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A man who was indicted for reckless homicide three years ago has taken a plea deal for a lesser charge in Marshall County Circuit Court.

Kelly Allen pleaded guilty to second-degree wanton endangerment, a Class A misdemeanor, last month, for the shooting death of Jeremy Scott in 2018.

Marshall and Calloway County Commonwealth’s Attorney Dennis Foust, who was prosecuting the case, said the downgraded charge was in response to an amended ballistics report. Foust said the report suggested it was almost like a “fluke” the bullet even hit Scott, much less killed him.

On May 30, 2018, Allen reported to police Scott had stolen anhydrous ammonia from a tank on his property. At approximately 3:45 a.m. the next day, Allen heard an ATV near his tank, so he grabbed his .38 revolver and went outside.

He would later tell authorities he fired two rounds above Scott’s head, neither meant to hit him, as he drove his ATV toward the end of Allen’s driveway on Scale Road near Benton. But when Allen saw Scott stop, he approached him to find one of the bullets had struck his left side.

Allen told his wife to call 911, but by the time emergency personnel arrived, Scott was dead, Foust said.

Allen was originally indicted for reckless homicide by a Marshall County Grand Jury in September of that year, but the recently amended ballistics report now suggests the bullet struck something else, possibly a tree branch, before hitting Scott, Foust said.

It was not immediately clear whether Allen would serve time. He will be sentenced on Thursday.

A message left for Allen’s attorney for comment was not immediately returned.

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