Charges reduced against man accused of attacking brother

BEAN BLOSSOM — The Brown County man who was initially charged with attempted murder in the wounding of his brother Sept. 6 is now facing two lower-level felonies.

By the time Kenneth Wayne Guy, 58, appeared in court this afternoon, the charges against him had been reduced to aggravated battery, criminal recklessness and resisting law enforcement: two felonies and a misdemeanor.

Deputy Prosecutor James T. Roberts declined to comment on why the attempted murder charge did not stand. The highest charge Guy faces now is a Level 3 felony; attempted murder was a Level 1.

A news release from the sheriff’s department said police found David Guy, 56, lying in the front yard of 5529 Old Settlers Road with a head injury at about 8:30 p.m. Sept. 6. He told police that his brother, Kenneth Guy, had hit him with something.

A third party had called police to report one man had shot another at the David Guy house.

David Guy had wounds on both sides of his head, according to a probable cause affidavit from Sgt. Mike Moore of the Brown County Sheriff’s Department. He told Moore he had been sitting on his porch eating dinner and his brother was moving items out of the house.

The brothers’ sister told police that she received two voicemails that night: One from Kenneth that made no sense, and another from David that said, “Kenny has shot me and hit me in the head with a baseball bat. Call police.”

Moore reported finding a kitchen knife, a butcher knife and several drops of blood where David Guy said he was sitting.

In the garage, officers reported finding a cutting scythe on the floor just inside the door that appeared to have blood on it.

An ambulance took David Guy to Columbus Regional Hospital and he was transferred to Indiana University Health Methodist Hospital in Indianapolis in stable condition.

Hospital staff told police that one of the injuries appeared to be a gunshot wound, and they found evidence of debris fragments in the wound that could be from a bullet, the report said.

Police found Kenneth Guy, 58, standing behind a home on Melvin Road. Moore reported that he ran from officers for about 75 yards before he fell.

After David Guy was taken into custody, Moore reported that he appeared to have a seizure and he was taken by ambulance to Indiana University Health Bloomington Hospital under police guard.

Police searched his car and reported finding a baseball bat and an air rifle in the front seat area.

In the Old Settlers Road home, police reported finding a .22-caliber rifle in David Guy’s bedroom. They also found several items of drugs and drug paraphernalia in the home, the report said.

Kenneth Guy was booked into the Brown County jail around 4:30 p.m. Sept. 7 on initial charges of attempted murder, criminal recklessness with a deadly weapon and battery with moderate bodily injury.

He appeared in court Sept. 9 by video conference from the jail. He told the court he is unemployed and living on $800 a month in disability, but he had no way to access that money. He was appointed public defender Alicia Allen.

His bond was set at $100,000, half cash, and Stewart approved Roberts’ request for a no-contact order between the brothers.

When Judge Judith Stewart read the charges against Kenneth Guy and asked if he understood, he said, “Not really. I don’t remember none of that.”

He said “wow” several times when Stewart told him the sentencing range for the highest charge, aggravated battery, which is three to 16 years in prison.

“I wouldn’t have done that,” he said.

His trial by jury was set for Nov. 30.

Read more in the Sept. 14 Brown County Democrat.

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Sara Clifford has been raising a family in Brown County since 2005 and leading the Brown County Democrat since late 2009. In addition to editor, she is the beat reporter for town government and writes columns, features and general news stories.