Assault charge


Former magistrate, son face indictment

By Joe P. Asher - [email protected]



A former Harlan County magistrate is facing a misdemeanor assault charge resulting from an alleged incident in 2015.

Former magistrate Paul Caldwell, 67, was served with an indictment warrant on July 8 by Harlan County Sheriff’s Chief Deputy Matt Cope.

According to the indictment handed down by the grand jury on June 20, Caldwell intentionally or wantonly caused physical injury to Clay Tolliver on June 25, 2015. Tolliver presented evidence to the grand jury resulting in the indictment.

Caldwell was indicted for fourth-degree assault.

A separate indictment handed down by the grand jury on June 20 states Christopher Caldwell, 45, intentionally or wantonly caused physical injury to Tolliver on June 25, 2015. Tolliver presented the evidence to the grand jury resulting in the indictment.

Christopher Caldwell was indicted for fourth-degree assault.

A criminal complaint filed by Paul Caldwell on July 10, 2015, states that on June 25, 2015, Tolliver made offensive, coarse utterances and gestures and addressed abusive language to Paul Caldwell. The complaint requests Tolliver have no contact or communication whatsoever with Paul Caldwell or his family.

Tolliver was charged with harassment (no physical contact). The charge was dismissed without prejudice in Harlan District Court on Nov. 3.

Paul and Christopher Caldwell were both arraigned in Harlan District Court on Aug. 15. Both are scheduled for pre-trial conference hearings in Harlan District Court on Oct. 17 at 1 p.m.

Attempts to reach Paul and Christopher Caldwell for comment were unsuccessful.

In other court activity, Jessica Gross-Smith, 29, of Lynch, was served with an indictment warrant on Wednesday by Benham City Police Chief Ryan Shepherd.

According to the indictment handed down by the grand jury on Aug. 1, Smith sold or transferred buprenorphine on or about March 29.

Smith was indicted for one count of second-degree trafficking a controlled substance. She was lodged in the Harlan County Detention Center on a $2,500 unsecured bond.

Reach Joe P. Asher at 606-909-4132 or on Twitter @joe_hde

Former magistrate, son face indictment

By Joe P. Asher

[email protected]

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