A jury trial has been set for 33-year-old Billy P. Embry-Martin, the Elizabethtown foster parent accused of the murder of a 4-year-old from Caneyville, who was in his care at the time of his death.

During a pre-trial conference held on Tuesday, March 20, Embry-Martin's jury trial was scheduled to begin on Dec. 3, 2018 in Hardin Circuit Court, at which time he will be tried for the murder of Hunter R. Payton, whom was originally from Caneyville and was 4 years old at the time of his death.

A final pre-trial conference was also scheduled for Embry-Martin to be held on Nov. 13, 2018.

After first being arrested by the Radcliff Police Department on Jan. 11, Embry-Martin was indicted on Jan. 25 by the Hardin County Grand Jury for the charge of murder in relation to the death of Payton.

Embry-Martin later appeared in Hardin Circuit Court on Jan. 29 for his arraignment, at which time he pleaded not guilty to the charge of murder.

The charge stems from an incident that occurred on May 8, 2017, in which Payton suffered a head injury that test results from the State Medical Examiner’s Office determined was inflicted upon him, police said.

Payton passed away on May 10, 2017 at Norton Children’s Hospital in Louisville.

Though originally from Caneyville, Payton was living in the foster care of Embry-Martin and his husband in Hardin County at the time of his passing, according to attorney Ron Hines, who is representing Payton’s parents in the case.

Murder is a Class A felony, punishable by 20 to 50 years in prison or life imprisonment, if sentenced, per Kentucky Revised Statute 532.060.