PRESTONSBURG — As the dust settles on a criminal complaint, the legal tension has begun building again between local businessman Malcom Layne and his former tenant, Wade Conway.
Two weeks ago, a Floyd County grand jury returned an order of no true bill, essentially dismissing charges of assault that had been filed against Layne. In the no true bill, the grand jury said the allegations and evidence presented were insufficient to return a felony conviction.
On Thursday, Conway told Times staff that he will be pursuing civil litigation that he hopes will help pay his doctor’s bills which have arisen from the incident. Conway filed a personal injury claim against Layne on Nov. 5.
“I don’t want to be portrayed as trying to do something to him,” Conway said. “I have doctor’s bills to get paid.”
Conway says he is still under a doctor’s care and is receiving physical therapy and being treated by a neurosurgeon.
Layne, 58, owner of Layne’s Motor Company on North Lake Drive in Prestonsburg, had been charged with second-degree assault, after Conway alleged that Layne hit him with his car. Conway was renting a residence from Layne at the time.
Layne also has a civil suit pending against Conway, which was filed in August. The case is scheduled for a motion hour before Judge John David Caudill on February 22.
Conway said he and Layne had an arrangement wherein he would fix up the home to cover the cost of the rent. But Conway said once he got into the home, he found black mold and wood rot that he says made the home virtually unlivable. He said when he told Layne about the condition of the house, Layne demanded he leave the home immediately.
Layne said after the grand jury’s decision that he is happy to be moving on. “I’m just glad it is over. This was just a case of renter’s remorse.”