Man Who Kills Friend in Red River Gorge has Conviction Reversed

Troy Dunkelberger, 36, of Ohio, was convicted of shooting his friend, 31-year-old Jarron Slayback, during an argument in Red River Gorge outside a cabin on Lakeside Drive in Wolfe County, according to KSP.

Records show that Dunkelberger screamed Slayback’s name and flashed his holstered firearm before fatally shooting Slayback.

According to court records, Dunkelberger, was convicted of first-degree manslaughter at a Wolfe County Circuit Court jury trial in May 2023, and sentenced to 20 years in prison. 

He filed an appeal to the Supreme Court in June 2023 after the sentencing.

This week, the Supreme Court ruled that evidence labeling Dunkelberger as the aggressor should not have been used at trial.

Court records show o qualify for an initial aggressor instruction there must be some act of unlawful physical force first perpetrated by the defendant which in turn gives rise to a right to defend oneself in the victim. Neither yelling a name nor displaying a holstered, lawfully possessed firearm constitutes an unlawful act of physical force.

Also, records read that the trial court abused its discretion in presenting the evidence because it was insufficient, causing the Kentucky Supreme Court to reserve the manslaughter conviction. 

Kentucky Supreme instructed the trial court that if a re-trial is conducted upon the same evidence, an initial aggressor instruction is not to be given, according to court records.