Rehearing Denied Oct. 24, 2013.
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John Lindsay Tackett, for appellant.
Jack Conway, Attorney General of Kentucky, James Coleman Shackelford, Assistant Attorney General, Raymond M. Larson, Commonwealth's Attorney for the 22nd Judicial Circuit, for appellee.
MINTON, Chief Justice.
A circuit court jury convicted Glenn Rahan Doneghy of second-degree manslaughter, leaving the scene of an accident, second-degree assault, fourth-degree assault, first-degree possession of a controlled substance, possession of marijuana, and possession of drug paraphernalia, resulting in a judgment sentencing Doneghy to a total of twenty years' imprisonment.
He now appeals as a matter of right, seeking reversal on seven grounds:
1) the trial court erred by denying Doneghy's motion for directed verdict on the charge of second-degree manslaughter;
2) the trial court erred by failing to sever the charges surrounding Doneghy's arrest from the charges surrounding the collision that resulted in the death of Officer Bryan Durman;
3) palpable error occurred when the Commonwealth mentioned evidence, previously ruled inadmissible, during its closing argument;
4) the Commonwealth's use of inadmissible Kentucky Rules of Evidence (KRE) 404(b) evidence resulted in palpable error;
5) the trial court enabled the Commonwealth to present cumulative emotional evidence, resulting in palpable error;
6) the trial court erred by denying Doneghy's motion for directed verdict on the charge of second-degree assault; and
7) the jury instructions for second-degree assault did not allow the jury to determine the " deadly weapon" element of second-degree assault, resulting in reversible error.
We find that the trial court did not err on any of the grounds so alleged by Doneghy. Accordingly, we affirm Doneghy's convictions and resulting sentences.
I. FACTUAL AND PROCEDURAL BACKGROUND.
Officer Bryan Durman of the Lexington Police Department was dispatched to investigate a noise complaint. According to the complaint, the noise was emanating from a Chevrolet Tahoe parked on the left side of the one-way street. James Williams was the owner of the green Tahoe and was sitting in the passenger seat when Officer Durman arrived on scene around 10:00 p.m. Officer Durman drove past the parked Tahoe, parked his cruiser, and approached the Tahoe on foot. At no point did Officer Durman initiate the emergency lights on his cruiser. The street was not well illuminated at that location.
Officer Durman investigated the noise complaint while standing on the street next to the open passenger door of the Tahoe, which extended a little over three feet into the street. Williams was preparing to exit the vehicle when, according to his trial testimony, Officer Durman's legs were flying over the hood of the parked vehicle as another vehicle struck the officer and the Tahoe Williams occupied. Meanwhile, Ronnie Hood, sitting on the front porch of his home near the scene, heard the crash and jumped up to see what was happening. Hood saw a full-size, red SUV pass his house with the driver attempting to regain control as the SUV sped up to go through the traffic signal in the nearby intersection and make a turn. Hood phoned 911.
Jeri McDowell worked at a local store and her shift ended at 10:00 pm on the night in question. After work, she went to a fast-food restaurant located at another intersection near the point of the collision.
McDowell observed a red SUV with a black male driver, wearing a long-sleeved white shirt and white baseball hat, run a red light as it turned. McDowell notified the police.
Officer Teri Gover was the first officer to reach the scene of the collision. Officer Gover heard Officer Durman request assistance before the collision and was dispatched to the area to help. En route to the scene, a woman stopped Officer Gover and informed her that a vehicle had struck an officer. When Officer Gover reached the scene, she put out a distress call, requesting the immediate response of the Emergency Care Unit (ECU). After putting in the call for help, Officer Gover began performing CPR in an effort to revive Officer Durman. Several other officers arrived on scene within minutes and aided Officer Gover with CPR chest compressions, maintaining the scene, preliminary investigation, and crowd control. During this preliminary investigation, bystanders told Officer Gover and some of the other officers that a maroon Expedition was the vehicle that struck Officer Durman and that description was broadcast over the radio. Various portions of Officer Durman's utility belt were found throughout the scene by many of the officers arriving on scene.
Paramedics arrived on scene shortly after the group of officers. Officer Durman was transported to the University of Kentucky Hospital where he was later pronounced dead.
About an hour after Officer Durman was struck, Detective Ben Shirley discovered a vehicle matching the description of the suspected " run" vehicle behind an apartment building. Detective Shirley noticed that there was damage to the front of the vehicle on the driver's side and to the driver's side mirror. After receiving information from residents in the apartment building that the owner of the SUV, later discovered to be Doneghy, lived in the building, police entered the building and knocked on the door of Doneghy's residence. Despite the officers' repeated attempts to make their presence known, Doneghy refused to answer the door. Crisis negotiators arrived but were not successful in getting Doneghy to come out of the apartment.
After obtaining a search warrant, the police decided to perform a " breach and hold," a maneuver in which the door would be opened slightly and held to allow the police to see inside. The door was barricaded from inside the apartment, so the door would only open about a foot. The police then opted to use a chemical agent to force Doneghy out of the apartment. Two rounds were fired into the apartment through the back bedroom window, which caused Doneghy to flee out the front door and attempt to escape through the back door of the apartment building. Doneghy was met by several officers who ordered him to the ground. Doneghy refused and was tackled by the officers. During the struggle, Doneghy attempted to stab one of the officers with a knife. The police searched Doneghy after subduing him, finding baggies of suspected marijuana and cocaine and car keys that unlocked the suspected " run" vehicle.
At trial, the jury convicted Doneghy of 
• second-degree manslaughter, for which the jury recommended a ten-year sentence;
• leaving the scene of an accident/failure to render aid or assistance, for which the jury ...