BREAKING NEWS : Man in critical condition after shooting in Fort Wayne Full Story

The suspect in the Kentucky Kroger shooting was not charged with a hate crime. Here's why.

The suspect in a deadly shooting at a Kentucky grocery store was indicted on five counts Wednesday, includin...

Posted: Nov 1, 2018 9:46 AM
Updated: Nov 1, 2018 9:46 AM

The suspect in a deadly shooting at a Kentucky grocery store was indicted on five counts Wednesday, including murder and attempted murder, according to an indictment.

Gregory Bush, a 51-year-old white man, is accused of fatally shooting two African-Americans inside the Kroger grocery store in Jeffersontown, and in the parking lot outside. CNN has reached out to a public defender for Bush and is waiting to hear back.

Crime, law enforcement and corrections

Crimes against persons

Criminal offenses

Discrimination

Hate crimes

Societal issues

Society

Violence in society

Criminal law

Homicide

Indictments

Law and legal system

Murder

Shootings

Companies

Continents and regions

Kentucky

Kroger Company

North America

Southeastern United States

The Americas

United States

Buildings and structures

Churches and cathedrals

Points of interest

Religious buildings

Authorities say the shootings appear to be racially motivated. But prosecutor Tom Wine said that because Kentucky's hate crime statute does not include homicides, Bush was not charged with a hate crime in the deaths.

"A hate crime designation only occurs when the judge makes such a determination at sentencing. If the judge finds a hate crime designation is appropriate, it doesn't add any additional time. The designation is only useful if the judge wishes to deny probation or the parole board wants to defer parole," Wine said in a statement.

Bush could potentially face federal hate crime charges. Federal investigators are looking into potential civil rights violations, including hate crimes, said Russell M. Coleman, the US attorney for the Western District of Kentucky.

Hate crimes are considered more difficult to charge and prosecute than other criminal charges, largely because they require law enforcement to prove a specific motivation of bias.

Bush faces two counts of murder for the shooting deaths of Maurice Stallard, 69, and Vickie Jones, 67, according to the indictment. Police say Bush went into Kroger after he tried and failed to enter First Baptist Church, a predominantly black church nearby.

First Baptist Church administrator Billy Williams usually monitors the building's security cameras and lets people in. But he wasn't at his desk on Wednesday when cameras showed the suspect circling the building or standing at the entrance. Had he been there to greet the suspect, Williams does not think he would be alive today. And he believes his church and the victims were targeted because of the color of their skin.

"I don't believe the individual came by our church to do us anything but harm," he told CNN.

Bush is also charged with one count of attempted murder stemming from what authorities described as an exchange of gunfire with an armed civilian. The indictment identifies the armed civilian as Dominic Rozier. Bush is charged with two counts of wanton endangerment for firing shots in the directions of two more people, Kiera Rozier and an unidentified juvenile.

Jeffersontown Mayor Bill Dieruf said on Monday that the shooting is being investigated as a hate crime based on the circumstances, including the race of the victims and the defendant. Dieruf said investigators are looking into reports that Bush told a bystander before he was captured that "whites don't shoot whites."

Bush remains jailed on five million dollars bond. His next court appearance is Friday, he said.

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 77565

Reported Deaths: 3105
CountyConfirmedDeaths
Marion16304733
Lake7840283
Elkhart499287
Allen4103164
St. Joseph368183
Hamilton2941104
Vanderburgh208215
Hendricks1972109
Cass18099
Johnson1800119
Porter139139
Clark133350
Tippecanoe126312
Madison104866
LaPorte95730
Howard93865
Kosciusko87212
Bartholomew84447
Floyd83750
Marshall80123
Monroe77732
Delaware76852
Vigo75213
Dubois71812
Noble70829
Boone70446
Hancock69439
Jackson6065
Warrick60030
Shelby57228
LaGrange56910
Grant53230
Dearborn52228
Morgan49235
Henry46020
Clinton4564
Wayne40210
White38011
Montgomery36321
Lawrence35827
Harrison35524
Decatur34732
Putnam3288
Daviess28420
Miami2792
Scott27810
Jasper2592
Greene25634
Franklin24915
Gibson2434
DeKalb2424
Jennings23212
Ripley2208
Steuben2173
Fayette2057
Carroll2033
Perry18813
Posey1810
Starke1817
Orange17924
Wabash1795
Wells1782
Fulton1742
Jefferson1722
Knox1681
Whitley1606
Tipton15416
Sullivan1521
Washington1481
Clay1415
Spencer1393
Randolph1325
Huntington1303
Newton12110
Adams1202
Owen1101
Jay940
Rush914
Pulaski841
Fountain762
Brown752
Blackford662
Pike660
Ohio656
Benton630
Vermillion610
Parke591
Switzerland560
Martin500
Crawford480
Union410
Warren251
Unassigned0207

Ohio Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 105426

Reported Deaths: 3755
CountyConfirmedDeaths
Franklin19124533
Cuyahoga13999519
Hamilton9917260
Lucas5544324
Montgomery4544101
Summit3712224
Butler307064
Marion295245
Mahoning2644258
Pickaway240442
Stark1931142
Warren187739
Lorain186777
Columbiana169960
Trumbull1578111
Fairfield144933
Delaware137819
Licking136751
Clark121815
Lake115443
Wood110158
Clermont98111
Medina97736
Miami88139
Allen81746
Tuscarawas80114
Portage78063
Greene74212
Mercer66813
Belmont62826
Richland62612
Erie61928
Ashtabula58046
Madison58010
Wayne56759
Geauga56545
Ross5204
Darke42529
Huron4135
Hancock4103
Sandusky40717
Ottawa40527
Athens3642
Holmes3316
Lawrence3230
Auglaize2866
Union2771
Scioto2601
Muskingum2561
Seneca2424
Jefferson2403
Preble2192
Shelby2194
Knox2189
Putnam21517
Washington21222
Coshocton1999
Champaign1922
Morrow1852
Hardin18012
Crawford1775
Clinton1746
Highland1692
Logan1692
Perry1643
Fulton1581
Ashland1563
Defiance1554
Wyandot1559
Brown1502
Williams1393
Fayette1260
Henry1242
Hocking1229
Guernsey1217
Carroll1145
Monroe9418
Pike800
Gallia781
Jackson780
Van Wert732
Paulding720
Adams682
Meigs630
Vinton322
Morgan310
Harrison261
Noble190
Unassigned00
Fort Wayne
Clear
66° wxIcon
Hi: 86° Lo: 64°
Feels Like: 66°
Angola
Few Clouds
64° wxIcon
Hi: 86° Lo: 64°
Feels Like: 64°
Huntington
Broken Clouds
67° wxIcon
Hi: 85° Lo: 64°
Feels Like: 67°
Decatur
64° wxIcon
Hi: 86° Lo: 64°
Feels Like: 64°
Van Wert
64° wxIcon
Hi: 85° Lo: 64°
Feels Like: 64°
Storm Chances Friday
WFFT Radar
WFFT Temperatures
WFFT National

Community Events