According to the Kentucky State Legislature, someone is guilty of wanton endangerment in the first degree when, "under extreme circumstances manifesting extreme indifference to the value of human life," they wantonly engage "in conduct which creates a substantial danger of death or serious physical injury to another person." It is a law unique to Kentucky, and went into effect January 1, 1975.
First-degree wanton endangerment is considered a Class D felony, punishable with fines of up to $10,000 and up to five years in prison,
Newsweek
reports.
His attorney, Stew Matthews, told WXIX in Cincinnati that they intend to plead not guilty during arraignment. “I don’t think the evidence will support the charge,” Matthews said.