the court would schedule a trial when all four codefendants could appear together in court on Aug. 26.
Following Self’s decision on scheduling a trial, Sanborn said he wanted to address Clack’s bond and requested that it be lowered to allow his release.
Sanborn argued that Clack’s flight risk, meaning his likelihood to fail to appear in court, was low. Sanborn also stated that all three codefendants have also been released from custody, making him the only defendant in the case still being held at the Christian County Jail.
Assistant Commonwealth’s Attorney Stephanie Bolen, who is prosecuting the case, argued that addressing Clack’s bond during court Wednesday was not fair to the commonwealth as Sanborn had not filed a bond motion prior.
“This matter was not brought with any prior notice,” Bolen said. “Based on the fact that this matter was either going to be continued or have a trial date, it’s completely unfair to the commonwealth.”
Bolen added that the nature of Clack’s current charges were not appropriate to reduce his bond.
“Mr. Clack has previous criminal history and he essentially robbed somebody at gunpoint, took the clothes off of him and the items that were found on him were the items that he took of the person that he robbed,” Bolen said.
Sanborn responded by saying that Clack was only a member in the car used during the robbery.
“In this case he was in a car and he allegedly made a comment out of a car,” Sanborn said.
Self interjected and told Sanborn that the court would take up a motion to modify Clack’s bond if Sanborn properly submits a bond motion.
Self said that motion would be taken up at the next court meeting, should he submit the motion.
Clack is charged with first-degree robbery, convicted felon in possession of a firearm, carrying a concealed deadly weapon and possession of drug paraphernalia, for his alleged involvement in the case.
Jacorie J. Summers, 21, Hopkinsville, Tyler T. Parker, 18, and Jordan L. Shemwell, 19, both of Cadiz, are the codefendants in the case.
They are all charged with first-degree robbery, carrying a concealed deadly weapon and possession of drug paraphernalia. Parker was additionally charged with possession of marijuana, which was found on his person.
According to New Era archives, on Dec. 9, 2019, the four defendants, as well as one additional unknown individual, assaulted and robbed the victim of his wallet, cash, iPhone, his jacket and boots.
The victim reportedly told police that he went over to a vehicle which Shemwell was driving and shook his hand, who he allegedly knew from school, the report said.
The other people in the vehicle allegedly got upset about the handshake and an argument ensued. Summers, Parker and the unknown person got out of the vehicle, the report added.
Clack allegedly threatened to shoot the victim and the other three people, Shemwell, Summers and Parker assaulted and robbed him.
Officers later located the described vehicle on Rose Drive and stopped the vehicle before searching it for stolen property.
Police allegedly discovered a loaded handgun, a black mask, marijuana, a digital scale and the victim’s stolen property in a black bag.
Officers then transported the three teens, Clack, Parker and Shemwell back to Burke’s to be identified by the victim.
The victim allegedly positively identified Clack as the robber, while Parker was identified as the front seat passenger and Shemwell as the driver of the vehicle.
Summers was later arrested on Dec. 16 for his alleged involvement in the robbery.