GLENVILLE - A Calhoun County man who has been jailed for two years without trial will remain incarcerated, according to a judge.
Late last week, Calhoun County Circuit Court Judge David Nibert denied motions from defense attorney Barbara Schamberger on behalf of William Seth Denmark. Denmark was charged with murder in June 2011, related to the 2006 disappearance of 17-year-old David Wayne Beach.
Denmark has been in jail since March 2009, when he was charged with child endangerment. That charge was dismissed in May 2011 after the state failed to present the case to a grand jury within two terms of the court following Denmark's arrest.
William Seth Denmark
On the same day that charge was dismissed, Denmark was charged with first-degree murder and remained held without bond.
Last week, Schamberger asked Nibert to dismiss the murder charges against Denmark or grant bond and home confinement. The defense argued prosecutors failed to present its evidence within two terms of court.
In his three-page ruling, Nibert disputed that contention, maintaining the charges against Denmark were separate crimes.
"The charges of kidnapping and the charge of murder are two separate criminal offenses alleged against separate victims," the judge stated, "and the court declines to consider such criminal charges as one for the purpose of analysis of pro-indictment delay in presenting this case to a grand jury."
However, Nibert stated Denmark is entitled to have his case presented to a grand jury by May, noting the January grand jury has not been excused.
"The court will deny the defendant's motion to dismiss the warrant as the January 2012 term has not expired," he stated.
According to the Calhoun County circuit clerk, a special grand jury will convene March 20.
Messages left for Calhoun County Prosecutor Rocky Holmes were not returned.
During a press conference last month, Holmes said he would be presenting a case regarding an infant death to the March 20 grand jury. That case could be related to the death of 3-month-old Darlene Marie Rogers, who died as a result of blunt force trauma to the head. Her parents, Ashley Kreh, 21, and 30-year-old Ordie Rogers, are facing charges. Kreh is charged with death of a child by parent by child abuse. Rogers is facing child neglect resulting in the death of a child.
The couple was arrested by the West Virginia State Police last month and had a preliminary hearing in Calhoun County Magistrate Court last week.
Authorities were also investigating the 2011 death of a 7-month-old infant. The details of that case have not been made public.
The grand jury may also consider the state's evidence against Denmark. The 24-year-old is charged with murder without officials producing a body. In February 2010, officials, including the Wood County coroner, converged on the Denmark property, near Orma, to conduct a search but failed to locate a body.
Beach, 17, was last seen in Spencer in May 2006, after he was allegedly picked up by Denmark.
According to criminal records in the case, an eyewitness told police Denmark threatened her at gunpoint and made proof of his threats by shooting Beach in the head.
The complaint states the witness saw Beach lying in a hole and was forced to hold a flashlight while Denmark covered the body. Investigators have yet to locate the alleged body.
The murder complaint states officials recovered a .38-caliber bullet from the alleged gravesite. A .38-caliber gun recovered in 2010 by investigators was identified by an eyewitness as the murder weapon.