PRESTONSBURG — A local businessman charged with assault is feeling vindicated following a recent decision by the Floyd County Grand Jury to return an order of dismissal.
On Thursday of last week the grand jury released Malcom Layne from further criminal action in a case in which Layne had allegedly struck another man with his car. The Floyd County Grand Jury returned a report of no true bill, ordering that the case be dismissed. According to the court records, “the grand jury has not returned an indictment because the allegations and evidence are insufficient to return a felony conviction.”
Layne, 58, owner of Layne’s Motor Company on North Lake Drive in Prestonsburg, was charged with second-degree assault after Wade Conway alleged that Layne hit him with his car. Conway was renting a residence from Layne at the time.
Time Staff received reports that Conway’s case was thwarted when he allegedly appeared with a leg brace on a different leg than was originally presented as injured.
When asked about reports of Conway’s confused injury Steve Owens, Layne’s attorney, said that he had heard similar reports, but could not confirm their validity or if they had any impact on the grand jury’s decision.
Owens stated that attorneys are not permitted in the grand jury room. “I don’t want to get into what happened in front of the grand jury as I don’t know, and I’m not supposed to know. But I can say that evidence was presented, and no true bill was returned.”
Layne says that he is happy to be moving on. “I’m just glad it is over. This was just a case of renter’s remorse.”