The case against Leitchfield City Councilmember Margaret Fey, who in late 2015 was indicted for 2nd Degree Wanton Endangerment, was recently deferred for one year and may be dismissed.
Rather than going to trial on Friday, Jan. 13, the case against Fey was deferred for 12 months, and, if Fey does not violate the deferral agreement or have new charges brought against her in that time, the case will be dismissed on Jan. 11, 2018, according to the Grayson County Circuit Court Clerk’s Office.
Fey was indicted on Tuesday, Dec. 1, 2015 in Grayson District Court for Wanton Endangerment in the Second Degree.
According to the indictment, Fey, on or about Oct. 25, 2015, in Grayson County, KY, “committed the offense of Wanton Endangerment in the Second Degree when she wantonly engaged in conduct which created a substantial danger of physical injury of Brittany Mattingly…”
The indictment stemmed from an incident investigated by the Leitchfield Police Department (LPD), on Sunday, Oct. 25, 2015, during which Leitchfield Police Officer Jesse Townsend responded to a residence on Central Avenue in Leitchfield in regards to “a possible assault/fight,” according to a police report filed by Townsend.
When LPD officers arrived on the scene, Mattingly, who had called E-911 dispatch about the incident, was coming out of the garage at the Central Avenue residence, the report reads.
Mattingly alleged that her aunt, Fey, had attempted to hit her with her vehicle, according to the report.
According to a supplement to Townsend’s report filed by LPD Patrolman Eugene Cain, who also responded to the incident in question, “Mattingly stated that she was standing at the front of the garage, and Fey sped into the driveway and slammed on the brakes of her vehicle, almost hitting her and resulting in her having to step back a couple times to prevent being struck.”
Mattingly told police that she had tried to contact Fey about having her move her things out of the garage because she was planning on renting the house and the garage, Townsend’s report reads.
Mattingly stated that she went over to the Feys’ house, which is across the road, and she made contact with Fey’s husband, whom unlocked the garage door, according to the report.
While trying to change the locks, Fey arrived at the residence, and Mattingly stated that “she stood in front of the garage, while doing that, Fey attempted to drive recklessly and almost hit her,” Townsend’s report states.
When officers arrived on scene, they found Fey inside the garage moving items to her vehicle, the report reads.
“Fey stated Mattingly is lying and that she would never hit her with the vehicle. Fey stated that the arguments started because of the issues with the house and the property which have not been finalized through the courts,” the report reads.
Cain’s supplement states that Fey told police her late aunt had it in her will that the property at which the alleged incident took place was to go to a church, and Mattingly was supposed to have the residence rented and was wanting Fey to remove her items from the garage where they had been for the past few years.
According to Cain’s supplement, he took photos of skid marks in the driveway.
Fey was initially charged with 1st Degree Wanton Endangerment, a Class D felony, according to Townsend’s report; however, court documents state that after the matter was presented to the Grayson County Grand Jury, the Grand Jury returned a misdemeanor charge and referred the case to Grayson District Court.
As of Thursday, Feb. 9, 2017, the deferral agreement had not yet been filed with the Circuit Court Clerk’s Office, but office staff believed that, should there be contact between Fey and Mattingly, it would constitute a violation of the agreement.
Reach Matt Lasley at 270-259-9622, ext. 2015.