Found Deceased KY - Savannah Spurlock, 22, left 'The Other Bar' with 2 men, Richmond, 4 Jan 2019 #6 *Arrest*

[jULIA_bEE]

Here’s another article on it. At the bottom, it talks about how it would go into effect 7/1/19
Murder victim's family working to create 'Kristen's Law'

 

[ZoriahNZ]

So does that mean the new law won't apply to this case?

 

[jULIA_bEE]

So does that mean the new law won't apply to this case?

I don’t know. I noticed it was still in the system as a misdemeanor the other day bc it hadn’t been updated yet. I do think they’ll probably try to keep his charge as a felony. I’m curious to read the actual wording of the charge. Does abuse of corpse only apply on the day it was buried or whatever constitutes as abuse or does it apply for the entire time? She was found after 7/1, but buried before.

 

[jULIA_bEE]

There used to be 525.12 misdemeanor abuse of corpse and 525.12(2) felony abuse of corpse and that was sexual in nature. Kristen’s law changed it to where abuse of corpse is a felony, period. I really think they’re keeping him without bond, and no priors, bc they’re able to charge him with that as a felony. I’m hoping the date she was buried doesn’t play a factor into whether it’d be a misdemeanor vs a felony.

 

[jULIA_bEE]

Technically he does have priors, but none are violent, just for clarity.

 

[bwt42]

The abuse would have to be when she was buried. The date a crime occurred not when its discovered is what you go by. jmo

 

[jULIA_bEE]

The abuse would have to be when she was buried. The date a crime occurred not when its discovered is what you go by. jmo

That’s what I was thinking too. But I don’t know how it works for abuse of a corpse. I think they’re getting him for the felony though.

 

[ZoriahNZ]

I would presume, though, that since the crime occurred in Jan, the new law wouldn't apply.

 

[Seattle1]

He has a lawyer. How can they hold him on a possible misdemeanor indictment until mid August without bail. Is there anyone that can explain this. I guess he might want to stay in jail & so instructed his attorney.

Sparks will remain in jail without bond until a judge reviews his bond. The case was waived to a grand jury.

Court testimony reveals new details of Savannah Spurlock's death

Above was after his preliminary hearing, and judge said he'd look at it.

Also, I posted in prior thread that KY made commercial bail bondsman illegal several years ago so even it bail granted, DS may still have to remain behind bars if no assets to meet bail conditions.

MOO

 

[jULIA_bEE]

I would presume, though, that since the crime occurred in Jan, the new law wouldn't apply.

That’s how it typically works. That’s why I think his atty would have a good argument for it being a misdemeanor.

 

[bwt42]

David Sparks: 5 Fast Facts You Need to Know | Heavy.com Sparks has been charged with code 50230 tampering with physical evidence-a felony 02602 abuse of a corpse-a misdemeanor

 

[bwt42]

Sparks will remain in jail without bond until a judge reviews his bond. The case was waived to a grand jury.

Court testimony reveals new details of Savannah Spurlock's death

Above was after his preliminary hearing, and judge said he'd look at it.

Also, I posted in prior thread that KY made commercial bail bondman illegal several years ago so even it bail granted, DS may still have to remain behind bars if no assets to meet bail conditions.

MOO

It was initially stated the grand jury would hear the case this week. It has now been pushed back until mid August. I would think a judge can't stall forever in making a bond decision. jmo

 

[nolabound]

That’s how it typically works. That’s why I think his atty would have a good argument for it being a misdemeanor.

I feel that abuse of a corpse would be ongoing until Savannah received a proper burial. Not sure how it would play in court but perhaps the case could be made. Other thought would be perhaps he is safer in jail than on the street.

 

[MarieWS]

Agreed. She is not formally buried yet imo. I read that as they held a Memorial Service for all to gather and show their respects.

She was in a closed coffin and buried on Wednesday.

 

[wary]

I feel that abuse of a corpse would be ongoing until Savannah received a proper burial. Not sure how it would play in court but perhaps the case could be made. Other thought would be perhaps he is safer in jail than on the street.

Welcome to WS, nolabound!

I tend to think that the old law would apply. But you have a point—her body was under his control the entire time—a sort of continuing crime. Well, since I don’t think it was an accident, I’m hoping they can find some proof of the cause of death. That might make this all a moot point.

 

[jULIA_bEE]

Welcome to WS, nolabound!

I tend to think that the old law would apply. But you have a point—her body was under his control the entire time—a sort of continuing crime. Well, since I don’t think it was an accident, I’m hoping they can find some proof of the cause of death. That might make this all a moot point.

That’s what I’m wondering too. I want to know if the crime is committed at the point of burial, or if it’s the whole time.

 

[jULIA_bEE]

David Sparks: 5 Fast Facts You Need to Know | Heavy.com Sparks has been charged with code 50230 tampering with physical evidence-a felony 02602 abuse of a corpse-a misdemeanor

The only issue I have with sites like that listing it as a misdemeanor, is that if you do a quick cursory search, there are still a lot of sites that haven’t updated it to a class d felony since it’s such a recent upgrade. Some of the state databases haven’t upgraded it in their systems yet either.

 

[Deleted member 158085]

In line with my defense theory I believe he could argue that he felt (rightly or wrongly) some degree of culpability and that is why he panicked & tried to cover up her death.

It wouldn’t be a very effective argument.

 

[Deleted member 158085]

I feel that abuse of a corpse would be ongoing until Savannah received a proper burial. Not sure how it would play in court but perhaps the case could be made. Other thought would be perhaps he is safer in jail than on the street.

@gitana1 - Do you know how this would pan out, if abuse of a corpse was a misdemeanor when he buried her, but became a felony prior to her being found? Would the crime of abuse of a corpse be considered ongoing as long as he left her buried, and so could he be charged with a felony?

 

[Charlot123]

In line with my defense theory I believe he could argue that he felt (rightly or wrongly) some degree of culpability and that is why he panicked & tried to cover up her death.

To respectfully oppose you, I'd like to point out that establishing death is the job of a paramedic, a nurse, a doctor, a forensic pathologist, a policeman, or someone along the lines. Not a layman.

(History knows of the situations when even doctors made mistakes).

My point is, a layperson who allegedly woke up next to a woman looking dead, might have been mistaken about it, too. (Nor is it up to him to bury the person). One could have a lot of questions to him, but first one should be, «are you even trained to establish death?»