I know how you mourn me, I see how you weep;
Your heart's full of aching from a love that was deep.
And I'm grateful for loved ones that hold me so dear,
But remember, I've found a better place here.

I will be there beside you; always nearby;
So don't mourn me for long nor forever cry.
And whenever your sorrows bears down on your heart,
Think not of my ending, but of my new start.
For on the earth there's no joy that I'd ever see,
To compare to the joy of God smiling on me!
Author Unknown

This is the article from the Mountain Citizen's August 15th edition describing the attack on the gentle and humble man we loved so much, who was just trying to help another human out of harms way.

Questions Surround Death
Victim Beaten, run over by car
BY: GARY BALL

DEBORD - Authorities are still investigating the events surrounding the
brutal death of a 41 year -old Debord man late Friday night less that a mile
from his home. Luther Smith, a construction worker for Horn's Construction,
was beaten unconscious, thrown from a car and then ran over at least one
time, and possibly even twice. Martin County Sheriff Darrell Young said an
Inez man was driving in the area, did not see Smith lying in the road and
ran over him. Police also believe that 33 year -old Phillip Cline, of Inez,
may have ran over Smith first. Smith was pronounced dead at the scene
at 11 : 45 p.m. As of now no charges have been leveled against Cline in the
death of Smith, but he is a prime suspect.

Sheriff Young said his office received a call that a man was lying on the
highway on Davella Road. The caller, who was identified, said it appeared
the man had been beaten severely and ran over by a car.

Kentucky State Police Trooper Arthur Maynard and Martin County Sheriff's
Deputy Richard Sansom responded to the scene and found Smith lying in the
road. The victim's sister, a registered nurse, was at the scene and was
performing CPR when the two policemen arrived.

A preliminary autopsy report attributed the death to blunt trauma to the
head. Details leading up to the alleged beating are still being put together
by KSP De. Paul Estep.

It is believed that Smith was at the home of Okey Delong, on Newsome Road on
Rt.3, earlier that evening, along with Phillip Cline and his wife Gina.
Cline reportedly assaulted his wife at the Delong residence and then left.
Mrs. Cline ask Smith to take her to David Perry' s house on Davella Road.
Smith agreed. She and a unidentified young juvenile, got into the car.
According to the victim's sister, Cline left in a vehicle occupied by Butch
Crum and a unidentified female, who was the driver.
The trio was coming out of Venters Branch when Cline reportedly seen Smith's
car and told the driver to catch up with him because he had something he
wanted.

It is believed that Smith stopped his 1989 Chevy Camaro to see what Cline
wanted. Cline allegedly approached the car and began beating Smith, who was
unable to get out of the car.
Cline's wife and the young boy reportedly were inside the car during the
alleged beating. Cline allegedly pulled the unconscious man out of the car
onto the roadway

Crum and Tiny Cook reportedly witnessed the brutal beating and left the scene
and went to the victim's house to tell his sister her brother was hurt badly
and he needed help. She, along with her son , went to the scene, where she
attempted CPR.

Cline reportedly took his wife in Smith 's car back to the Delong residence
and parked it. He then allegedly took her to an abandoned strip mine site
on Newsome Road. Trooper Maynard and Deputy Sansom, who were looking for the
stolen car, found it at Delong's, and then heard at low muffling sound coming
about 150 foot away. The two officers went up the road and found Cline
holding his wife down on the ground.

He was taken into custody and the car was impounded to determine if it had
been used to run over Smith's body, according to Tpr. Maynard.
Cline has been charged with second- degree assault, second - degree criminal
mischief, violation of emergency protective order, resisting arrest,
disorderly conduct, theft by unlawful taking, terrorist threatening,
operating a motor vehicle under the influence and operating a motor vehicle
on a DUI suspended license.

He is lodged in the Big Sandy Regional Detention Center, in Paintsville,
where bond is set at $50,000.

This article from the Big Sandy News August 22nd edition was from the hearing we attended on August 21, 2001

Police probing death of man who tried to help woman

by Lilly Adkins
Martin County Bureau

INEZ –– A Martin County man charged in a brutal attack on his wife during an incident August 10, which left a man dead, will remain jailed on a $50,000 cash bond. His case was sent to a grand jury after a preliminary hearing Tuesday in district court.

