A motion to dismiss the second-degree manslaughter case against Seth Henderson, who had been charged in connection to a fatal drug overdose in 2021, was granted following a hearing in Christian Circuit Court Monday morning.
Defense attorney Olivia Adams represents Henderson and argued that evidence concerning text messages was falsely presented to the grand jury by Commonwealth’s Attorney Rick Boling, saying that all sides now admit that Henderson was not a party to that specific exchange and that an incorrect date of the exchange was given.
Boling contends that he had presumed the messages to be between Henderson and co-defendant Joshua Long, as no other suspects were presented to him to consider.
Boling admits that he since learned that the date of the messages was incorrect and that detectives did not know who the messages were sent between.
Ultimately, Judge Andrew Self ruled that the Commonwealth’s Attorney knowingly presented false or misleading evidence to the grand jury, so he granted the motion to dismiss the indictment.
That means Henderson will be released from custody and the Commonwealth has the ability to re-present the case to the grand jury for possible reindictment on similar or different charges related to the incident, though Judge Self strongly cautioned against allowing Boling to be the one to do so.
The trial that had been scheduled to begin May 31 for Henderson was vacated.