Saturday, July 13, 2019

Moore death case
Judge Carter Moore has granted a joint motion for an Interlocutory Appeal of a February ruling he made in Cocke County Circuit Court, with regard to a 2018 overdose death. In January of last year, Ashlen Moore,18, Boomer Way, Cosby, died after he was allegedly sold Heroin and Methamphetamine by defendants, Clara Catherine Coe, 23, and Scott Elliott Wardley, 29, both of Knoxville. As a result, the defendants were charged with Second Degree Murder. Asst. Prosecutor Tonya Thornton told the court during the motions hearing, that the drugs sold by the defendants, "is the approximate cause of death. They unlawfully distributed Heroin and Methamphetamine." But Defense Attorneys, Public Defender Keith Haas and Brett Cole argued the autopsy showed Moore had levels of Xanax(alprazolam), methamphetamine and heroin, each at levels that could have caused his death. The autopsy showed that Moore died of pulmonary edema caused by an accidental overdose. And the defense attorneys argued there is no way to determine which drug killed Moore, so they asked that the charges be dismissed. After being told of the results of the autopsy, Judge Moore ruled, "he had enough Methamphetamine, Heroin and Zanax independently, to cause his death." And so the court held that the decision as to whether the defendants are responsible for the death, is a question for a jury. The prosecution admitted that the defendants did not provide Xanax to the victim. The motion granted this week says the issue in the case is "whether or not the State has sufficient evidence, as a matter of law, to proceed with the prosecution of the case in regards to the largely unlitigated issue of the criminal definition of "proximate cause" in the context of" the offense involving individuals accused of selling or providing drugs to Moore after he took a mixture of drugs before overdosing.


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