The Letcher County Grand Jury has determined that a 56-year-old Mayking man was acting in selfdefense when he shot his 29-yearold son in August.
In a “report of no true bill and order of dismissal,” the grand jury said there was “insufficient evidence” to prove that David Oliver “Big Dave” Fugate committed a crime when he shot David Oliver “Little Dave” Fugate inside the elder Fugate’s home around 10:51 p.m. on August 24.
“Little Dave” Fugate suffered gunshot wounds to his inner thigh and abdomen during the altercation, which occurred at his parents’ home on Cram Creek. At the time of the incident, Kentucky State Police said they had been “advised that David Fugate Jr. allegedly began approaching his father in a threatening manner, at which time David Fugate Sr. fired” shots from a .380 handgun.
Police said the incident occurred after “Little Dave” Fugate began arguing with his mother, Jackie Fugate. Police said a female acquaintance of the younger Fugate, Jessica Moberly, was assaulted when she tried to intervene between mother and son.
The day after the incident occurred, state police said the results of their investigation into the shooting would be submitted to the grand jury “as soon as possible.” The jury rendered its decision in the matter on November 6.
While the younger Fugate was recovering from the gunshot wounds in a Kingsport, Tennessee hospital, he told The Mountain Eagle the argument began after he and Moberly returned to his apartment, which is located next to his parents’ home, and found that someone had stolen his medicine.