Judge Jaymie Godwin Wilfong adamantly denied a defense motion to delay the trial of a Beverly man who is facing charges of negligent homicide Thursday in Randolph County Circuit Court.
Bradley Allen Reed, 54, was indicted in June 2012 on one felony count of leaving the scene of a crash resulting in death, and misdemeanor counts of negligent homicide, unlawful taking of a vehicle, unsecured load and petit larceny.
Reed's trial is still scheduled for 9 a.m. July 18-19 after Wilfong denied a motion made by Reed's attorney, James Hawkins, to continue the case into the fall.
Reed is accused of causing the Nov. 5, 2011, accident that killed 63-year-old Martha Rose of Beverly. According to previous reports, Reed allegedly was driving a red Dodge Neon hauling a trailer, which was carrying unsecured stolen vehicle rotors. One of the rotors fell off the trailer near Dotson Run Road and smashed through the windshield of a Dodge Caravan occupied by Roger and Martha Rose. The rotor struck Martha Rose, who was pronounced dead at the scene.
At Thursday's pretrial conference, Hawkins asked that the trial be moved to September or October, saying Randolph County Prosecuting Attorney Michael Parker had provided him with additional discovery just a few days prior.
"I need an opportunity to respond to that," Hawkins said, "and this is a complex case involving death, with various issues including a witness who was formerly a law enforcement officer and how to resolve that."
In support of his motion, Hawkins noted that Reed had waived his constitutional right to a speedy trial and despite being free on bond, had never failed to show up for a court appearance.
Randolph County Prosecuting Attorney Michael Parker asked Wilfong to schedule the trial as soon as possible.
"I think Mr. Hawkins makes this motion in good faith, although I would note that this case had been pending for some time," Parker said.
Wilfong said the July trial date would stand.
"He was indicted in June of 2012, and this has been set for trial four times," Wilfong observed. "The motion is denied, and the trial is set for July 18-19. Jury selection is on July 9."
"I was just served discovery," Hawkins repeated. "I need an opportunity to respond, and we would respectfully ask the court to reconsider."
"Absolutely not," Wilfong replied. "Four times is enough. My concern is this has dragged on for way too long. We need to get it resolved. The motion is denied."
Also in Circuit Court Thursday:
- Corcia Michelle Smith, also known as Corcia Michelle Ramey, 34, of Elkins, was sentenced to one to five years in prison for one count of conspiracy to commit burglary, a felony, and one to 10 years in prison for forgery, a felony, for an effective sentence of two to 15 years.
Wilfong also sentenced Smith to the time she's already served in jail - 267 days, according to her attorney, William T. Nestor - for one misdemeanor count of contributing to the delinquency or neglect of a minor.
Smith pleaded guilty to those three charges - two felonies and one misdemeanor -in May after being named in two separate indictments in February. The first indictment charged her with one felony count of kidnapping or concealing a child; one felony count of forgery; one felony count of uttering; one misdemeanor count of fraudulent schemes; one misdemeanor count of contributing to delinquency or neglect of a minor; and one misdemeanor count of obstructing an officer.
Ramey is accused of allegedly bribing a female minor to act as her daughter so she could obtain money under false pretenses from a man on Sept. 23, 2012.
The second February indictment naming Smith charged her with one felony count of burglary; four felony counts of forgery; four felony counts of uttering; and one misdemeanor count of obstructing an officer. The charges in that indictment stem from an Oct. 3, 2012, incident during which she allegedly broke into an Elm Street residence. Police subsequently apprehended her in the basement of the house.
Nestor asked for an alternative sentence such as adult drug court, saying the October burglary "was just another case where drug addiction fueled her actions."
"She had consumed 30 Xanax pills at the time the offense was committed," Nestor said, "and she believed her husband (Steven L. Smith) knew the owners of the house he was leading her into."
Parker, however, opposed an alternate sentence, pointing to a letter the burglary victim had written to the court detailing the psychological effects he has suffered as a result of the breaking-and-entering. Parker also said Smith had been written up several times while incarcerated.
Wilfong denied the request for an alternate sentence.
Contact Katie Kuba by email at firstname.lastname@example.org.