Feds appeal Rand Paul neighbor's jail sentence for lawn attack

Thomas Novelly | Courier Journal

Show Caption Hide Caption Listen to U.S. Sen Rand Paul's 911 call the day he was attacked by neighbor Listen to U.S. Senator Rand Paul's 911 call the day he was attacked by a neighbor.

U.S. Sen. Rand Paul is not happy with the jail sentence of his neighbor, Rene Boucher, who attacked the senator last year over yard debris between their homes in Bowling Green.

U.S. Special Attorney Bradley Shepard filed a motion Friday to appeal Boucher's 30-day jail sentence for the attack that broke five of the Kentucky Republican's ribs and bruised his lungs.

More: Rand Paul sues neighbor-turned-attacker for medical and legal fees

The appeal would transfer the case over to the United States Court of Appeals for the Sixth Circuit.

In addition to appealing the criminal sentence in federal court, Paul's attorney last week filed a civil lawsuit asking for medical costs and attorney fees relating to the incident.

Boucher's attorney, Matt Baker, has filed a motion to dismiss the civil lawsuit, as well as a counter suit, which claims Paul paid no out-of-pocket medical costs for the attack and that he lost no income. It also added numerous specific claims that Paul kept his yard untidy.

More: Rand Paul's neighbor sentenced to 30 days for assaulting the senator

Boucher, a retired doctor, said he had "lost his temper" and that he "had enough" of seeing Paul's lawn trimmings when he tackled the Kentucky senator and knocked him off his lawn mower. He was ordered to serve 100 hours of community service and was also issued a $10,000 fine that he has since paid.

"Dr. Boucher issued a sincere and heartfelt apology at the sentencing," Baker said after the civil suit was filed. "Apparently that apology has not and will not be accepted. Instead, the senator has decided to file this lawsuit."

Federal prosecutors aimed for a 21-month sentence for Boucher, but he could have faced 10 years for assaulting a U.S. senator under title 18 of the United States Code. The judge in Boucher's sentencing on June 15, however, said the case did not appear to be politically motivated and moved for the lighter sentence. Boucher, a registered Democrat, has denied that it was political.

“The first phase of this matter, the criminal action, resulted in Dr. Boucher pleading

guilty to felony assault," Paul's attorney Thomas Kerrick said in a statement last week. "This next phase, the civil action, will determine the financial responsibility owed to the victim.”

Thomas Novelly: 502-582-4465; tnovelly@courierjournal.com; Twitter: @TomNovelly. Support strong local journalism by subscribing today: www.courier-journal.com/tomn.