Phillip Cline, 33, of Inez, is charged with second degree assault and various other charges in connection with the beating of Jeana Cline.

Luther Smith, who police say tried to help Jeana Cline, was beaten and possibly run over by a car prior to her beating. He was found lying in a roadway dead.

Cline has not been charged in connection with Smith’s death. Officials are awaiting the tests results on a vehicle Cline was driving to determine if it was used to run over him

.Witnesses at the hearing offered more details leading up to the attack on Jeana Cline and Smith’s death. The vehicle, a Camaro owned by Smith’s sister, Loretta, has been sent to a forensic lab for testing and the results aren’t expected for four to six weeks.
Smith’s sister said she tried to help her brother at the scene.

“I worked on Luther for about 45 minutes,” Loretta Smith said. “He was my only brother. It was so foggy that night that you couldn’t see him until you got right up there on him, Tiny and Butch came up to the house and got me after it all happened and they left him lying in the road...They took Phillip there and they had to have stayed there for the beating if they knew Luther was laying in the road. They should have either moved him out of the road, or one of them could have stayed there and flagged traffic. If they had, then maybe he wouldn’t have gotten run over. He still had a pulse when I got there, but when they cut his shirt off, it looked like he had a tire track across his chest. I know because I lay there for a long time crying.”
Martin County deputy sheriff Richard Sansom testified about finding Jeana Cline covered in blood and badly beaten that night. He also recalled some statements Cline made after he was arrested.

“We heard someone cough and when we turned the light in the direction of the sound, we found him (Cline) lying on top of her and she was covered in blood,” Sansom said. “The weeds were blood soaked and her clothes were covered in blood. Her eyes were swollen together. It was a couple of minutes after we got there before she said anything. Then at one point she said (her husband) held her at gunpoint and hit her. Another time she said he hit her with the gun. The gun (a 9 MM) was found inside the car.”

Sansom testified that both Phillip Cline and his wife were intoxicated when the arrest was made. Sansom also said that Cline said that, “if Smith was dead, he must have been run over.”
A witness said that Remona (Tiny) Cook and Butch Crum took Cline down the road to find his wife and that Cline took Smith’s car and beat him up, then threw him into the road.
Cline’s bond has been set at $50,000 cash.

Kentucky State Police Detective Paul Estepp is investigating..
Cline is charged with second degree assault spouse abuse, violation of an emergency protection order, terroristic threatening, theft by unlawful taking, operating a motor vehicle under the influence of alcohol second offense, driving on a license suspended for DUI, criminal mischief and a drug related charge.

A article from the August 22, 2001 issue of the Mountain Citizen

Cline denied bond

By Ronnie Hickman (Mountain Citizen Staff)

Inez- A motion for bond reduction for Phillip Cline was denied yesterday in Martin District Court by Judge Susan Johnson. Cline is a suspect in the brutal death of Debord resident Luther Smith.

Prestonsburg attorney Ned Pillersdorf, who represented Cline at yesterdays pretrial hearing, requested that Cline's bond be reduced from $50,000 cash to $50,000 property.

Family members of Cline were present and had made arrangements to post the property bond so Cline could be released.

But after hearing testimony from Martin County Sheriff's Deputy Richard Sansom, Judge Johnson ordered that the cash bond remain and remanded the case to the Martin County Grand Jury.

Cline, lodged in the Big Sandy Regional Detention Center in Paintsville since the Aug. 11 arrest allegedly brutally beat Smith and then threw him out of a car onto Davella Rd., where he was reportedly run over at least one time. This was done accidentally by a motorist who did not see Smith lying in the road.

Deputy Sansom testified that when he arrived at the scene where Smith was lying in the road, the victim's sister, a registered nurse, was administering CPR on her brother. Sansom said he gave her a mask.

Deputy Sansom said that he and Kentucky State Police Tpr. Arthur Maynard were alerted of a stolen 1989 Chevrolet Camaro that Smith had been driving. After searching, they found the car parked on Newsome Road at the home of Okey Delong.

Sansom said the while they were approaching the home, a low, murmuring sound could be heard from an old strip mine road nearby. When the officers went to investigate, they found Cline lying on top of his wife, Gina. It appeared he had beaten her until he was exhausted and had collapsed on top of her.

