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Last updated on Wednesday, November 30, 2016
(NASHVILLE) - A Brown County man accused of attacking his younger brother in Bean Blossom on September 6 is now facing an attempted murder charge.
Police arrested 58-year-old Kenneth Guy on September 7.
He is also facing charges of criminal recklessness, a Level 6 felony; and resisting law enforcement, a Class A misdemeanor.
Prosecutor Ted Adams petitioned the court last week to add the attempted murder charge, which has an advisory sentence of 30 years.
On November 22, Brown Circuit Court Judge Judith Stewart granted an order to add attempted murder to the charges, but on the next day, she filed a notice of intent to reconsider saying she was concerned to allow an amendment of that nature so close to the trial date.
Guy pleaded not guilty to the new charge.
Guy is accused of injuring his brother, 56-year-old David Guy.
On September 6 police were called to a home at 8:30 p.m. after a report of a shooting at in the 5500 block of Old Settlers Road.
When officers from the Brown County Sheriff's Office, Nashville Police Department and Indiana Department of Natural Resources arrived, they found David Guy lying in the front yard with a serious head injury.
According to a probable cause affidavit, the injured man told police he had been sitting on his porch eating dinner and his brother was moving items out of the house.
The brothers' sister told police that she received two voicemails that night: One from Kenneth that made no sense, and another from David that said, "Kenny has shot me and hit me in the head with a baseball bat. Call police."
Police found a kitchen knife, a butcher knife and several drops of blood where David Guy said he was sitting. In the garage, officers reported finding a cutting scythe on the floor just inside the door that appeared to have blood on it.
Kenneth Guy, had hit him in the head with a ball bat and had shot him. He had two wounds to both sides of his head.
David Guy was taken by ambulance to Columbus Regional Hospital, then transferred to IU Health Methodist Hospital in Indianapolis. Hospital staff told police that one of the injuries appeared to be a gunshot wound, and they found evidence of debris fragments in the wound that could be from a bullet.
In the meantime, police located Kenneth Guy standing behind a mobile home on Melvin Road, near Trevlac. He ran from officers for about 75 yards before he fell. Police say it appeared Kenneth then suffered a seizure. He was taken by ambulance to IU Health Bloomington Hospital under police guard.
Police searched his car and reported finding a baseball bat and an air rifle in the front seat area.
In the Old Settlers Road home, police reported finding a .22-caliber rifle in David Guy's bedroom. They also found several items of drugs and drug paraphernalia in the home.
Police found Kenneth Guy standing behind a home on Melvin Road. Kenneth he ran from officers for about 75 yards before he fell. He was arrested and then appeared to have suffered a seizure and he was taken by ambulance to Indiana University Health Bloomington Hospital under police guard.
Police searched his car and reported finding a baseball bat and an air rifle in the front seat area.
In the Old Settlers Road home, police reported finding a .22-caliber rifle in David Guy's bedroom. They also found several items of drugs and drug paraphernalia in the home.
The victim, David Guy, is also now in the Brown County jail. On November 4, he was charged with three counts of dealing in meth. His jury trial is scheduled for January 11.
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