Charges against Abigail Tucker Dropped


Reporter - Mychaela Bruner
Photographer - Michael Bradford

CALDWELL COUNTY, Ky. - A judge agreed to dismiss felony charges against a Kentucky woman Friday, but she says that is not good enough.

Former head of the Caldwell County Animal Shelter Abigail Tucker was previously accused of accepting a check from a shelter supporter and failing to report it and allowing employees to submit faked time cards.

Both are Class D felonies. Friday, Commonwealth Attorney G.L. Ovey entered a motion to dismiss all charges. Ovey cited a recent State Supreme Court ruling that changed existing law, as to multiple offenses being included in a single count of an indictment.

Some said the accusations against Tucker caused so much damage that a simple dismissal will not cut it.

An 18-month long battle comes to a dismissal with the charges dropped. But to Tucker supporters like Carolyn Fralick, that was not good enough.

"Hard to believe a person won't get a chance to defend themselves with a court of law like the Constitution provides," said Fralick.

Tucker's attorney Bill Deatherage said it all boils down to two words. "Without prejudice, those two words are what is important because that means they can bring it back up later and re-indict her," said Deatherage.

That is what Tucker fears. "I have lost everything. I just feel that if they were big enough to bring these charges, they should have been big enough to take them to trial," said Tucker.

"The Supreme Court said that practice is going to stop which meant that the filing affected Commonwealth's case so I really had no other choice but to go to court and ask the judge to allow me to dismiss the case without prejudice," said Ovey.

That motion was based on a similar, recent Supreme Court case's decision. The case's dismissal has people like Teresa Brown relying on a higher being.

Brown said, "All we can do is leave it in God's hands."

With the charges dropped, the case is now dismissed. Monday's trial at the Caldwell County Courthouse has been canceled.