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Kentucky Supreme Court Affirms Murder Convictions in Heightchew Case

The Kentucky Supreme Court affirmed the murder, arson, and attempted murder convictions of Gregory Mason Heightchew in a case involving the killing and burning of Elijah Creekmore. The court upheld a life sentence without parole for 25 years in the Henry County case.

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4 min readcourtlistener
Seal of the Kentucky Supreme Court

Case Information

Case No.:
2024-SC-0304-MR

Key Takeaways

  • Kentucky Supreme Court affirmed Gregory Heightchew's murder, arson, attempted murder, and evidence tampering convictions
  • Heightchew received life sentence without parole for 25 years for killing and burning Elijah Creekmore
  • Case originated from October 2018 incident involving suspected theft of money and marijuana

The Kentucky Supreme Court has affirmed the convictions of Gregory Mason Heightchew for multiple felonies including murder, first-degree arson, attempted murder, and tampering with physical evidence in connection with the 2018 killing and burning of Elijah Creekmore.

In an unpublished memorandum opinion rendered Dec. 18, 2025, the high court upheld all convictions and the life sentence imposed by the Henry Circuit Court. A jury had found Heightchew guilty of murder and first-degree arson as either principal or accomplice, along with attempted murder and tampering with physical evidence charges.

The case stems from events on Oct. 1, 2018, when Heightchew suspected Demarcus Pinion and his friend Creekmore of breaking into Heightchew's home and stealing money and marijuana. According to court documents, Pinion learned from Roberto Polo Jiminez about Heightchew's suspicions and subsequently called Heightchew directly.

During that phone conversation, Heightchew accused both Pinion and Creekmore of the theft. Pinion denied any involvement in the alleged break-in and theft, according to the factual background outlined in the Supreme Court opinion.

The case proceeded through the Henry Circuit Court under the Hon. Jerry Crosby II, who presided over the criminal proceedings filed as case number 18-CR-00158. The jury ultimately recommended a total sentence of life imprisonment without the possibility of parole for 25 years, which the trial court imposed following the guilty verdicts.

Heightchew appealed his convictions to the Kentucky Supreme Court as a matter of right under Section 110(2)(b) of the Kentucky Constitution, which grants automatic appeal rights in cases involving life sentences or the death penalty. The case was docketed as 2024-SC-0304-MR on the Supreme Court's docket.

The court noted that Heightchew committed the crimes in collaboration with an accomplice identified as Joshua Jackson. The factual background indicates that both Heightchew and Jackson were involved in the killing and subsequent burning of Creekmore.

In its brief memorandum opinion, the Kentucky Supreme Court stated it conducted a "careful review" of the trial court proceedings and Heightchew's arguments on appeal. However, the court found no merit in the appellant's challenges to his convictions or sentence.

The Supreme Court's affirmance means Heightchew will serve his life sentence without the possibility of parole for 25 years as originally imposed by the trial court. Under Kentucky law, a life sentence with the possibility of parole after 25 years means the defendant must serve a minimum of 25 years before becoming eligible for parole consideration.

The opinion carries an important procedural notation that it is designated "not to be published" under Rule of Appellate Procedure 40(D). This means the decision cannot be cited as binding precedent in other Kentucky courts, though unpublished Kentucky appellate decisions rendered after Jan. 1, 2003, may be cited for the court's consideration if no published opinion adequately addresses the issue at hand.

When citing unpublished decisions for consideration, attorneys must set out the decision as an unpublished opinion in their filed documents and provide a complete copy to the court and all parties in the action.

The case represents another example of Kentucky's appellate courts reviewing serious violent crimes involving multiple victims and co-defendants. The murder and arson charges reflect the gravity of the allegations, while the attempted murder charge suggests additional victims beyond Creekmore.

Tampering with physical evidence charges often accompany serious violent crimes when defendants allegedly attempt to destroy or conceal evidence related to their criminal conduct. In cases involving both killing and burning of victims, such charges frequently relate to efforts to dispose of evidence or obstruct the investigation.

The affirmance by Kentucky's highest court means Heightchew has exhausted his direct appeal rights in state court. Any further legal challenges would need to proceed through post-conviction relief procedures or potentially federal habeas corpus proceedings, though such avenues have limited grounds for success.

The Henry Circuit Court case demonstrates the collaborative effort between law enforcement, prosecutors, and the judicial system in addressing serious violent crimes that impact local communities. The successful prosecution and appellate affirmance provide closure for victims' families while ensuring accountability for the defendants' criminal conduct.

The case also highlights Kentucky's criminal justice system's handling of cases involving multiple defendants and charges, where the prosecution must prove each element of every charge beyond a reasonable doubt while navigating complex legal and factual issues surrounding principal and accomplice liability.

Heightchew's co-defendant Jackson's case status was not detailed in the Supreme Court opinion, though both were identified as participants in Creekmore's killing and burning. The resolution of Jackson's case would depend on separate legal proceedings that may have occurred in Henry Circuit Court or other jurisdictions.

Topics

murderarsonattempted murdertampering with evidencecriminal appealslife imprisonment

Original Source: courtlistener

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