A local man was killed on Tuesday, June 25 while cutting a tree on Elm Street.

According to Wayne County Coroner Forrest Hicks, Kevin Miller, 29, was pronounced dead at approximately 12:35 p.m. that afternoon.

The tragic accident occurred at approximately 12 noon, according to Hicks.

Miller was apparently in an elevated bucket of a utility truck and was estimated to be as much as 50 to 60 feet above the ground when the incident occurred.

During the cutting of a large limb, one of the arms of the lift reportedly broke causing Miller to fall out of the bucket and land on a grassy area of the ground.

Wayne County EMS was called to the scene and was assisted by the Monticello Police Department.

Paramedics began advanced life support efforts on the scene and transported Miller to the local hospital where he later died.

Miller was taken to Frankfort to the State Medical Examiner’s Office for an autopsy due to his death being work-related and to determine the exact cause of death.

Miller is survived by his wife, Angela, and his son, Kaleb.

Services were held on Sunday, June 30 with burial in Oak Grove Cemetery.

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Defense attorneys have filed a motion requesting that the murder charge against Jimmy Massengale be dismissed.

A hearing on the motion was held in Wayne Circuit Court on Thursday, June 27, but no ruling has been made yet.

Massengale was charged with murder in connection with the May 2012 shooting death of Roger Dean.

Dean, who police said was an acquaintance of Massengale, died from multiple gunshot wounds at a residence on Davis Street.

Massengale was arrested following the shooting. He was also charged with three counts of wanton endangerment first degree and possession of a firearm by a convicted felon.

The motion filed requesting that the charges against Massengale be dismissed cites KRS 503.085, noting that a person “who justifiably used physical force in self-protection, protection of another, protection of a dwelling or residence or protection of property is immune from prosecution in any criminal or civil action or proceeding.”

The defense counsel asserts in the motion that Massengale is immune from prosecution because he was “justified in the use of force” under the statute.

Wayne Circuit Judge Vernon Miniard, Jr. heard testimony in regard to the motion but did not issue a ruling last week. A written ruling is expected to be released soon in regard to the hearing.

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Wayne County was among Kentucky counties awarded a recycling grant recently through the Energy and Environmental Cabinet’s Division of Waste Management.

The county also received a household hazardous waste grant.

The Wayne County Fiscal Court was awarded $36,899 through the 2013-14 Kentucky Pride Recycling Grant program. The county received $12,000 in funds through the 2013-14 Pride Household Hazardous Waste grant program.

A total of approximately $1.5 million in funding was awarded to communities in Kentucky through these programs.

The grants are awarded in an effort to expand recycling, reduce the amount of solid waste going into landfills and to improve environmental management of household hazardous waste, which includes electronic scrap and mercury from homes.

Grant dollars from the Kentucky Pride Fund, which is generated by a $1.75 fee for each ton of municipal solid waste disposed of in Kentucky landfills, are financing the 69 grants.

The grants require a 25 percent local match in the form of cash or “in kind” personnel, educational activities or advertising to promote the program from the cities or counties receiving the awards.