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Judge denies motion in Newlon case

ELKINS — During a post-trial motion hearing Friday, a judge denied a motion for acquittal and motion for new trial in the case of Theodore Yeager Newlon, 86, of Gilman, who is accused of fatally shooting his wife.

Following a five-day jury trial in September, Newlon was convicted of first-degree murder for shooting and killing his 68-year-old wife, Dora Newlon, in their home near Gilman in February 2012.

Newlon’s defense counsel, James Hawkins, requested the acquittal, citing the state provided no evidence of premeditation, malice or intent to kill during the trial.

“Your honor, our first contention is that the defendant was convicted with insufficient evidence. That contention primarily goes toward the elements of proof with respect to premeditation, with respect to malice in this case and also with respect to intent to kill,” Hawkins said. “It’s our contention that the defendant, based on the evidence that was presented, could have been convicted of no more than involuntary manslaughter.”

The motion for new trial was based on Hawkins belief that the court was in error when they did not grant a continuance of the trial to allow Newlon to have his hearing tested. He also said he believed the court did not conduct a proper colloquy with Newlon regarding his right to testify or not testify.

Randolph County Prosecuting Attorney Michael Parker objected to the motions and said he believes there was ample evidence for the conviction.

“Clearly, when the court looks at the evidence in this case, the state had ample evidence to establish first-degree murder,” Parker said. “When the court looks at the evidence, the evidence was that the defendant kept that M1 Garand rifle in his bedroom. There was an imprint that matched the butt of that rifle. His son testified that he kept that rifle in his bedroom and that bedroom was 20 feet away from where the victim was shot and murdered so whether it’s direct evidence or circumstantial, the evidence indicated that he had to go 20 feet to his bedroom, get the rifle, come back and shoot his wife.”

Senior Status Judge Thomas Keadle ruled to deny both of the defense motions and set a sentencing hearing to take place at 12 p.m. on Nov. 18.

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