COVID-19, venue concerns delay Wood County murder trials
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PARKERSBURG -- A number of murder trials are pending in Wood County Circuit Court as the COVID-19 pandemic and other concerns continue to impact scheduling.
Wood County Prosecutor Pat Lefebure recently told the Wood County Commission that all three circuit judges had murder trials set in the coming months.
Officials said the courts were going to need larger venues to accommodate a lot of people while maintaining social distancing guidelines and other health concerns during the continuing COVID-19 pandemic.
The current courtrooms in the Shaver Judicial Building are too small to accommodate the people expected, including over 60 people to question and review to get down to a jury of 12 impartial people who can serve during a murder trial.
On Thursday, Wood County Commissioner Robert Tebay told Lefebure he had been in contact with people at the Parkersburg Actors Guild theater and that it might be used as a venue.
Officials have also discussed using the Smoot Theater, Parkersburg City Council Chambers and other venues.
Lefebure said the decision lies with the judges. Court officials would have to review potential sites to make sure they can meet the needs of the court while maintaining security and the safety of everyone involved.
The trial of Billy Ray Johnson which was scheduled to begin March 15 before Circuit Judge Robert Waters has been continued to a later date.
Johnson was charged with first-degree murder after Wood County Sheriff's deputies and West Virginia State Police responded to a reported domestic dispute at Johnson's 2993 Staunton Turnpike residence outside Parkersburg city limits in November 2019. His brother, 59-year-old Kenneth Wayne Arnott, had been stabbed.
Court officials had secured the use of Parkersburg City Council Chambers to hold the trial.
Court records indicated the trial was continued to allow a defense expert witness more time to complete DNA testing and provide reports. The state did not object.
A new trial date has not been set yet.
A pre-trial hearing was held Thursday before Judge Jason Wharton for Dominick McClung, 18, in custody at the Donald R. Kuhn Juvenile Center in Boone County. He is accused of the September 2019 murder of Parkersburg resident Karen Yeager.
McClung has previously pleaded not guilty to two charges of murder, robbery, burglary, concealing a deceased human body, grand larceny and conspiracy to commit a felony in the case.
He is still scheduled to go to trial on April 6.
Bernard Bell, 37, currently in custody at the North Central Regional Jail, also had a hearing before Wharton on Thursday.
He is charged with murder, robbery and grand larceny in regards to the May 2017 death of Dominque Higgins at her Abbey Village apartment.
Trial is set for June 2.
William Allen Nutter, 40, 861 Grattan St., Chickopee, Mass., is scheduled to go to trial on May 4 before Wharton on the charge of murder, according to court records.
Nutter, who is in custody at the North Central Regional Jail, was indicted in the fall in the death of his brother, Charles Ryan Cottle, 29.
On May 10, 2020, Parkersburg Police responded to 1324 Broadway Ave. for a report of shots fired. Police reported Cottle was shot nine times in the torso and hip. He was found against the back door of the family home.
Nutter's attorney, D. Shane McCullough, recently moved to be removed as Nutter's attorney and new counsel needed to be appointed as it was believed they could no longer work together. The motion was granted but the new counsel is not on file yet, court personnel said.
Pre-trial motions have to be submitted by March 31.
A hearing was held last week before Judge J.D. Beane in the case of Madison Wine who has been charged with first-degree arson and murder in the deaths of Robert Taylor, 58, and his wife, Charolette, 52, at their Davisville home in May 2019.
She was 16 at the time of the incident and the Taylors were her adoptive parents. Wine is being tried as an adult. The hearing dealt with whether statements she made at the time to the state fire investigator were admissible.
Beane did not rule on the matter. He wanted time to review the audio recording of the interview with Wine as well as the reports from two doctors who testified as expert witnesses. He gave both sides until March 19 to submit all the relevant reports. A date would be set then for him to rule on the matter. A trial date would also be set at that time.
Contact Brett Dunlap at bdunlap@newsandsentinel.com