LOUISVILLE, Ky. (WDRB and WLEX) -- The attorney for a University of Kentucky student charged in the death of a 4-year-old boy wants a court to throw out evidence the attorney says serve only to stir up emotions.

Jacob Heil faces charges of reckless homicide and operating a motor vehicle under the influence. Authorities said Heil was over the legal limit when he struck Marco Shemwell, 4, who was leaving a football game with his parents in September 2018. The boy died two days after the crash.

Heil had a blood-alcohol content of .051, according to police.  That's below the legal limit for adults, but above the legal limit for people under the age of 21. Heil was 20 at the time.

Heil’s attorney, Christopher A. Spedding, asked the court to exclude the results of Heil’s breathalyzer test and photos of the boy’s shoes, which were knocked off after he was struck.

"The photos serve no purpose other than to garner emotional reactions from the jurors as the victim's shoes are completely irrelevant to the charge of the instant matter," the attorney’s court filings read.

According to WLEX, Spedding also wants to question jurors about how much they know about the case from media. He also requested that jurors have access to the crash site to weigh factors including whether the boy was in the road or standing beside it.

A hearing on the matter was scheduled for Friday but has been delayed until January.

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