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Byers granted bill of particulars

By JEFFREY SAULTON jsaulton@newsandsentinel.com
POSTED: November 21, 2009

PARKERSBURG - A motion for a bill of particulars was granted Friday in the case of a Parkersburg man charged with negligent homicide.

Mark A. Byers, 49, 801 23rd St., Parkersburg, was granted a motion for a bill of particulars by Judge Robert Waters. The state will provide the requested information by Nov. 23. In the bill of particulars the defense is asking for specific evidence the state has or intends to use to "prove the defendant's act(s) were 'so gross, wanton, and culpable as to show a reckless disregard for human life.'"

Byers was indicted by the September 2009 grand jury on a charge of negligent homicide, a misdemeanor, in connection with the March 23 death of 54-year-old Mary Hardman, who was killed when she was struck by a vehicle driven by Byers in the Bureau of the Public Debt parking lot.

In other hearings:

  • Cody Bryson Callahan, 32, 1030 Market Manor, Parkersburg, was arraigned on an indictment on charges of attempted burglary, conspiracy to commit burglary and possession of a controlled substance with intent to deliver from a special session of the grand jury on Nov. 3. He was granted a motion by Waters to move his trial to January term and his trial was set for March 16, case No. 1. A competency or mental status examination is to be done by Dec. 30, according to court records.
  • Michael David Sams, 37, in custody at the Stevens Corrections Center in Welch, W.Va., appeared by way of video conferencing and was granted a motion by Waters to move his trial to the January court term and his new trial date was set for Jan. 20, case No. 2. He was indicted by a special session of the grand jury on July 9 on charges of failure to provide notice of registration changes as a sexual offender and refusing to provide accurate information when required to do so as a sexual offender.
  • Steven Loren Mandrell, in custody at the North Central Regional Jail, Greenwood, entered a plea agreement to plead guilty to delivery of a controlled substance, unlawful entry of a building and petit larceny. Judge J.D. Beane set the sentencing for 10 a.m. Jan. 25, 2010.
  • Thomas Earl Welch II, 43, 414 17th St., Parkersburg, was sentenced after his September plea of guilty to third-offense DUI. Beane sentenced him to one to three years in prison with credit for one day served suspended for one to three years home confinement.
  • John Preston Robinson, 36, 1600 17th Ave., Parkersburg, was arraigned by Beane on an indictment from the September grand jury charging him with two counts of delivery of a controlled substance. He entered a plea of innocent to the charges. He was granted a motion to move his trial to the next court term and it was set for Feb. 9, 2010.
  • William Lee Hutson, 38, of Parkersburg pleaded guilty to charges from two indictments and a bill of information. He pleaded guilty to four counts from separate indictments from the September grand jury for destruction of property, third-offense DUI, battery and fleeing from an officer and third-offense DUI from a bill of information. As part of the agreement the state dismissed the other charges in the indictments. Sentencing was set for 1:30 p.m. Jan. 22 before Beane.
  • Brandi Nicole Mackey, 23, in custody at the North Central Regional Jail, Greenwood, was denied a motion by Beane to be placed on home confinement to await placement at a treatment facility and was sentenced to one to 10 years in prison with credit for 1,231 days served and a motion for any and all alternative sentencing was denied. On Oct. 9, she admitted to allegations in the petition to revoke her parole.

On March 14, 2005, she pleaded guilty to a charge of uttering. On May 27, 2005, she was sentenced to the Anthony Center for Young Adult Offenders. On April 7, 2006, she completed the program and her prison sentence was suspended for two years probation.

 
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