Two counts of murder were returned by the Clay Grand Jury against an Urban Creek man over a fatality accident that claimed the lives of two brothers in February.

David Tipton, 39, was indicted on two counts of murder for the deaths of Marshall McQueen, 66, and Melvin McQueen, 63, on February 9th.

The indictment states Tipton “committed the offense of murder when he operated a motor vehicle under circumstances manifesting extreme indifference to the value of human life, thereby wantonly engaging in conduct which created a grave risk of death to another person and thereby caused the deaths of Marshall and Melvin McQueen.”

Following the accident Tipton has been arrested twice involving DUI related incidents.  Both incidents were wrecks and Tipton fled the scene each time.

Tipton

David Tipton

The citation filed by trooper Logan Wolfe on behalf of investigating trooper Seth Whiles, says Tipton was believed to be under the influence of drugs and was driving recklessly when he struck the McQueen’s 2012 Nissan Rogue on U.S. 421 north just past Colson’s Market.

Tipton’s Ford pickup was travelling north and he crossed lanes striking the McQueen vehicle head-on.  Marshall McQueen, the driver of the Nissan Rogue, was killed instantly.  Melvin McQueen was transported to the University of Kentucky Medical Center where he later died from injuries sustained in the accident.

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