PINEVILLE — Special Judge Roderick Messer sustained a motion filed by Commonwealth Attorney Karen Greene Blondell to amend the indictment of 18-year-old David Poppiti during his pre-trial conference in Bell County Circuit Court on Friday afternoon. Judge Roderick also overruled a couple of motions filed by Poppiti’s attorney Sam Castle.

Judge Roderick’s ruling to amend Poppiti’s indictment was the only change made to the case on Friday. His ruling made the charge of murder non-exclusive in count one of Poppiti’s indictment to wanton murder and will include the alternative of intentional murder, ultimately allowing the grand jury to make the decision.

Poppiti’s criminal prosecution stems from the death of Bell County Sheriff’s Deputy Sean Pursifull and his K-9 partner King. During a high-speed chase on Jan. 10, 2008, Poppiti allegedly crashed into Pursifull’s cruiser, killing the deputy and his K-9.

The defense attorney presented a few amendments of his own to Judge Roderick. For a third time, since the beginning of Poppiti’s case, Castle filed a motion to change the venue of Poppiti’s trial. Castle sited a “significant amount of news coverage” as his reasoning for the request.

“This is just a regurgitation of what was heard the first time,” responded Blondell. “There is no showing of ample news coverage to prove an unfair trial.”

“This is essentially the third request,” said Judge Roderick. “It’s not knowledge that is controlling, it’s bias or opinion. Overruled.”

Castle also requested that graphic photos and video of Deputy Pursifull and King not be permitted during the trial. “I think it would definitely inflame the jury,” remarked Castle.

“I’d like to reserve the right to use those photos,” Blondell replied. She went on to say that she would meet with Castle before the trial date and show him the photos she intended to use. Castle agreed with the arrangement.

Castle also requested that Kentucky State Police Lt. P.J Burnett’s accident report from the Jan. 10, 2008 accident not be presented to the jury. Castle said that Lt. Burnett’s file report “said my client’s actions were intentional.”

Blondell said that she saw no reason for the jury to see the accident report, however, “he’s [Burnett] going to testify and he’s going to testify about the facts.”

Early on Sunday, Jan. 10, 2008, Poppiti and his passenger, Eric J. Gerren, 17 — who are Delaware natives — allegedly drove away from a Harlan County gas station without paying for their $38 tank of gas. Law enforcement were alerted to the gas drive-off and a high-speed chase ensued into Bell County, on U.S. Hwy. 119. The pursuit ended when Poppiti’s vehicle left the highway and crashed into Deputy Sean Pursifull’s cruiser, parked off of the roadway, according to a Kentucky State Police report. Pursifull and his police dog, King, were pronounced dead at the scene.

On May 4, Poppiti will be transported from the Whitley County Detention Center to appear again in court.

Sarah Miracle is a staff writer for the Daily News. She can be contacted via e-mail at smiracle@middlesborodailynews.com.