David Denney entered a plea agreement with the Commonwealth on June 11 in connection with the death of his wife, Darcey Albee, agreeing to a total sentence of 40 years.
Denney appeared in Adair Circuit Court before Judge Judy Vance Murphy and entered an Alford plea to one count of murder, one count of first-degree promoting contraband and two counts of second-degree criminal abuse involving a child age 12 or younger.
Under the agreement, Denney agreed to a sentence of 25 years on the murder charge, five years on the promoting contraband charge and five years on each of the criminal abuse charges. The sentences will run consecutively for a total sentence of 40 years.
An Alford plea is when a defendant does not admit guilt but acknowledges that the Commonwealth has enough evidence against them that they would most likely be found guilty at trial.
The case stems from the death of Albee on Nov. 16, 2022. According to court records, Adair County EMS was dispatched to a residence at 1972 Little Cake Road at approximately 7:42 p.m. after a caller reported that a woman had fallen down a set of stairs, was not breathing and the caller was starting CPR.
According to the official autopsy report, the Kentucky Medical Examiner’s Office determined that Albee died from “multiple blunt and sharp force injuries of multiple body surfaces and multiple ages.”
The Adair County grand jury indicted Denney on the capital offense of murder on Aug. 17, 2023. He has remained incarcerated under a $1 million cash bond since that time.
Over the course of the nearly three-year case, numerous preliminary hearings and pretrial conferences were held. Court records show Denney was represented by four different attorneys during this time.
One of the most significant pretrial motions involved statements Denney made to Kentucky State Police Det. Mike Dubree. The defense made a motion to suppress the interviews citing numerous reasons. The most significant being that Denney was not mirandized prior to the interviews.
Murphy denied the motion citing that Denney was not in custody when the interviews occurred.
The denial specifically stated, “The Defendant was asked to meet Detective Dubree, the Defendant arrived by private transportation and left after each interview by private transportation,” Murphy wrote in her order. “David Denney was not detained and neither of these interactions constitute a custodial interrogation and at this time and therefore not subject to Miranda Warnings.”
During one of the final hearings, a former spouse and a former girlfriend of Denney testified about what they described as a pattern of abusive behavior during their relationships with him. The testimony was presented by the Commonwealth during a pretrial hearing before the case was resolved through a plea agreement.
While incarcerated, Denney faced additional charges. On Aug. 13, 2024, he was charged with first-degree promoting contraband after deputies discovered a cell phone concealed in an arm sling he was wearing. He was indicted by the grand jury on the Class D felony charge.
Court records also show that on May 30, 2026, Denney signed a criminal information on two counts of second-degree criminal abuse involving a child age 12 or younger, both Class D felonies.
A criminal information document allows a defendant to waive a preliminary hearing in District Court and presentation to the grand jury. The case goes immediately to Circuit Court.
The court documents do not state names of juvenile victims. The criminal information report says that the defendant caused serious physical injury or placed the child in a situation that may have caused serious physical injury or caused torture, cruel confinement or cruel punishment to the child.
Under Kentucky law, Denney will be eligible for parole in 20 years. However, parole is not guaranteed at that time.
Denney is scheduled for final sentencing in Adair Circuit Court on July 14.
By Amy Pike
amy@adairvoice.com