Cline was then taken into custody and charged with second-degree assault for allegedly beating his wife earlier that night. He was also charged with criminal mischief for reportedly breaking the side glass of a police cruiser.

In addition, he was charged with theft by unlawful taking of the Camaro, which Smith was driving before the brutal beating. Cline was also charged with terroristic threatening. He reportedly had threatened to kill his wife and two police officers. He was also charged with resisting arrest, disorderly conduct, violating an emergency protective order and driving DUI on suspended license.

On cross examination Pillerdorf asked Sansom whether he had talked to any witnesses at the scene or if he had taped conversations with witnesses. Judge Johnson said the line of questioning was getting into the discovery process, stopping the high-profile attorney.

Judge Johnson pointed out that the hearing was for probable cause and based on Deputy Sansom's testimony. there was adequate evidence to have the grand jury hear the evidence on the second-degree assault and theft by unlawful taking charges.

Johnson advised Pillersdorf that he could appeal the decision in circuit court. The judge's decision to leave the bond at $50,000 cash, she added, was due to past dealings with Cline in District Court.

Whether Cline will be charged in connection with the death of Smith is unknown. The lead investigator in the case Kentucky State Police Det. Paul Estep, has been in Frankfort this week for training and is still putting information together.

A preliminary autopsy report states that Smith died from blunt trauma to the head and chest, but a full report has not been released yet.

Commonwealth Attorney Anna Melvin yesterday said the matter would go before the grand jury.

When the incident occurred, Smith was giving Cline's wife, Gina, a ride to David Perry's house on Davella Road. A juvenile was also in the car.

It is believed that Cline was a passenger in a vehicle with two other people when they were coming out of Venters Branch and saw Smith's car. Reportedly, Cline said to the driver that Smith had something he wanted and to catch up to his car.

Reportedly, when Cline caught up with Smith's vehicle, Cline exited that car and came toward Smith's vehicle. It is believed that Smith was never able to get out of his car. Cline allegedly beat him unconscious and then tossed him out of the car.

This is the interview Loretta (Luther's Sister) gave to Mr. Hickman concerning the murder of Luther and the feelings and thoughts that are going through her mind.

Grieving sister wants answers in gruesome death of brother
BY : RONNIE HICKMAN
MOUNTAIN CITIZEN STAFF

DEBORD - Grief, fear, pain and amazement of how slow the wheels of
justice seem to run. These are the feelings Loretta Smith lives with every
day as she waits for the Kentucky State Police and the Martin County
Grand Jury to decide what charges should be brought against Phillip Cline,
who allegedly beat her brother and left him in the highway on Aug.11.
Luther Smith was allegedly beaten unconscious by Cline and then
thrown out into the roadway on Davella Road. A motorist accidentally ran
over Smith. It is not known if Cline, who had taken Smith's car after the
allegedbeating, ran over the victim also.The victim's car was impounded to determine if it had been used in the assault.

Cline has been lodged in the Big Sandy Detention Center in
Paintsville under $50,000 cash bond since his arrest the night of the
incident.However , the only charges against him concerning her late
brother is theft by unlawful taking, arising from the theft of Smith's car.
The brutal death of her brother has caused Ms. Smith to reevaluate her life.
She said that she has given up her career as a nurse and
has remained in isolation due to the phone calls saying that Cline has been
released from jail.

One of the first on the scene, she attempted to revive her
brother by CPR. Ms. Smith said she has been haunted by thoughts that she was
unable to save him.

Nearly a month has elapsed. Still, the emotions that tug at her
and her mother, Wanda, make them wonder if anyone will stand up for Luther
and allow his voice to be heard.

" My brother did not deserve to die as he did", Ms. Smith said.
I am the only child left and I have to care for my mother who has cancer,
and I can no longer work in my capacity as a nurse.

What bothers and eats at me the most is that I'll never see
my brother again. Yet, the cLine family can see Phillip anytime they want to
and yes I do live in fear that he may get out of jail.Because of this fear,
my 16 year -old son is being home schooled. Waiting to see if anything will
be done is the hardest part right now, but the fact remains that I will
never see my brother again and they (Cline family) will get to see Phillip
regardless of what happens".

