A date has been set for Western to defend itself against in a wrongful death lawsuit regarding a student who was murdered on campus.

The Board of Claims will hear testimony on Aug. 13 and 14 in the wrongful death claim of the estate of Pellville freshman Melissa “Katie” Autry.

Autry was raped, sodomized and set on fire in her Poland Hall dorm room on May 4, 2003, after returning from a party at the Pi Kappa Alpha fraternity house. She died from third-degree burns on May 7, 2003 at Vanderbilt University Medical Center in Nashville.

The Autry estate, represented by Ben Crocker, filed claims with the Warren County Circuit Court against Western and the Student Life Foundation, also naming the Pikes and Poland Hall staff members as defendants.

On April 18, 2005, the Kentucky Supreme Court decided Western and the Student Life Foundation were bound by governmental immunity, which means the case will be tried by the board.

“We’re significantly limited in the Board of Claims but we’re strongly pursuing it,” Crocker said.

The board is a court set up by the state to deal with claims against the state.

Rather than a jury, the case will be heard by a hearing officer who will make a decision and report it back to the full board for approval.

Hearing officer Jan West, who recently ruled in favor of Western in an injury claim, will hear the wrongful death suit.

Because claims are paid by the state rather than the defendant organization, claims are limited to $200,000 and they will not compensate for pain and suffering.

According to a summary compiled by General Counsel Deborah Wilkins’ office, the Autry estate will have to prove Western failed to perform a clearly defined written policy.

Negligence of supervision would not be sufficient to support the claim.

Crocker said he feels confident he can prove that.

“They admitted their procedure was to lock doors and, for whatever reason, they didn’t do it,” he said.

Crocker said, according to Western’s dorm policies, non-residents are supposed to be accompanied by a resident, show identification to the dorm staff and sign in.

“When Stephen Soules and possibly the other person came in, when they came in, the people working just didn’t do it,” he said. “These were their own rules.”

Stephen L. Soules pleaded guilty to the murder and rape of Autry on March 23, 2004.

According to Wilkins’ summary, Soules refused to testify as to how he got into Autry’s dorm.

The Autry estate hasn’t pursued the individual claims against the dorm staff and the fraternity members since the Supreme Court ruling, Wilkins stated.

Western attorney, Greg Stivers, said the Supreme Court’s ruling means that Western, the Student Life Foundation and the resident hall staff are all being tried as the same entity.

“They are named in their official capacity,” Stivers said. “If they did something wrong, then that would be the university.”

Soules and Lucas B. Goodrum were arrested and charged with the rape, sodomy and murder of Autry but were not named in the civil claim.

Crocker said it is because they were being tried in the criminal justice system.

Soules received life in prison with no chance for parole or probation.

Goodrum was acquitted at trial in March 2005.

Reach Holly Brown at news@chherald.com.