Lawyers for Dustin Caudill, the Elizabethtown man accused of shooting and killing two men and then setting the Henon Lane residence they were in on fire in October 2024, were back in court for a pre-trial conference Tuesday.
Hardin Circuit Judge Larry Ashlock announced his orders on several motions he took under review after the previous pre-trial conference on June 2. Ashlock said he was denying the defense’s motion to bifurcate, or divide the legal proceedings into separate proceedings, stating the case as presented is within state statutes.
Caudill’s lawyers made a motion to exclude evidence related to the presence of a dog at the crime scene. The defense says mention of the dog may unfairly prejudice jurors against Caudill. Assistant Commonwealth’s Attorney Chris McCrary said the dog, which was rescued by firefighters who responded to the scene, will only come up in the presentation of facts in the case as one of the victims was allegedly leaning down to pet the dog when they were shot by Caudill. Ashlock denied the motion as he said it didn’t appear the dog was being used to prove anything.
The defense also made a motion for an evidentiary hearing regarding testimony from the fire investigator who investigated the arson case. Ashlock said the hearing was not necessary if the investigator only reports on the facts of their report and does not offer opinion. Ashlock asked the commonwealth to inform the court if opinion would be included in the testimony by September 30.
Caudill was not present for the hearing as he was transferred Tuesday to the Kentucky Correctional Psychiatric Center for the state’s evaluation in response to defense mental health claims. McCrary said the commonwealth requested the defense submit their data regarding evaluations for the KCPC report. The defense said they would do so as soon as they were informed of the doctor conducting the evaluation.
Caudill’s trial is scheduled to begin October 19.
