Jack LattaStaff Writer
July 24, 2012
PRESTONSBURG — A local car dealer was jailed Monday morning after a misdemeanor assault charge was amended to a superceding charge of second-degree assault in Floyd District Court.
Malcolm Layne, 58, owner of Layne’s Motor Company on North Lake Drive in Prestonsburg, was arrested Monday and charged with second-degree assault. Layne was jailed in the Floyd County Detention Center, though according to officials in the jail, no booking photo was taken.
According to court records, Wade Conway, the complaining witness, alleges Layne pulled into the yard of the residence he is renting from Layne, “threatened to shoot the affiant [Conway] and threatened to run him over the affiant.”
According to Conway, Layne then got into his truck, put it in gear and struck him in the left leg.
Layne was charged June 6 with fourth-degree assault and third-degree terroristic threatening. On Monday, his charges were reviewed by the court, and his charge was amended to a superceding charge of second-degree assault due to the alleged use of a deadly weapon, in this case, an automobile.
Layne was released from jail on a $5,000 surety bond. Second-degree assault is a class C felony. If found guilty, Layne could be imprisoned for up to 10 years in prison.