The attorney for the man charged with manslaughter in connection with a 2021 drug overdose that claimed the life of 23-year old Corbin Bowling of Crofton is seeking to have the indictment dismissed.
Olivia Adams represents Seth Henderson and called Christian County Sheriff’s Department detectives to testify during a hearing Friday morning regarding text messages used to present the case against her client to the Christian County grand jury.
One particular text was presented by Commonwealth’s Attorney Rick Boling as having involved Henderson, though all sides now admit that Henderson was not a party to the exchange and that an incorrect date of the exchange was given. Adams noted that one grand jury member asked a question regarding Henderson’s involvement and she believes Boling’s response crossed a line.
Assistant Commonwealth’s Attorney Jerad Smith says he’s willing to go back to a grand jury and re-indict Henderson without the texts in question, but doesn’t believe that should be necessary, given other evidence in the case that Henderson was involved in getting the victim drugs that caused the overdose.
Circuit Judge Andrew Self declined to rule immediately on the motion to dismiss, saying he intends to hear testimony from Rick Boling first.
Another hearing was scheduled for Monday morning, when Boling is expected to take the stand. It’s possible that hearing could be postponed, should a special prosecutor be needed to stand in the place of Smith due to his employment in the local Commonwealth’s Attorney’s Office.
Henderson’s codefendant, Joshua Long, pleaded guilty in February to possession of a controlled substance as part of a deal that comes with a three-year sentence and that requires him to testify against Henderson at trial.