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Man involved in fatal crash indicted for murder

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Landmark News Service

 A Hardin County man was indicted on a murder charge Thursday for his involvement in a crash on Ky. 313 that killed a Radcliff woman and injured three children, ejecting a 7-month-old from the vehicle.

Kyle David Thompson, 24, also has been indicted on charges of first-degree fleeing and evading police – motor vehicle and three counts of first-degree assault, terroristic threatening and second-degree persistent felony offender. All charges are for his involvement in a crash June 3 that left Ashlee Nicole Berry, 22, dead and three children hospitalized.

The three children remain at Kosair Children’s Hospital in Louisville and are listed in fair condition.

Murder is a Class A felony punishable by 20 to 50 years to life in prison and first-degree assault is a Class B felony punishable by up to 20 years in prison for each count.

The crash involved a Dodge Caravan driven by Thompson and a Jeep driven by Berry.

Berry, who was returning home from work in Louisville, had just exited Interstate 65 and was heading toward Radcliff around 10:30 p.m. She was engaged to a soldier stationed at Fort Knox and had moved to the area from Las Vegas, officials said.

She is the daughter of Tim and Veronica Rice of Henderson, Nevada.

Police say Thompson kidnapped the three children and their mother at knifepoint. The two older children, ages 4 and 5, are the children of Spc. Nathaniel D. Garvin, a U.S. Army soldier from Hardin County who died in Afghanistan in July 2010.

When the vehicle stopped in the 3000 block of Wooldridge Ferry Road, the mother escaped the van and called Kentucky State Police.

While KSP was at the home, Thompson drove down the road and a KSP trooper followed the vehicle and activated his emergency lights. Police said Thompson turned off Wooldridge Ferry Road onto Joe Prather Highway and a short time later, crossed the center line and struck Berry’s vehicle.

The youngest was ejected from the van and found several feet away from the vehicle, police said.

Berry was pronounced dead at the scene.

According to the indictment, Thompson committed murder “by intentionally or under circumstances manifesting extreme indifference to human life wantonly caused the death” of Berry.

The indictment also says Thompson committed assault “when he intentionally caused serious physical injury to (the three children in the car with him) by means of a deadly weapon or a dangerous instrument; or under circumstances manifesting extreme indifference to the value of human life he wantonly engages in conduct which creates a grave risk of death to another and thereby causes serious physical injury to another person.”

An investigation into the crash is ongoing, KSP Post 4 spokesman Jeff Gregory said. He said it will take “a couple of weeks”to figure out how fast Thompson was driving at crash impact and what may have caused him to cross the center line and into Berry’s path.

The speed limit on that stretch of Joe Prather Highway is 55 mph.

Gregory said four reconstructionists are working the case, including two from another KSP post.

Thompson is under 24-hour watch at University Hospital in Louisville. He is hospitalized with several broken bones from the crash and is listed in fair condition. Gregory said his injuries will require surgery.

He is under arrest for failing to comply with the sex offender registry and is being held in lieu of a $1 million cash bond. An arraignment has yet to be scheduled.

He has been noncompliant from registering with the sex offender registry from a case in 2010 when he was found guilty of attempted kidnapping of a minor after he brought a gun to the parking lot of North Hardin High School. He was sentenced to five years, three years to serve and two years were probated.

He was arrested Oct. 18, 2010, and was released under supervised probation Sept. 2, 2012.

According to court records, an affidavit to revoke Thompson’s probation for failure to comply with drug screening and absconding probation supervision was filed Jan. 8, 2014, in Hardin Circuit Court and a warrant for his arrest was issued.

UPDATE:

Two of the three children involved in a crash June 3 on Ky. 313 were released from the hospital Friday.

The children were injured when a van driven by Kyle David Thompson, 24, struck another vehicle driven by Ashlee Berry, 22, of Radcliff.

Berry was pronounced dead at the scene and the children were taken to Kosair Children's Hospital.

According to police, Thompson took the children and their mother at knifepoint. The mother was able to escape to call police, but Thompson drove off with the children.

Thomp­son has been indicted on charges of murder, first-degree fleeing and evading police—motor vehicle and three counts of first-degree assault, terroristic threatening and second-degree persistent felony offender.

It is unknown if the 7-month-old, who was ejected from the van and found several feet away, was released. As of Thursday, the child was listed in fair condition.

A show cause hearing to discuss the probation violation for that case is scheduled for 1:15 p.m. June 24 at the Hardin County Justice Center.