MURRAY – Jack Epperson’s legal battles came to an end Monday when – three years and five days after his attempted Molotov cocktail attack on students outside Murray State University – Calloway Circuit Judge Andrea Moore, at the prosecution’s request, dismissed the only remaining charges he faced following his federal conviction last year.
The morning of Sept. 10, 2022, Epperson, 22, of Murray, tried to throw the incendiary device at a group of sorority members who were assembling outside Sorority Row in advance of a Greek event across the street. The weapon fell short of the crowd and exploded on a curb, leaving no one physically injured except Epperson, who suffered second-degree burns on his arms.
The Kentucky State Police, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, initially charged the then-19-year-old with two counts of first-degree assault and possession of a destructive/booby trap device. At his district court arraignment, the second-degree wanton endangerment charge was added by agreement to address Epperson’s mental health concerns.
In August 2023, he was federally indicted on one count of possession of an unregistered firearm, a term broadly defined to include incendiary devices and improvised explosives. While that case was pending in the United States District Court for the Western District of Kentucky, the state court proceedings were held at a standstill.
He pleaded guilty to that charge in July 2024. The plea agreement revealed new details about the case, including Epperson’s motivation for the attack – he was upset over “being denied the opportunity” to talk to an ex-girlfriend.
Calloway District Court records show a domestic violence order was entered against Epperson the following January related to a separate incident. Assistant Commonwealth’s Attorney James Burkeen, who was not involved in the domestic violence case, confirmed in a 2023 interview that the victim in that case was also connected to the attack.
After several continuances, Epperson was sentenced in April. In advance of the sentencing, each side filed a sentencing memorandum, presenting their respective arguments for leniency and severity in imposing the recommended 37-month sentence negotiated in the plea agreement.
Attorney Jason Holland, who represented Epperson in both the state and federal proceedings, advocated probating the sentence, noting the extraordinary circumstances and underlying issues in the case. He argued that imprisonment would be detrimental to his client, while a probated sentence would still be sufficient to reflect the seriousness of the crime and promote respect for the law.
His memorandum detailed Epperson’s development, noting pregnancy complications that caused mild cognitive and hearing damage. He was diagnosed with autism spectrum disorder in childhood, but through early intervention, his symptoms improved to the point he no longer met diagnostic criteria. Regardless, he still lagged behind his peers.
The COVID-19 pandemic hit him especially hard. His grades suffered, leading to expulsion from his fraternity and depression. Although his mood improved when he took an out-of-state internship in summer 2021, trouble refilling prescriptions proved destabilizing.
“It was against that backdrop,” Holland wrote, “that he and his girlfriend ended their relationship.”
Within days of his arrest, Epperson was admitted to Western State Hospital, a psychiatric facility in Hopkinsville, for evaluation. Clinicians noted his depression and ADHD symptoms, while “not sufficient to obviate competence completely,” contributed to a perception of being “stranded” in an unbearable, hopeless situation, and he lacked the support system to manage his emotional pain.
Ultimately, he was deemed competent to stand trial.
Since being released on bond, Epperson has maintained full-time employment, complied with all court orders, avoided further offenses, built a support system through his church, regularly attended counseling, and sees a psychiatrist for medication management. He is currently stable on five prescriptions, though at least three of them would not be available in prison.
“Due to his developmental issues, features of autism spectrum disorder, and significant mental health issues/need for five specialty medications, Jack would be subject to harsher penalties than others due to confinement,” Holland concluded. “… This would essentially be recreating the damage that has been improved and/or healed as opposed to serving any cautionary or rehabilitative purpose.”
Asserting the case involved more than simple possession of an unregistered firearm, U.S. Attorney Michael Bennett requested 37 months imprisonment followed by one year of supervised release in his memorandum.
“Here, the defendant both constructed and used the ‘Molotov cocktail’ in what, thankfully, was an unsuccessful attempt to throw the cocktail at a group of students outside a campus building,” he wrote. “The defendant’s attempt failed only due to his incompetence at the task, good fortune, or some combination of the two. The defendant’s conduct is much more than the ‘run of the mill’ [sic] unregistered firearm case.”
Bennett contended that the crime was “a planned response to punish those who prevented his attempts at conversation.” Although no one was harmed, Epperson’s actions that day “understandably created terror amongst those present” and warranted imprisonment, to deter not only Epperson from reoffending but also others who might contemplate similar crimes.
Taking neither parties’ recommendation, U.S. District Judge Benjamin Beaton sentenced Epperson to four months in prison and two years of supervised release on April 9. Five weeks later, he reported to a federal correctional facility in Arkansas.
With the federal charges adjudicated, Epperson’s case in Calloway Circuit Court was able to proceed. At a status hearing in June, Holland advised the judge that Commonwealth’s Attorney Dennis Foust requested a copy of the “voluminous” mental health records submitted in Epperson’s federal case. Elaborating, Foust said that if the records showed what he suspected, he would likely move to dismiss the pending state charges without prejudice at the next hearing.
During Monday’s hearing, Foust did just that. Judge Moore ordered the case dismissed without prejudice, meaning the Commonwealth reserves the right to try the case in the future.
Asked why he dismissed the charges, Foust told The Sentinel he questioned the appropriateness of the state charges. Without injured victims, the assault charges did not fully apply, and the wanton endangerment charge requires prosecutors to be very specific about who was endangered.
“There was lots of information, so to speak,” Foust said, “but when push came to shove, we didn’t really have a lot of people who we could confirm were actually there. We know there were people there but not necessarily who they were, and it did create problems in terms of us being able to prosecute.”
Foust also noted Epperson’s federal conviction and that he is currently on supervised release, getting appropriate treatment for his mental health issues. “And frankly, the federal charges probably fit better to what he did when you come right down to it,” he added.
“Given the situation, we just felt like it would be appropriate to go ahead and dismiss it without prejudice,” Foust said. “Even though we know he did something terribly wrong, I think we’d have issues as far as fitting what he did into our criminal statutes and in terms also of identifying victims, specific victims. So, all that played into the calculus. … We felt like that was the best (way to proceed).”
“Mr. Epperson is very pleased to have the matter concluded,” Holland wrote in an email, adding that his client is grateful to Foust “for taking into consideration the fact that the case was likewise prosecuted and ultimately resolved in federal court. Jack looks forward to building upon what he has learned through this process and to leading a productive life in the future.”
Related coverage from The Sentinel:
- High-profile defendants appear in Calloway Circuit Court (Published 11/20/2023)
- Epperson pleads guilty in federal court (Published 8/6/2024)
- Epperson sentenced on federal charges (Published 4/19/2025)
- BREAKING NEWS: Judge dismisses state charges against Epperson (Published 9/15/2025)