On the afternoon shortly before her brother's death, Ms.
Smith checked on a couple of nursing jobs available in the county as she was
planning on returning to work.She and her brother had worked out a work schedule to care for their mother. The deal was if she got one of the twojobs she would work nights so she could care for her mother while he worked during the day for
Horn's Construction.

Shortly before his death, he had decided to go down the road
to see if he had to work the next day. Meanwhile his sister took her four
year -old son, Lako to the Martin County Fair that evening.
After returning home that night Ms. Smith was on the phone
when Remona Blevins and Butch Crum came to her door, saying that she needed
to come quickly because Luther was hurt bad.
Blevins told her that Phillip Cline had beat her brother and
that he was laying in the road about a quarter mile from Ms. Smith's home.

" That ( administering CPR) was the hardest thing I've tried
to do", she said. " I feel I did not do enough and that failure made me give
up thoughts of returning to nursing.

" What hurts is that Remona is my second cousin and Butch was
supposed to be Luther's lifelong friend. They did nothing to help my
brother, except stand and watch. This has been my home for 36 years and up
until now, I've always felt safe. But now I find that people who I assumed
were my friends turn out not to be what they seem".

Ms. Smith thought that her brother and Cline were also
friends. She said that Cline had called the week before asking for Luther's
cell phone number to see if Luther would use her truck to help him move to
VanLear. Smith did help Cline move, Ms. Smith said, and he used the
Camaro, which Cline reportedly stole after allegedly beating her brother
unconscious and throwing him in the road.

'Even with Phillip's reputation, I never imagined he was
capable of doing something like this, especially to Luther because of their
friendship", she said. You don't beat a friend unconscious and throw him out
on the road. You don't do that to any human being.
"At the courthouse ( the day of Cline's arraignment) I
tried to put myself in the shoes of Phillip's brother and family. I thought
that if the roles were reversed and it was Luther who had done this, would I
try to get him out of jail? I could not.

" They have the luxury of seeing Phillip and knowing that
he will be out of there one day. My brother is in his grave. Is that fair?
" Jenny Ward, the Johnson County public advocate, has been
helpful. I have to believe there is someone who will help me and Luther.
"There has to be someone out there who will make sure justice is served."

This letter has been sent to every newspaper we can think of and if you can think of anyone else to send it to let me know in the guestbook Thanks Momo!

My name is Loretta Smith and I am writing this after spending hours in the Martin County courthouse on September 27th thinking Justice was being done for the brutal beating and death of my brother Luther Smith and realizing at the end of the day that there is no justice in Martin County.
At the end of a emotionally trying day, Commonwealth Attorney Anna Melvin came out into the courtroom and ask if the was any members of Luther Smith's family present, I identified myself as Luther's sister and she stated she needed to talk with me, I ask for all family members to be present.
What Ms. Melvin had to say to us was just as shocking to the family as Luther's death. Somewhere along the way from the time Luther was beaten and left in the road till now this case seems to have changed from a murder case to a domestic violence case, and it was very apparent to this family that Ms. Melvin missed her true calling as a Domestic Violence Advocate. She gave us all the statistics on Domestic Violence during her term, and how now people are waking up to how serious a problem this is in the state, but what about Luther? Was he not put into this to stop a incident of Domestic Violence and at what price, his life. So what are we to do, forget how and why Luther died and do as Ms. Melvin ask of this family and be the support system for Gina Cline, and keep her strong while feeling that we are being disloyal to Luther by not trying to see that justice is done for his death.

We agree what Phil did to Gina was a terrible crime, and we are truly sorry that Luther was unable to get her to the safety Gina ask him to get her to, but she is still alive, her family can still see and talk with her. Phillip is still alive his family can still see and talk with him. They both are able to be present in a courtroom to tell their side of what happened, both are able to try and see that any justice due them is delivered by the legal system by due means whether the public agrees with it or not. Luther is gone, I will never be able to look into his face again, his voice will never to be heard again. Luther too is a victim and just because he has been silenced by this horrendous crime does not mean he should not receive Justice! For this woman to ask this family to be a support system is asking entirely to much from a family who has been put through this much pain and heartbreak.

