Mentally disabled Elizabethtown man indicted for murder of caretaker
His attorney said the jail is making exceptions for his disabilities by allowing him to have his coloring books and markers in his cell with him.
HARDIN COUNTY, Ky. (WDRB) – A Hardin County grand jury has indicted Lindale Cunningham for murder, according to Cunningham's attorney.
Cunningham was charged with murder after Hardin County Sheriff's Department deputies said he admitted to stabbing his caretaker, 66-year-old Sally Berry, on Jan. 3.
The Elizabethtown group home where the murder happened is a ResCare facility, which cares for adults with developmental disabilities. The 32-year-old suspect lived there with two other adult patients. Berry was one of the caretakers that worked in shifts at the home. Her body was discovered by another caretaker coming to take over the next shift.
The grand jury's decision comes after a judge said he had a difficult time finding probable cause in January, saying it was the "closest case" he'd ever seen.
At the Jan. 9 preliminary hearing, the lead investigator with the Hardin County Sheriff's Department testified the evidence for charging Cunningham with murder included his confession to deputies and the fact he led deputies to the murder weapon. More potential evidence in the home, including bloody clothing and other items not belonging to Cunningham, were collected weeks after the murder.
With the grand jury decision to indict, Cunningham will remain in jail. His attorney said the jail is making exceptions for his disabilities by allowing him to have his coloring books and markers in his cell with him.
Cunningham has an alleged history of violence. Charges were dropped in 2014 after he was accused of threatening to kill people and chase workers with a knife at this same home. It is not clear if that will be a factor in this murder case.
A spokesperson with ResCare released this statement Thursday evening:
We appreciate the opportunity to comment. Unfortunately, we cannot comment on residents we serve or have served in our homes, both because it is the law and because we respect their privacy.
We can say that the home that you referenced is no longer being used as one of our group home locations.
The Hardin County Prosecutor's Office has not returned calls for comment.
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