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FYI

Manchester, KY

#1 Apr 12, 2011
Kinda cool how the appeals court has reinstated the case against Bushart.
just wondering

Hopkinsville, KY

#2 Apr 12, 2011
Why are they re-opening it?
for real

United States

#3 Apr 12, 2011
If it has been reopened then it seems once again the Graves County failed to let everything come out originally! May the Clapp's finally see some justice be served!
willow

Paducah, KY

#4 Apr 12, 2011
I hope justice is served!!!! Mayfield needs to get it together. How many times have they messed up and it causes alot of people to go thru alot more than they should.
thewolfman

Dawson Springs, KY

#5 Apr 12, 2011
Im calling BS on this one.....
just wondering

Hopkinsville, KY

#6 Apr 12, 2011
It was justified
umm

Owensboro, KY

#7 Apr 12, 2011
Double Jeopardy. Can't be tried for the same crime twice.
FYI

Manchester, KY

#8 Apr 12, 2011
check out westkentuckystar.com for the story :)
FYI

Manchester, KY

#9 Apr 12, 2011
appeals Court Reinstates Graves Homicide Case
By Joe Jackson
MAYFIELD, KY - The Kentucky Court of Appeals has reinstated a Graves County reckless homicide case that was dismissed in 2010.

Michael Bushart fatally shot Michael Clapp in Wingo on Jan. 7, 2007, at the home of Bushart’s girlfriend, Jacqueline Boyd. Graves Circuit Court Judge Tim Stark dismissed the case against Bushart last year after determining there was no probable cause to believe the shooting was not justified as self-defense.

The state attorney general’s office appealed the ruling on behalf of the commonwealth. They argued that Stark improperly considered Bushart’s affidavit in support of his motion to dismiss the indictment which included the allegation that Clapp was attempting to break in to Boyd’s home. Bushart also alleged that Clapp had severely beaten him prior to the shooting incident and that Clapp often carried a stick.

The affidavit was not included in police reports and interviews and the Commonwealth was unable to examine Bushart’s allegations through cross-examination.

The court of appeals agreed with the commonwealth and remanded the case back to Graves Circuit Court. Judge Stark will now have to determine, without the affidavit, whether Bushart was acting in self-defense and had the right to use deadly force.

Prosecutors contend that Clapp did not break in to the home but came to the home after being invited by Boyd, his former girlfriend. Boyd allegedly called Clapp or sent him a text message saying she loved him and wanted him back.

The court of appeals ruled there was evidence that Clapp may have thought he was on the property lawfully and was not intending to break in to Boyd's home.

Clapp died from two bullet wounds to the body. The commonwealth argued that Bushart should not be entitled to claim self-defense because one of the bullet wounds was to Clapp’s back, perhaps indicating Clapp was retreating. Bushart claimed Clapp charged at him.
exxxxxxxxxxxxxxx xxxxxxxxx

Mayfield, KY

#10 Apr 12, 2011
she did send numerous text to him the night he was shot,an how can u break in when he used a key to get in
AMEN

Nashville, TN

#11 Apr 12, 2011
I PRAY the Clapp family gets JUSTICE! I have never in my life seen so much injustice in a town as I have in Mayfield, KY!!!! It leaves me absolutely mind blown! I also pray that Judge Starks day in courts coming to where the light will be shown on what a pathetic excuse of a judge he is! I wouldn't want my dog to sit in a court with his life on the line with him being the judge! Its absolutely ridiculous ALL the cases and mishaps being done in this town! If you ask me I think the FEDS or somebody beyond the state of KY need to come in and do some MAJOR cleaning up!!!!! Seriously, how many more people have to lose their lives and no get justice before something is done and the real killers are off the streets?!?!?!
Mayfield

United States

#12 Apr 12, 2011
umm wrote:
Double Jeopardy. Can't be tried for the same crime twice.
He wasn't tried it was dismissed!!!!!!!! That's not double jeopardy!!!!!!
Mayfield

United States

#14 Apr 12, 2011
thewolfman wrote:
Im calling BS on this one.....
You wouldn't think it's BS if he (bushart) killed someone u knew, loved, was your father, son, brother, etc.
To The Point

Benton, KY

#15 Apr 12, 2011
Hopefully Justice will be served and that coward Michael Bushart will get what he has coming.Shoot a man in the back and claim self defense.Then burn the house down a few days later to cover up any evidence.They should go after her too!
FYI

Manchester, KY

#16 Apr 12, 2011
thewolfman wrote:
Im calling BS on this one.....
and just to respond to this and anyone you may have offended my apologies for not posting the location of information when I started this topic I was so surprised when I saw it this morning I thought more people would have known. If I wouldn't have read it I may have thought it was a little odd myself :)
i know

Philpot, KY

#17 Apr 12, 2011
umm wrote:
Double Jeopardy. Can't be tried for the same crime twice.
He never went to trial.
Perry Mason

Buchanan, TN

#18 Apr 12, 2011
umm wrote:
Double Jeopardy. Can't be tried for the same crime twice.
I could be mistaken about this, but if memory serves me correctly, I believe the murder charge was dropped at the time. I do think he may have been tried on other charges.
dsmith

Paducah, KY

#19 Apr 13, 2011
truly hope for the clapp family that they get some closure to this deep wound that was caused by not only the man that pulled the trigger but from the comenwealth. the people we elect and that are supposed to uphold justice. there was more than one person killed the night that this terrable event happened, and i and many others hope that the people of graves county can give the clapp family some kind of peace in there life knowing there son did not die without even a trial
tell the truth

Hickory, KY

#20 Apr 13, 2011
He has never been to trial on any charge. The murder charge was dismissed with out prejudice
which mean it can be reinstaded at anytime.
stevie s

United States

#21 Apr 14, 2011
just wondering wrote:
It was justified
i dont understand how u or any1 else can get on here or any where else & say its justified. That says alot abut the kind of person u r. No murder is ever justifiable. Regardless of wat u thought about Michael he was a wonderful, loving, & caring man. He DID NOT deserve wat happened 2 him. Hopefully now the truth will come out & every1 will no the truth about wat really happened 2 Michael that night & his family will receive the justice they deserve. RIP Michael u r always n our hearts!!! Love u man!

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