Day 2 of Kenny Bartley trial

By  | 

Tuesday was day two of testimony in the Kenny Bartley trial.

Bartley is accused off shooting and killing assistant principal Ken Bruce and wounding principal Gary Seale and assistant principal Jim Pierce in 2005.

Bartley pleaded guilty to the shootings in 2007, but a judge granted him a trial in 2011 after attorneys argued he hadn't been able to discuss the deal with his parents and he was pressured into it.

Bartley faces first degree murder, felony murder, two counts of attempted murder and gun and drug charges.

Principal Gary Seale was one of the first people on the stand Tuesday morning. He told jurors he was at Campbell County High School's guard shack when he was radioed to come to assistant principal Jim Pierce's office. He said he didn't know it was because Bartley had a gun.

Seale said he took his time getting to Pierce's office, even stopping to help a teacher get into a locked classroom on the way. He told jurors when he got to Pierce's office, assistant principal Ken Bruce followed him in. He said Pierce told Bartley they needed to see what was in his pocket and Bartley pulled out a gun.

"I said, 'Kenny, is that real?' And he said, "I'll show you it's real, I never liked you anyway.' Then, in his left pocket - got the clip out, loaded the gun, cocked it and started shooting at us," said Seale.

Seale said he never saw the school resource officer, Susan Phillips, as he entered the the office and said she never told him Bartley had a gun - things Phillips testified to on Monday. Seale told defense attorney Greg Isaacs that her statements were false.

When assistant principal Jim Pierce took the stand, he told jurors a student told him that he'd bumped into Bartley earlier that day and felt what he thought was a gun in Bartley's pocket. Pierce said he radioed for Seale to come to the office, but didn't mention the gun over the radio because he didn't want to alarm everyone.

Pierce said when Seale came to the office, he told Bartley they needed what was in his pocket and that's when Bartley pulled out the gun. He described hearing Seale ask Bartley if the gun was real, and Bartley say he'd show Seale it was because he never liked him anyway.

"I saw him take something out of his pocket here, put it in the gun, pull it back and just shortly after, the first shot was fired. Nobody moved, nobody changed positions. I didn't know if anybody had been hit or not," said Pierce.

Isaacs picked Pierce's testimony apart, pointing out several discrepancies between his original statement and Tuesday's testimony. Isaacs even asked for a mistrial because Pierce told the state that he didn't remember his video statement because he was on medication at the hospital. He said the district attorney knew about that and should have told him, but the judge allowed the trial to continue.

Several TBI agents also testified Tuesday, including one who tested Bartley's blood for drugs.

"In the blood sample I found diazepam at 0.07 micrograms per milliliter. 'And what is diazepam?' Diazepam is commonly known as Valium," said TBI forensic supervisor Jeff Cruise.

Cruise said no other drugs were found in Bartley's blood. One of Bartley's friends testified on Monday that he'd taken Xanax just before the shooting.

Testimony will continue at 9 a.m. on Wednesday.

Local 8 News reporter Hilary Magacs is in court for the trial.
You can follow her updates on Twitter: @WVLTHilary.

For a full recap of each day's proceedings, follow us on air and online.

Comments are posted from viewers like you and do not always reflect the views of this station. powered by Disqus