The trial for a Lexington man charged with murdering his 23-year-old son after an argument on Father’s Day in a Lexington neighborhood began Monday — six years after the alleged murder took place.

James Harvey Hendron Jr., 51, was arrested in 2018 and charged with murder – domestic violence after the death of his son, Austin Hendron. James Hendron was brought into the courtroom in a wheelchair Monday afternoon for opening statements.

Assistant Commonwealth’s Attorney Phil West said during opening arguments Monday that Hendron shot his son three times in the chest, back and leg after a dispute. The incident occurred in a driveway. Prosecutors did not share what the argument was over.

While Austin Hendron was lying on the ground bleeding, West alleged James Hendron walked inside, sat in his recliner and called Tracy Curtsinger, Austin’s mom, and said, “come pick up your son. I just shot him.”

Later, West told the jury — made up of five women and eight men — when James Hendron was informed of his son’s passing, he replied, “well I guess I will have to pay for that too. I already have a grave plot. Take me to jail, it is past my bedtime.”

At the time of the shooting, Austin was with his girlfriend, Cheyenne Helm, who is expected to testify against James Hendron in court this week.

West said James Hendron initially admitted he had shot his son. Later, the story changed: he said had shot him in self-defense.

That is what Ben Church, one of James Hendron’s attorneys, claimed in court. Church told the jury simply, “(James) Hendron is not a murderer.”

Church alleged Austin Hendron was someone who regularly smoked serenity — or synthetic marijuana — and had previously physically abused his father. Church said in a previous physical altercation between the father and son, Austin had broken his dad’s ribs. Church also alleged Austin Hendron was known to carry a gun with him.

Austin Hendron was quickly leaving the home to go to his truck, and yelled to his father, “I have gotten something to you,” Church said. He alleged Austin Hendron was going to the truck to retrieve his gun out of his backpack.

Prosecutors are expecting to call family witnesses, Austin Hendron’s former girlfriend, detectives, fire department personnel, and a medical examiner to testify during the case. The trial is expected to last four days.

Heather McGregor, James Hendron’s attorney, filed a motion Monday for evidence that James Hendron was intoxicated at the time to be excluded from being presented. McGregor claimed in her motion that, while there is witness testimony that James Hendron was intoxicated, there was no breathalyzer given or other testing to definitively determine he was intoxicated.

McGregor’s motion also asked to exclude expert testimony, citing that as recently as Monday, prosecutors had not filed a notice of intent to present expert testimony.

Prosecutors wanted judge to step away from case

Despite two different attempts by prosecutors to have Circuit Judge Julie Goodman recuse herself — as recent as Friday — the trial began Monday as scheduled.

James Hendron was scheduled to stand trial Oct. 30, but that was delayed after a motion was filed claiming Goodman is the cousin to witness Elizabeth Kanis Brushway, who is a Lexington police sergeant. The motion asked her to recuse. She declined in November.

On Friday, Commonwealth’s Attorney Kimberly Baird filed a second, separate motion for Goodman to recuse herself on the grounds that she was biased and showed animus towards her office.

“At this time, the Commonwealth does not believe that this Court can be fair and impartial to the Commonwealth on any case currently pending before it,” Baird wrote in the motion. “This Court has made statements that show a clear bias and prejudice towards the Commonwealth, accusing the Commonwealth of prosecutorial misconduct, racism and selective prosecution.”

Goodman again declined to recuse herself.

This is the second motion the commonwealth has filed for Goodman to recuse on a case dealing with a murder charge after Goodman issued an order dismissing a case citing prosecutorial misconduct and disparate charging by prosecutors.