Sunday, March 9 2014 8:35 PM EDT2014-03-10 00:35:58 GMT
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LOUISVILLE, Ky. (WDRB Fox 41) -- 62-year-old Archie Hillard Ashley pleaded not guilty to murder charges in court Monday morning. He was arrested in the murder of 15-year-old Andrew Elliott.
Police say around 9:45 p.m. Saturday they were called to 42nd and Herman where they found Elliott fatally shot.
A uniform citation details the events leading up to the shooting. It says Elliott and two other juveniles were throwing rocks at Ashley's house and car when he came out and confronted the group. During the third encounter, the citation says Ashley took a .22 caliber revolver from his pocket and fired two shots at the juveniles.
A bullet struck Elliott in the back, killing him. After the shooting, according to the citation, Ashley removed the spent shell casings from the gun and placed them in an unknown location in an effort to hide the evidence. It also says he hid the gun and other ammunition in the bathroom in his home.
Ashley is charged with murder, tampering with physical evidence, and two counts of wanton endangerment. His bond was set at $500,000 at arraignment this morning. The judge added her own stipulation.
"We have a non-financial condition of release: no possession of firearms," she said.
On Monday afternoon, the family of Elliott held a press conference along with community activist Christopher 2X. They expressed their own anger against Ashley.
"First of all I just want to let you know that we wouldn't approve of any rock throwing if there was any rock throwing and Andrew would know that we felt that way," said Peggy Jarboe, Elliott's step-grandmother.
Jarboe stressed that she wasn't yet convinced that Elliott threw any rocks, but that if he was, it still wasn't an excuse for Ashley's alleged actions.
"There is no call for what this gentleman done," she said, fighting back tears. "He could have handled this situation in another way. He could have called the police or whatever. There was no reason to shoot a 15-year-old in the back."
"I've raised two children myself, and teenagers will tend to do silly things, you know," she added. "But that is still no reason for a 62-year-old man to shoot the 15-year-old kid in the back. There's just no call for it. Absolutely. Absolutely no call for it."
When asked what punishment would be fit for Ashley, she was quick to respond.
"I want this man to get the death penalty," she said. "That's exactly what he deserves. If he wanted to do something, he should have said something and had the child turn around. But he shot him in the back. He just flat shot him in the back!"
"Nobody should be shot in the back running away for throwing a rock," said another family member.
Visitation for Andrew Elliot will be Tuesday from 2 p.m. to 8 p.m. at Ratterman Funeral Home located on New Cut Road and Southside Drive in Louisville.
Mass will be held Wednesday at 10 a.m. at Our Lady of Mount Carmel, located on New Cut Road and Southside Drive in Louisville.
The public responds
A number of people on the Fox 41 Facebook page have commented on the shooting, some supporting Ashley and others blasting what he allegedly did:
Shannon says: "So far it sounds like he got scared and just reacted to a bunch of punks up to no good."
April: "I teach my children that throwing rocks (or smarting off) indeed can make someone want to shoot you, because people are just crazy these days. Not surprisingly, all four of my children are still alive. Coincidence? I think not."
But others disagree: Nancy says, "Craziness, I tell you! He could have just called the cops instead of taking it into his own hands. That boy would still be alive."
And Gretchen says: "He should have called the police. Now he's in jail and a boy is dead. Nobody wins."