By JEFFREY SAULTON
PARKERSBURG - There will not be a trial in the case of Mark Byers in the March death of Mary Hardman.
Wood County Prosecutor Jason Wharton said Friday the January grand jury heard the case and decided there would be no indictment. According to a report filed by the panel, the grand jury "directs that Parkersburg Police issue a citation in this case for improper window tint and defective of improper equipment to Mark Byers."
In September, Byers was indicted by the grand jury on a charge of negligent homicide, a misdemeanor, in connection with the March 23 death of 54-year-old Hardman. She was killed when she was struck by a vehicle allegedly driven by Byers in the Bureau of the Public Debt parking lot near Second and Juliana streets.
In December, Judge Robert Waters dismissed charges against Byers, 49, 801 23rd St., Parkersburg.
Waters dismissed the charges on a motion from the state due to what was termed as incorrect information. Prosecutors said the incorrect evidence was the lease agreements for the parking spaces required ingress and egress at a particular part of the parking lot.
In the motion it was asked of the court to dismiss the case without prejudice so the case could be re-presented to the grand jury. A week before, Waters dismissed a defense motion to dismiss the case. Waters heard arguments for a defense motion to dismiss since the defense said the evidence from the state did not show Byers acted in a negligent manner.