Jack LattaStaff Writer
July 10, 2012
PRESTONSBURG — Sentencing will be held for Marion Kilburn, Friday, in Floyd County Circuit Court.
Following a trial earlier this spring, jurors returned a guilty verdict against Kilburn for being responsible for a two-car accident in February 2011, during which he was driving under the influence and on the wrong side of the road.
Kilburn was found guilty of first-degree assault, fourth-degree assault, driving under the influence, and no insurance.
In June, jurors recommended the 61-year-old Kilburn to 23 years in prison. Kilburn’s charge was enhanced for being a persistent felony offender.
On Friday, in Floyd Circuit Court, Kilburn will go through the formal sentencing phase before being transported to prison. Following the guilty verdict, Assistant Commonwealth’s Attorney Amy Tufts Jervis said, “I’m very happy with the decision. I’m thankful to the jury for coming in and giving that verdict.”
On Friday, Feb. 4, 2011, Joey Conn and his then 5-year-old daughter, Olivia, were returning home on U.S. 23 near Allen, when a vehicle driven by Kilburn, on the wrong side of the road, hit the pair head-on. According to testimony during the trial, Kilburn’s blood alcohol level at the time of the accident was nearly three times the legal limit.
Capt. David Hay, a collision expert with Kentucky State Police, who testified that the Conns were traveling at roughly 51 miles per hour in a full size Chevy pick-up, when they were struck by Kilburn’s Pontiac four-door sedan. Hay testified that the weight difference between the two vehicles, and the fact that the Conn’s vehicle was knocked backward 17 feet, led investigators to approximate Kilburn’s rate of speed at nearly 80 miles per hour.
Olivia Conn was severely injured in the accident. According to testimony in the trial, she suffered a complete rupture of her duodenum and bruising of her colon and pancreas, while also sustaining a fracture to her back.
Kilburn had been released from jail on alcohol related charges only days before the accident.