Hardin Co. man found not guilty in death of Caneyville boy

hunter-payton-05-16
hunter-payton-05-16

The Hardin County man accused of killing a four-year-old Caneyville boy has been found not guilty.

Billy Embry-Martin, 34, (formerly of Radcliff but who now resides in Elizabethtown) was found not guilty on Wednesday in the death of Hunter Payton. Hunter died on May 10, 2017, two days after being taken to Norton Children’s Hospital with a severe head injury. The jury deliberated five hours before rendering its decision, according to the News-Enterprise.

Embry-Martin faced 50 years in prison if convicted.

Hunter had been placed in foster care with Embry-Martin and his husband, Travis Embry-Martin, only two months before Hunter’s death.

The medical examiner who conducted an autopsy on Hunter testified at trial that the boy suffered a “very significant, forceful injury to the head” that resulted in a skull fracture. Billy Embry-Martin has maintained since the child died that Hunter fell 26 inches from a bench at the family’s dinner table.

In addition to Hunter, the Embry-Martins were providing foster care to Hunter’s older brother and younger sister.

The children were removed from the care of their parents, Ryan and April Payton, after someone reported to Child Protective Services there was drug use in the Payton home. A subsequent search of the residence by CPS turned up no drugs, but the couple tested positive for amphetamine.

(Photo: Hunter Payton)

By Ken Howlett, News Director

Contact Ken at ken@k105.com or 270-259-6000