Commonwealth’s Attorney Rick Boling was prepared to dismiss the forgery indictment against Hopkinsville City Council Member Kimberly McCarley, but Judge John Atkins wouldn’t sign off on it just yet Monday morning.
An indictment returned August 16, 2019 alleges that on June 22, 2016, McCarley forged the name of a woman on a bank document without that woman’s permission.
Commonwealth’s Attorney Rick Boling told Judge Atkins Monday that he determined the case should be settled as a misdemeanor, but his interpretation of the law makes him believe he can’t go that route because of the timeline of charges initially being filed.
Judge Atkins was troubled that McCarley’s attorney didn’t appear for the hearing and he declined to sign the order to dismiss until Boling shows his interpretation of the law is correct.
Boling defended his interpretation and vowed to produce case law.
Judge Atkins scheduled another pre-trial conference for July 7.