Kentucky prosecutors have dropped capital charges against two defendants who had challenged the constitutionality of the death penalty for crimes committed by offenders younger than 21 years old. On April 21, 2021, prosecutors announced that they will no longer seek the death penalty against
Efrain Diaz, Jr. and
Justin Delone Smith, two of the three adolescents accused of the 2015 killing University of Kentucky student Jonathan Krueger. A third co-defendant, Roman Gonzalez, is not eligible for the death penalty because he was under 18 at the time of the crime.
Diaz and Smith were 20 and 18, respectively, at the time of the crime. When Fayette County prosecutors indicated they would seek the death penalty, the defendants’ lawyers sought to bar its use against them because of their age. In 1989, the U.S. Supreme Court ruled in
New trial date set in shooting death of UK student
and last updated 2021-04-21 18:09:30-04
LEXINGTON, Ky. (LEX 18) â A new trial date has been set six years after University of Kentucky student Jonathan Krueger was shot and killed while he was walking home with a friend.
Charles Bertram/Kentucky Kernel
In a Zoom court hearing Wednesday, it was set for April 4th, 2022. The trial should take about nine days.
Justin Delone Smith, Roman Gonzalez, and Efrain Diaz, Jr. were all charged with murder and first-degree robbery. Smith is also charged with tampering with evidence and first-degree fleeing or evading police.
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