Attorneys speak on Mutter’s “not guilty” verdict

SCOTTSVILLE, Ky. – A follow up to a story WNKY reported on Thursday: an Allen County man charged with murder is found not guilty by a jury.

Jackie Mutter was arrested and charged with murder in April of 2019.

But, Thursday night, Mutter was acquitted for the shooting death of Wendell Jackson that occurred in January of 2017.

Mutter’s attorney, Ken Garrett, stated Mutter was practicing self-defense which lead to the verdict.

“When he was shot, he then returned fire to Mr. Jackson. One of the first shots struck Mr. Jackson in his right hand along the interior of his thumb and we were able to prove that [it was self-defense] because the only way that that wound would’ve happened is if Mr. Jackson himself were holding a firearm,” said Garrett.

Although Mutter did receive a shot to his arm, the prosecution argued that an innocent man wouldn’t stay silent for so long.

“The concern we had was the fact that [Jackson] was shot in the back. If it was self-defense, [Mutter] didn’t act like it was self-defense. He was hiding. He didn’t contact anybody. None of this is anything a person who is shooting someone else in self-defense would do,” said Morgan.

A major question of the case was: why didn’t Mutter speak up and contact police if he was acting in self-defense?

“I made a big deal about [the concern that] [Jackson] may have been alive, lying there alive and might’ve had his life saved had [Mutter] contacted authorities, but he did not,” said Morgan.

“Mr. Mutter didn’t quite know what to do. He had never been put in this predicament before where someone had pulled a gun and actually shot him. And, because he knew that there would be a lot of questions asked, and because there could be some doubt as to the veracity of what he was saying, he realized that he was basically being put in a position that he didn’t asked to be in. But also, that he could have ended up in the legal system which ultimately, he did,” said Garrett.

Commonwealth Attorney Corey Morgan says both attorneys presented solid cases and that this case was a difficult one.

“The family was obviously and understandably upset. We certainly respect the jury and respect that they understood, and they felt that it was a self-defense situation,” said Morgan.

“I feel very confident that the legal system has worked. I believe that the evidence that was presented in the courtroom showed that he was not guilty of the offense that he was charged,” said Garrett.

Mutter still faces drug related charges and remains in the Allen County Detention Center.