Also in this meeting Ms. Melvin told us of her connection and friendship with the Cline family. Phillip's sister Madonna is co-owner of the Paintsville Marina and there is a connection there. A member of the Cline family lives 2 doors down from Ms. Melvin, and another younger member of the family is very good friends with her daughter and she told us she has grown very fond of this young man. As a family we have to question, has this connection left her wondering if her summer fun was in jeopardy or her daughters relationship with Phillip's nephew or her family's safety from the Cline neighbor of hers.

We questioned her about what had happened in the courtroom concerning the bond of Phillip Cline and my concerns that my family did not feel safe in the event he was released and she said that is why she made the stipulation that Phillip Cline was not to have any contact with Gina Cline, Gina's family or any of the witnesses in the case. Again where does that leave the Luther Smith's family? We are not witnesses in the case because there is no case for Luther's death, what about us? We have no legal protection. Her response to this was for me to pack up my sick mother and leave town for awhile. Leave the place we have lived for 36 years, leave the only home I have ever known, leave the place where my mothers doctors are, leave the place that up until August 11th was my safe haven, leave the place where my father, brother and uncle are buried ! My question to Ms. Melvin is how are we supposed to do this and still be the support system for Gina? You stated that your house may be burnt down but you where going away so no one would be there. Apparently your house is just a house and not as precious to you as the place that I call home is to me!

Ms. Melvin also told us that we would now be dealing with her assistant that she was taking a behind the scene approach to this matter. I am wondering if this because of the connection to the Cline's, or because she knows that Phillip is coming out of that jail and she is getting herself out of the line of fire that she has placed my family in.

This family is aware of who Phillip's lawyer is in this case and are also aware of his reputation. Mr. Pillersdorf represented my ex-husband in a case a few years back and my ex-husband as a businessman has a friendly relationship with Mr. Pillersdorf. As far as getting a lawyer when you need one and going by Mr. Pillersdorf's reputation if I needed a lawyer to represent me he would be who I would choose too, but for Ms. Melvin to tell the family of a victim that she has worked with Mr. Pillersdorf for 10 years and enjoys working with him, and how he would not have taken this case if he didn't think he could win, it is like saying folks this ship is sinking and guess what I have the only life jacket so grab a seat and start singing Amazing Grace because your going down with this ship!

We have been told not to talk to the press or media any more but we feel that is the only way Luther's story is going to get told, and the only way that citizens like you and me are going to know just what the people have elected to make sure your rights are protected, or when a wrong is done to you or your family, that someone will step up and say hey this is what I was elected to do, prosecute the guilty and see that justice is served.

Now let me go into the Kentucky State Police detective Paul Estep. Had I not driven to Pikeville and seen this man with my own eyes I would have thought he was a figment of my imagination. I had to go and find him because he wouldn't return my calls concerning what had happened to my brother. I ask him where the case was at this point and he said he wasn't sure. I ask if my car has been returned he said he didn't think so but wasn't sure. I ask him if the had the final autopsy report yet he said they take 4 to 6 weeks. I told him it has been 6 weeks. He said time gets away from him, he would have to call and check. Well for us time can't get away. Every day we have to live with the fact that Luther is dead and these people don't care. He too was told I fear for myself and my family and I have no way of protecting us. His response was don't you have a butcher knife! Why do I have to protect myself and my family? Why can't I have protection from someone who has no respect for the law or for human life? I don't care if Paul Estep is retiring in a year. He can have his phone number changed on August 1st 2002, I don't care, but as for August 11th 2001 that date is forever stamped in my memory. I want these people to step up and do the job they are supposed to do.

As for the Martin County Sheriffs Department, Thank you for caring. You people are like the light at the end of a very long and dark tunnel. I know that you have done everything possible to see that justice is served and haven't given up, and you are the only reason I have hope that Luther's death was not in vain.

There has been some articles in the Sound Off section of the Mountain Citizen paper that where left unsigned. I personally have signed everything that I have put in the paper. In response to the article whatever happened about Luther Smith? And you would like to see justice for both Luther and Phillip, how would anyone know what happened that night unless they were there? I may never know the truth about what happened on that night but let me tell you what I do know for sure.

