ELKINS - Randolph County Circuit Court Judge Jaymie Godwin Wilfong denied a motion to suppress a piece of evidence Wednesday in the case of a Beverly man facing charges of negligent homicide.
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 after being accused of causing the Nov. 5, 2011, accident that killed 63-year-old Martha Rose of Beverly.
Reed allegedly was driving a red Dodge Neon hauling a trailer, which was carrying unsecured stolen vehicle rotors, police said. 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, police said.
Wednesday's suppression hearing focused on a recording of an interview conducted in the Elkins detachment of the West Virginia State Police on Nov. 10, 2011, with Reed and J.A. Burns, a former sheriff's deputy and the investigating officer at the time, discussing the incident. Burns testified that the interview was recorded with a motion-activated camera.
"As soon as it detects movement it begins to record," Burns said. "But if you stop moving and are just sitting and talking, it will stop recording."
Burns said that, as a result of how the camera works, there are gaps in the recording.
Reed's attorney, James Hawkins, said in addition to the gaps, which he felt damaged the credibility of the interview, the recording was prejudicial and that the prosecution and its witness were attributing quotes to Reed.
"It goes beyond a credibility issue," Hawkins said. "I think the court should find as a matter of law that these statements were not adopted by Mr. Reed. They should not be attributed to him. There is no other evidence found other than
Assistant Prosecuting Attorney Richard Shryock said the interview was not ideal due to technical difficulties. However, he said it was conducted on Reed's terms. He and Burns said Reed came in for the interview voluntarily, had the option to leave whenever he wished and was not being held in custody at any time during the
Wilfong ruled there was not enough evidence to support the suppression request and denied the motion.
Reed's trial is set for April 23 and 24, with jury selection on July 22.
Also in Randolph County Circuit Court Wednesday:
Jonathan Webb, 33, an inmate of Huttonsville Correctional Center, pleaded guilty to one count of conspiracy and could be facing one year in a state penitentiary. His sentencing is set for May 30.
Junior Howell, 40, of Dailey, pleaded no contest to one count of possession of marijuana (more than 15 grams), a misdemeanor. Howell was initially indicted on one count of manufacturing a controlled substance, a felony. He could face up to six months in a state penitentiary. His sentencing is scheduled for May 30.
Perry Himes, 32, of Junior, pleaded guilty to one count of third or subsequent offense driving under the influence, a felony. Himes told the court he was operating an ATV under the influence of alcohol.
Himes could face one to three years in a state penitentiary. His sentencing is set for May 30.
Derek Michael Snead, 22, an inmate of Huttonsville Correctional Center, was sentenced to one to five years in a state penitentiary for pleading guilty to unlawful wounding, a felony. This sentence will run consecutive to his current sentence.
Snead told the court he was sorry for what he had done. He said he did not mean to harm anyone and he took full responsibility for his actions.
Kevin Mark Gumm, 25, of Valley Bend, was sentenced to two years in a state penitentiary to run concurrently with each other. The sentence was suspended in favor of two years supervised probation.
On Feb. 3, Gumm pleaded guilty to one count of bringing tobacco into a penitentiary and one count of conspiracy.
Carl Manley, 38, was sentenced to six months in a state penitentiary for pleading guilty to one count of possession of methamphetamine, a misdemeanor. That sentence will be suspended in favor of three years supervised probation in the Community Corrections program.
Justen William Shomo, 23, of Elkins, pleaded not guilty to one count of grand larceny, one count of breaking and entering, both felonies, and one count of destruction of property, a misdemeanor.
Shomo was arrested after allegedly stealing and damaging a 2006 Honda Foreman 200 all-terrain vehicle belonging to Christopher Rhodes.
His jury selection is set for May 7 and his trial is set for May 16.
Michelle Skidmore, 42, of Belington, pleaded not guilty to seven counts of forgery, one count of uttering, one count of possession of a controlled substance (Alprazolam) and one count of conspiracy to possess a controlled substance by fraud, all felonies.
Skidmore was arrested after allegedly forging prescriptions with the signature of Dr. William San Pablo from March 2012 to February 2013.
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