UK suspends freshman charged with hitting and killing 4-year-old boy outside Kroger Field

LEXINGTON, Ky. (WDRB) -- The University of Kentucky has suspended 18-year-old freshman Jacob Heil after Lexington Police say he hit and killed a 4-year-old boy outside Kroger Field on Saturday.

Heil, who said he was leaving a tailgating party where he drank two beers, is accused of hitting Marco Lee Shemwell on Cooper Drive. In an email to students, faculty and staff Tuesday afternoon, President Eli Capilouto said Heil and the fraternity where he has pledged, Alpha Tau Omega, have been suspended "pending the outcome of investigations by Lexington and UK Police and our Office of Student Conduct."

The fraternity must cease all activities, and a university employee will serve as resident director. Below is the full message from Capilouto:

Dear Campus Community,
The entire University of Kentucky community is heart-sick at the loss of a young child following a tragic accident near Cooper Drive this past weekend. Please join us in extending our deepest condolences to his family and other loved ones. They are part of our family, and we will always be there for them.
These events compel us to ask ourselves with renewed purpose how we can promote a safe campus for everyone – our students, faculty, staff, and those who visit us. In that context:
1)    The UK Police Department has opened an investigation and is working closely with Lexington Police. In preparation for this Saturday night’s game, UK police will install additional lighting along heavily traveled roads around the stadium.
2)    The student involved in the accident has been suspended from the University, pending the outcome of investigations by Lexington and UK Police and our Office of Student Conduct.
3)    The fraternity where the student has been a pledge – Alpha Tau Omega (ATO) – has been suspended on an interim basis, pending these same investigations. An interim suspension means all fraternity activities must immediately cease. Members may remain in their house during this time. A University employee has moved in to serve as a resident director. Administrative staff with the Dean of Students Office are working with the organization’s national chapter -- which also is conducting an investigation -- to ensure appropriate actions are taken.
4)    Provost Blackwell and his senior leadership team met Monday evening with the leadership of all four UK Greek Life organizations as well as leaders of individual chapters and Student Government Association President Michael Hamilton. Their discussion centered on:

Our firm expectation that the law and University policies regarding the legal consumption of alcoholic beverages be followed.
Our Code of Student Conduct speaks clearly regarding drinking, hazing, on-campus and off-campus parties, and appropriate conduct at all times. Whether on or off campus, the Code of Student Conduct applies and will be enforced.
Our commitment to work with student leaders to create a fun environment on game day, but one that – most importantly – is safe and inclusive. This year, UK’s Office of Student and Academic Life initiated the Student Gameday Zone, a place where students can come together for free food, games, and football tickets in a safe and entertaining atmosphere. We encourage students and organizations to register each week for this experience.
How we can continue to improve the game day experience to maximize student participation. Subsequent meetings are being scheduled to continue the dialogue with student leaders regarding our expectations and how we can work together to improve the gameday experience and ensure the safety of everyone.
We are united in our commitment to creating a welcoming, inclusive, and safe community that values each member and those who visit us. That means being open to new ideas, appropriate safety measures and policies, and further dialogue to promote the safety and well-being of all those who call this community home and for all those who visit with us as members of our extended UK family.
Thank you for your commitment to our shared community.

Eli Capilouto
President

University officials said Shemwell died at Kentucky Children's Hospital on Monday afternoon.

According to a letter sent by UK to the fraternity informing it of its suspension, Director of the Office of Student Conduct Dominick Williams said ATO "allegedly held an unregistered tailgate event off campus at 214 Waller Ave."

Williams said the fraternity provided information to the university about the party, including that money was pooled among fraternity members to purchase alcohol on Friday, which was then served to minors Saturday. ATO also told UK that every pledge was at the house for the party.

Those actions, according to Williams, violates two university conduct provisions concerning the misuse of alcohol and hazing.

Several UK leaders responded to the tragic death, providing their condolences to their Shemwell family.

Head football coach Mark Stoops tweeted: "Chantel and I, along with the Kentucky football family, are in grief for the Shemwells, their family and friends. It is hard to put into words the hurt we feel in our hearts, and our prayers and deepest condolences are with the Shemwell family and all affected by this tragedy."

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The university's Director of Athletics Mitch Barnhart posted on Twitter: "Our hearts are broken for the Shemwell family. We ask our fans to join us in supporting them through unimaginable tragedy while respecting their privacy. Our thoughts and deepest condolences are with Marco's family and all those whose lives he touched. We pray for peace for them."

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University of Kentucky President Eli Capilouto released the following statement on Twitter: "The entire University of Kentucky community is heart-sick at the loss of our young friend and fan. In this awful moment, we hope his parents, brother, and other loved ones feel the warm and caring embrace generated by every soul in our UK family. And let us care for one another with intention and compassion, as we mark another reminder of the fragility of this life."

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According to Lexington Police, Heil, was driving under the influence when the incident happened on Cooper Drive. Shemwell was hit just after 2 p.m. Saturday during UK's football game against Murray State. A portable Breathalyzer found Heil's blood alcohol was .051. The legal limit for a person over 21 in Kentucky is .08, but he was over the limit of .02 for someone under 21.