The jury which convicted Tim Claytor of reckless homicide last Friday could not decide on what his sentence should be this week.
The sentencing portion of the trial resumed on Wednesday with a handful of witnesses testifying for the jury before they were asked to decide on the length of Claytor’s punishment.
They first heard from the victim’s sister, Ima Jean Jenkins, who said Dale Holloway was her baby brother and described him as a big teddy bear.
“There’s no way he went there to harm anyone,” Jenkins said. “He was a big teddy bear - that’s what everybody said about him. He was not a bully like he has been portrayed here.”
Jenkins also described Holloway as a family man, who had raised his children on his own since his wife died eight years ago.
Once she testified, Claytor took the stand to address the jury himself.
“I never intended for any of this to happen,” he said. “I am so sorry. I live with this every day. I ask for your forgiveness. I am so sorry. I am truly sorry.”
The jury was tasked with deciding on the length of Claytor’s sentence, which has to be between one and five years.
“If you give him one year, he’ll be out and back to his normal life in two months,” Commonwealth Attorney Gail Guiling told the jury. “That’s a small price to pay for the loss of Dale Holloway.”
After deliberating for over two hours, the jury came back and told Circuit Judge Tyler Gill that they were deadlocked and could no decide on how much jail time Claytor should serve.
By law, Gill will now have to set Claytor’s sentence himself. He will do so in a sentencing hearing on Tuesday, June 17 at 10 a.m.
Last week, Claytor was found not guilty of murder and manslaughter. He was found guilty of reckless homicide, however, the least severe of the four charges he faced.
The other three charges were murder, a Class A felony which could have sent Claytor away for life, and first degree and second degree manslaughter.
Reckless homicide is a Class D felony and is defined by the Kentucky revised Statutes as when a person “with recklessness, causes the death of another person.”
During the trial, Claytor admitted to killing Holloway when he came to his home almost two years ago, but claimed it was in self defense.
Claytor said he never meant to kill Holloway, despite shooting him.