Grand jury to hear attempted murder case
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ELKINS -- Probable cause has been found in the case of a Barbour County woman accused of attempted murder after allegedly shooting another woman in the face during an altercation near Pickens.
Regina Lea Collette, 45, of Philippi, has been charged with attempted murder, a felony. She is being held in the Tygart Valley Regional Jail on a $100,000 cash-only bond, set by Randolph County Magistrate Tracy M. Harper.
On Monday, Harper found probable cause in the case after a preliminary hearing in Randolph County Magistrate Court. Her case will now be brought before a Randolph County grand jury for consideration.
At Monday’s preliminary hearing’s start, Assistant Randolph County Prosecutor Leckta Poling called Steven Marks to testify before the court. Marks, a cousin of Regina Collette’s husband, Jacob Collette, was a witness to the shooting.
In his testimony, Marks told the court that, on July 31, he, Keith Collette and Keith Collette’s girlfriend, Amanda Jo Simmons, were standing by Keith Collette’s camper that was kept on family property on Turkey Bone Road in Pickens. Marks stated that Keith Collette’s brother, Jacob Collette, then arrived on the property with Regina Collette.
Marks said Jacob Collette got out of his truck and began swearing at Keith Collette, and that Regina Collette exited the truck holding a baseball bat. He said both appeared irate. A “little bit” of a physical altercation broke out between the two brothers, Marks said, explaining to the court that both men seemed to grapple with each other in a type of headlock.
Marks said that Regina Collette then began hitting Keith Collette with the baseball bat, but Marks took the bat from her and threw it towards the camper. Jacob Collette then took a pistol out of his truck and shot into the air, saying “This is enough,” Marks told the court.
Then, Marks said, a physical altercation broke out between Regina Collette and Simmons, with both women ending up on the ground before being separated by the two brothers. Marks said Simmons was walking back to Keith Collette when Regina Collette went to the truck, produced another pistol, and walked over to Jacob Collette.
Regina Collette then pointed the pistol at Simmons’ head, Marks said, telling the court that Simmons asked, “What are you going to do, shoot me? Are you going to kill me?” Marks said Regina Collette then shot Simmons in the face.
Marks told the court that he took the pistol from Regina Collette and gave it to Keith Collette. Marks then drove his four-wheeler to his house and used his landline to call 911, as there was no cellular service in the area. After calling 911, Marks returned to the scene to find that Keith Collette had already taken Simmons to get help and that Jacob Collette and Regina Collette had moved their truck 100 yards away. Marks then went back to his home.
In cross-examination, Regina Collette’s attorney, Paul Gwaltney, asked Marks who owned the property the incident occurred on. Marks explained that it had belonged to his, Keith and Jacob’s grandmother, who then signed the deed over to their aunt, Linda Cassidy. Cassidy then added Jacob Collette’s name to the deed, he said.
Marks stated that Keith Collette’s camper was only on the property during the summer months and that they had just been standing around, talking and drinking beer, when Jacob Collette and Regina Collette pulled up. Gwaltney asked what Jacob Collette had been yelling about and Marks said it had something to do with the camper and Keith Collette.
Gwaltney also asked if either Regina Collette or Simmons had been on top of the other during their physical altercation on the ground. Marks said he didn’t believe one had been on top of the other, but then said Simmons might have been on top of Regina Collette. Gwaltney then asked Marks if he could see the black eye and stitches Regina Collette currently had, to which Marks said he could. Marks also testified that he saw blood on Regina Collette’s face after the physical altercation, but before Simmons was shot.
Marks was also asked by Gwaltney if he was aware that Jacob Collette had asked Keith Collette to take the camper off the property. Marks said he was aware of this, as Keith Collette had told him about the request a couple weeks before the July 31 incident.
In a series of follow-up questions, Poling and Gwaltney both asked Marks who was allowed to use the property. Marks explained that he and other members of the family had been told by their grandmother and Cassidy that anyone in the family could use the property any time. Poling also asked if Jacob Collette made any attempts to tow the camper or have a “no trespass” order against Keith Collette. Marks said he did not know.
Marks also testified that, when he returned home the second time, he spoke to 911 again and planned to show the arriving officers how to get to the family property. As he waited for officers to arrive to his house, Marks observed Jacob Collette park his truck in Marks’ driveway. Jacob Collette and Regina Collette stayed there until the police arrived, Marks stated.
Poling also called Trooper H.J. Bonetti of the West Virginia State Police’s Elkins Detachment to testify before the court. Bonetti, who joined the hearing via video call, was the arresting officer in this case.
Bonetti told the court that he and several other officers, including officers with the Randolph County Sheriff’s Office and Elkins City Police, had been dispatched on July 31 to a shots fired incident on Turkey Bone Road. He stated that EMS and Patrolman Sayre with the Elkins Police Department had intercepted Keith Collette and Simmons at the Homestead Community Center in Valley Bend, and then transported Simmons on to Davis Medical Center in Elkins.
Bonetti said that Simmons had sustained a gunshot wound to the left side of her face with the bullet lodged in her C1 vertebra, which had a fracture due to the bullet. He also testified that he collected gunshot residue off of Regina Collette and Jacob Collette, and that two other troopers had collected witness statements.
When Bonetti arrived to Marks’ home, he observed Regina Collette to have a laceration above her left eye and blood on her face, though it was unclear where the blood came from. He stated that Regina Collette was in and out of consciousness when he arrived and was unable to say full words. Bonetti, Jacob Collette and another trooper put Regina Collette into Bonetti’s cruiser and drove to meet EMS to transport her to Davis Medical Center.
When Poling asked Bonetti if he was aware of any issues between Regina Collette and Simmons, Bonetti said he knew there was some dispute regarding property, but he understood it to be between Jacob Collette and Keith Collette, and that nothing in his investigation indicated that Keith Collette or Simmons had been banned from using the property. Bonetti also testified later on that, during an interview with another trooper, Cassidy said that any family member could use the property.
During cross-examination, Gwaltney asked if Bonetti observed any defensive or offensive marks on either Regina Collette or Simmons. Bonetti said photographs of both women’s hands and arms had been taken, but he did not recall if there were marks or not on either of them. Gwaltney also asked if it appeared that Regina Collette was faking her lack of consciousness when police arrived, to which Bonetti said he was not a medical professional.
Gwaltney asked Bonetti if he was aware that Simmons had threatened to kill Regina Collette before Simmons was shot. Bonetti said yes. In a follow-up question, Poling asked if the only person who reported the threat was Regina Collette, to which Bonetti said yes. When Poling asked if any of the other witnesses corroborated that Simmons threatened Regina Collette, Bonetti said they did not.
In closing, Poling asked the Harper to find probable cause against Regina Collette due to the testimony given that day in the court.
Gwaltney asked the court to not find probable cause, as he argued Simmons had attacked Regina Collette first and it was not clear if Regina Collette was conscious enough to understand what she was doing when she shot Simmons.
In rebuttal, Poling said the testimony made it clear that Regina Collette and Jacob Collette were the aggressors in this situation and that Regina Collette chose to re-engage Simmons by going to get the pistol, pointing it at Simmons and firing.