I know that 2 people that were there, one Luther's lifelong friend and the other Luther's cousin came to my home and told me I need to go to Luther that he was lying in the road and that Phillip Cline had beaten him up and threw him there and he was hurt badly. I know that when I got to him he was warm and he was Luther but he bore no resemblance to the man that had brought his mother fresh vegetables from a garden 3 hours earlier. I know that he was not breathing but I thought in my heart that he had a heartbeat. I know that I tried to hold my brothers face together enough to do emergency breathing for him because the trained RN in me came out and the sister had to step back. I know that the RN in me worked on my brother trying to put life back into his beaten and battered body till the gentle hands of a deputy sheriff pulled me away and told me my only brother, and my mothers only son was gone, then I know that the sister in me came back. I know this because I, Luther's only sibling, then felt the grief and the pain of my brothers death. I know then that I laid across my brother's body while I could still feel his warmth and I cried and I still cry. I know I had to go to my mother who is sick and tell her that her only son was dead. I know I had to look into the hurt face of my brothers only child and see the pain of a child who has lost his father. I know that I also saw the pain in the faces of my children, their beloved uncle was gone. I know I had to hear the grief and disbelief in the voices of all of the relatives when I called to tell them Luther was gone and how it happened. I know that I had to have a closed casket funeral for my brother because of the injuries he had received. And most of all I Know that my brother is gone. I know that my brother did not beat himself up and then lie down in that road. I know that my brother was run over at least once and if that was the only time I know that was truly an accident and that this person is also a victim of the person that left Luther in the road, because he will also carry these scars with him for the rest of his life. I know I had trust in the legal system that is now vanishing. And I also know that I nor any true member of my family will stop till we see that justice is done for the death of Luther Smith! Now I have told you what I do know.

So you ask what ever happened about Luther Smith let me tell you. Nothing! My family buried Luther, ever so gently, on a hill in our families back yard, at his fathers feet, with a large chunk of my heart with him, and with the prayers of all of his friends and relatives. We have our memories and we cherish every one of them, and I will work hard at keeping my brothers memory alive. You ask what ever happened about Luther Smith and I have now told you.

You feel Phillip has been found guilty without a trial maybe to the people who know him and his demeanor might have, but his family probably haven't and his friends probably haven't. Many in my family probably have, but he still gets his day in court and the chance at justice and the chance to one day be a free man again. That is more than I can say for my brother, my best friend, my only sibling, my other half that made me a whole, My Luther.
Loretta Smith

This article was placed in the Sound Off section of the Mountain Citizen by a unknown source but really makes you think on all of this !!!

Dear Mountain Citizen: I read your story related to the Smith killing. Cline apparently comes from a very wealthy family which also has a very strong political clout both in Martin and Johnson counties.

I base my decisions upon the fact that they have hired the "Intimidator" Pillersdorf as his attorney. If there are 12 felony charges against Cline then Pillersdorf commands $5,000. to defend on each of the 12 charges. This comes to $60,000. not counting the extra federal charges, which would command at least as much if not more. An agreed upon amount must be paid up front, with the rest due before the case goes to trial. We see that this could easily exceed $100,000. regardless of the outcome.

Pillerdorf seems to strike fear into the prosecutors as well as the bench when he is in the courtroom.

I hope that you are familiar with the "Road Rage" case which took place on one of California's highways. A male motorist got out of his car and approached the woman who was sitting in her vehicle with a small dog in her lap. As the argument intensified the man grabbed the little dog and threw it out in front of speeding traffic on the four lane. Naturally, the dog was killed and the man "contributed" to its death by his actions. This was on all the national news. The California police spent six months finding that man and bringing him to justice.

I hope you can see the parameters here. Cline beats the man Smith unconscious. He then throws him out on a dangerous highway in the dark of night and steals his vehicle leaving the man to be run over by unsuspecting motorists. It would be the same if you beat a man unconscious and then threw him into a lake.

People must be responsible for their actions is the bottom line. If by your actions you "contribute" to the death of a individual then the law states that you can be charged with manslaughter. The indictment already returned can be amended to include the charge for the murder of Smith. The Office of Attorney General Ben Chandler's watch must send a competent attorney in here to do this and prosecute this case.

