Arguing that Michael Wayne Petrey did not have an attorney when he pleaded guilty to the misdemeanor charges stemming from an incident where he allegedly hit 12-year-old Meghan Roehrich with his car and then fled the scene, attorney Jim Wren asked that his client be allowed to withdraw the guilty plea.
Petrey, who is charged with second-degree assault, leaving the scene of an accident, driving with no insurance and driving with no license, was scheduled for a preliminary hearing Tuesday to determine whether a grand jury should hear the case against him and to be sentenced on the misdemeanor charges to which he pleaded guilty at his arraignment on July 27.
After listening to Wren’s argument, District Court Judge Kathy Prewitt permitted Petrey to withdraw the guilty plea. Wren then agreed to waive the case to the grand jury, which will next meet on Sept. 7 and return indictments on Sept. 13.
Wren asked Prewitt to consider amending Petrey’s bond, which was set at $50,000 cash when he was arrested July 26.
Wren told the court that the only thing holding Petrey in jail was the current case, but it is impossible for him to post the $50,000 in cash. Wren added that without an amended bond, preferably to some type of surety bond, Petrey is likely to remain in the Whitley County Detention Center until the grand jury returns indictments in September.
"The bond will remain the same," Prewitt responded.
According to Corbin Police, Petrey was traveling north on U.S. 25W just south of Interstate 75 when he hit Roehrich as she tried to cross the highway to visit her grandmother.
After hitting Roehrich, police said Petrey fled the scene. A tow truck driver followed Petrey to a home on South Kentucky Ave. and called police.
Corbin Police Col. Bruce Rains, who had been listening on his police radio, went to the home and arrested Petrey.
Rains said Petrey told him that Roehrich ran out in front of him and that after he hit her, he got scared and drove off.
Roehrich was airlifted to the University of Kentucky Medical Center with injuries to her leg, head and pelvis.
Family friends said Roehrich has pins in her broken leg, but is in good spirits. She remains at the University of Kentucky Medical Center.
