SALYERSVILLE – The jury trial for a Magoffin man facing charges related to sexually abusing a minor is now set for April, with the “victim/witness” deemed competent to testify as a witness.
Matthew Tackett, 43, of Salyersville, had a preliminary hearing on Wednesday, October 16, in which Magoffin Circuit Judge Kimberley Childers entertained Tackett’s motion for a hearing on the competency of a witness to testify.
According to the order issued by Judge Childers yesterday, the Commonwealth Attorney requested no special accommodations for the alleged victim/witness. The competency hearing was held and the witness’ testimony was heard.
“The Court, being fully and sufficiently advised, finds that the witness is competent to testify as a witness,” Judge Childers wrote in the order.
“The witness was capable of observing and recollecting facts and narrating the information. Further, witness [initials] understands the obligation to tell the truth.”
Tackett’s lawyer also moved for a continuation of the jury trial, previously scheduled for November 4, in order to obtain an expert.
Though the Commonwealth objected, Judge Childers sustained the motion, and reset the jury trial for April 14, 2025, at 9 a.m. in the Knott Circuit Courtroom, in Hindman, Kentucky. His next pretrial conference, originally scheduled for next week, is reset for March 28, 2025, at 10 a.m., also in the Knott Circuit Courtroom. The Commonwealth asked that all experts be disclosed by defense at least 90 days prior to the trial, and with no objections, Judge Childers sustained that motion, as well.
Tackett’s wife, Ashley Tackett, is also scheduled for status hearings on March 28 and April 14, 2025, though the order scheduling her hearings did not include any dates regarding a jury trial.
The two were indicted last November, with Matthew Tackett charged with two counts of first-degree sodomy, victim under 12 years of age (Class A felonies); first-degree rape, victim under 12 years of age (Class A felony); and four counts of first-degree sexual abuse, victim under 12 years of age (Class C felonies). Ashley Tackett is charged with complicity of first-degree sexual abuse, victim under 12 years of age (Class C felony).
Matthew Tackett remains out on bond and Ashley Tackett was only issued a summons to court in the case. The two previously pleaded not guilty to all charges.
Editor’s Note: The indictment or charge of a person by a grand jury or otherwise is an accusation only and that person is presumed innocent until and unless proven guilty.