A "dog's life" is more sacred in California than Mr. Smith's life has proven to be in the Commonwealth.

We have about eight murderers walking around never charged with their crimes in Martin County unless attrition has taken its toll. Rattle their cage on this one. Maybe something will fall out of it.

Signed, Crusader

Thank you very much for your words of wisdom and truth and carry on the good work!!

by Lilly Adkins
Martin County Bureau

INEZ — Phillip Edward Cline, 33, of Martin County was arrested Aug. 10 after he and his wife Regina became involved in a brutal domestic altercation.
Cline was being held at the Big Sandy Regional Detention Center on a $50,000 cash-only bond, but there was also a detainer on file by federal officials.
Detention center administrator Henry Williams said Cline posted the bond Oct. 24 “even though he knew that he wasn’t going to be released.” Williams said he then contacted FBI agents, who took Cline to Pikeville, where he has federal charges against him.
Cline is being held in the Pike County Jail and isn’t eligible for bond, according to a spokesman, who said Cline is charged with violation of a domestic order and possession of a firearm.
According to Martin County Sheriff Darriel Young, Cline and his wife had been involved in a domestic dispute and Luther Smith attempted to intervene, but was beaten and thrown into to the roadway, where he was run over by an automobile and killed.
Cline was originally arrested on charges of operating a motor vehicle under the influence of alcohol, 2nd offense, aggravating circumstances; refusal to submit to breath and urine tests; driving on a DUI-suspended license; second-degree assault; second-degree criminal mischief; violation of an emergency protective order/DVO; drugs; resisting arrest; disorderly conduct; theft by unlawful taking; and terroristic threatening.
Martin County sheriff’s deputy Richard Sansom said that when he found Cline, he was lying on top of his wife and had beaten her so badly that he was exhausted.
Sansom said he believed Cline had every intention of trying to kill her and probably would have if the officers hadn’t showed up.
“I can honestly say that is one of the worst scenes I have ever come up on,” Sansom said.

Indicted Inez man may face death penalty
Inez man charged in deadly incident
Capital punishment may be sought in case alleging assault, carjacking
EASTERN KENTUCKY BUREAU

INEZ -- A Martin County man faces a possible death sentence in a domestic-violence incident in August that left one person dead and another injured, the U.S. attorney's office said yesterday.

Phillip E. Cline, 33, of Inez has not been charged with murder by state investigators, but he was indicted Wednesday in U.S. District Court at Ashland on a carjacking charge resulting in death, which is a capital offense under federal law.

Assistant U.S. Attorney Kenneth R. Taylor of Lexington said yesterday that his office would decide within about two weeks whether to recommend seeking the death penalty in the case.

The U.S. Justice Department will make the final decision, Taylor said, but ``one factor they consider will be our recommendation ... I can tell you if they say `no' on the death penalty, it would fall back to possible life in prison.''

Cline was arrested after an Aug. 11 incident near Inez between Cline and his wife, Jeana Cline, in which Luther Smith, 41, of Debord attempted to intervene.

Smith was killed and Jeana Cline was severely beaten.

Martin County Sheriff Darriel Young said yesterday that Phillip Cline assaulted Smith and left him lying in the road. He said Cline took Smith's car and left the scene with Jeana Cline.

``We're not sure whether Mr. Cline ran over Mr. Smith, but we know another vehicle came along and ran over Smith in the road,'' Young said.

A sheriff's deputy and a state trooper later tracked Cline to a nearby strip mine, where they discovered Cline assaulting his wife, Young said.

Cline possessed at least four guns at the time and violated an existing domestic-violence order, authorities said.

The sheriff's office charged Cline with assaulting his wife and assaulting police officers while resisting arrest, Young said.

In addition to carjacking, the federal indictment charged Cline with possession of a firearm by a person subject to a domestic-violence order and use of a firearm during a crime of violence (carjacking), prosecutors said.

Cline is in federal custody at the Pike County Detention Center. No bond or court date has been set, a jail official said.

by Lilly Adkins
Martin County Bureau

INEZ –– A six-count federal indictment was returned Thursday against Phillip Cline, 33, of Inez, stemming from a domestic violence incident that resulted in the death of Luther Smith in August. Cline could face the death penalty if convicted.
Cline is charged with causing death or causing serious bodily harm when he forcibly took a vehicle which had been used by Luther Smith and Jeana Cline, resulting in the death of Smith and serious injury to Jeana Cline.
The indictment also charges Cline with having a domestic violence order in effect against him while having a Mauser, bolt action rifle in his possession; having two different Norinco SKS 7.62x39s and a semi-automatic pistol; and committing a carjacking.
The indictment stems from an Aug. 11 domestic violence dispute between Cline and his wife in which Smith attempted to intervene.
Witnesses said that Cline and his wife were fighting and that Smith took her and left in a car borrowed from his sister. Two other people then reportedly arrived at the home and took Cline to where his wife had gone, a witness said.
Smith’s sister, Loretta Smith, said that the two people who had driven Cline came back and told her that her brother was lying in the road and had been severely beaten.
Loretta Smith said that her brother had been run over by a car when she got to the scene and that she tried to help him, but that there was nothing she could do.
Martin County sheriff’s deputy Richard Sansom said that when he found Cline, who had left the scene in Smith’s car, he was lying on top of his wife and that she had been severely beaten.
“I believe that if we hadn’t gotten to her, he would have killed her,” Sansom said.
No court date has yet been set. Cline is being held in the custody of federal officials in the Pike County jail with no bond.
“He’s a dangerous man,” federal agent Mark Wilson said. “We expect this one to go to trial, and we figure there will be a lot of publicity because of it being this type of case.”
The Ashland field office of the Bureau of Alcohol, Tobacco and Firearms has been investigating the incident.

Cline will face murder charge in state court

by Lilly Adkins
Martin County Bureau

INEZ — State court will be the next stop for a Martin County man convicted last week on federal charges stemming from the August 2001 death of another Martin Countian.
Phillip Cline, 33, of Debord, faces 25 years to life in prison after being found guilty last Thursday in U.S. District Court in Pikeville on five of six federal charges in the death of Luther Smith. Although murder was not among the charges the federal grand jury considered against Cline, he could face that charge in state court, a prosecutor said this week.
“We wanted to wait and see what the federal court did before we pursued the other charges,” special prosecutor Lori Daniels said Monday. “It just doesn’t make sense to duplicate the charges.”
Daniels said Cline is facing state charges that include criminal attempt to commit murder; kidnapping; second-degree assault; theft by unlawful taking of an automobile; theft by unlawful taking of a firearm; three counts of terroristic threatening; criminal mischief; DUI; and resisting arrest.
“Right now, we are still getting our witnesses together and charges relating to the death of Luther Smith are still pending,” Daniels said. “All of the information from the investigation into Smith’s death is still not in, and charges are still pending until they are presented to the grand jury in Martin County. If evidence shows one of the aggravators is present and if it is warranted, I will certainly pursue capital punishment.”
Daniels, an assistant commonwealth’s attorney in Magoffin and Knott counties, was named special prosecutor in the state case against Cline after 24th District Commonwealth’s Attorney Anna Melvin stepped down.
Last Thursday, Cline was convicted of carjacking and four counts of possession of a firearm by a convicted felon. He was acquitted of knowingly brandishing a firearm in a crime of violence.
“I don’t see him getting out any time too soon,” Mark Wilson, a spokesman for the Department of Alcohol, Tobacco and Firearms, said. “Federal court isn’t like state court. Life means life. Federal time is real close to what it says it is, regardless of the situation.
During the federal trial, which began Feb. 19, Sheila Goodsen, an RN who works at Three Rivers Medical Center in Louisa and Cabell Huntington Hospital in Huntington, W.Va., testified that Cline’s ex-wife, Jeanna, said Cline had killed Luther Smith during a violent altercation on Aug. 11, 2001.
Goodsen said Jeanna Cline told her that Smith tried to help her and that Cline ran over Smith several times. Goodsen also said her testimony that Jeanna Cline had said that she played dead so Cline wouldn’t kill her, too, and that he took her to a strip job and beat her.
“I felt that she was afraid of losing her life,” Goodsen said.
Witnesses testified to a violent encounter between the Clines and Smith on a road at Davella in which Phillip Cline beat both his ex-wife and Smith, whose body was later found by police.