The arraignment of an 81-year-old man who allegedly shot his wife to death was continued Wednesday in Randolph County Circuit Court.
Theodore Yeager Newlon was indicted on one count of murder and one count of wanton endangerment in the fatal shooting of 69-year--old Dora Lee Newlon in his home in Kerens on Feb. 6.
Newlon's attorney, James Hawkins, asked for the continuance Wednesday in light of an evaluation performed by a psychiatrist, Dr. Bobby Miller. The evaluation reported that Newlon is not competent to stand trial and is not likely to be restored to competency, Hawkins said.
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Newlon
"My position is that Mr. Newlon suffers from dementia, which is a chronic problem that is irreversible," Hawkins told The Inter-Mountain after the hearing.
"My goal is to get Mr. Newlon into Sharpe Hospital," Hawkins said during the hearing.
Prosecuting Attorney Michael Parker said that the state may challenge the evaluation's findings and have Newlon evaluated by another medical firm. "I've already retained them," Parker said.
Circuit Judge Jaymie Godwin Wilfong granted the continuance. A hearing date has yet to be set.
Also on Wednesday, Bradley Allen Reed, 53, of Beverly, pleaded not guilty to 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 is accused of causing the Nov. 5 accident that killed 63-year-old Martha Rose, of Beverly. Police said 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.
On Wednesday, Reed's attorney, Hawkins, said that due to the "extensive publicity" the case has received, he may file for a change of venue for Reed's trial.
Reed's bond remains at $150,000 surety.
Richard Clive Devine, 61, of Elkins, pleaded not guilty Wednesday to one felony count of sexual assault in the first degree, five felony counts of employment or use of a minor to produce obscene matter or assist in doing sexually explicit conduct, five felony counts of use of minors in filming sexually explicit conduct, and five felony counts of possession of material depicting a minor engaged in sexually explicit conduct.
As Wilfong read the charges aloud in Wednesday's hearing, Devine said, "No, no" and shook his head, leaning over the table where he was seated.
Devine was indicted in October 2010 on a felony charge of use of a minor to produce obscene matter. That charge was dismissed without prejudice in Randolph County Circuit Court in May, allowing time for further investigation that could lead to more felony counts, officials said at the time.
Joshua Michael Jones, 19, entered a not guilty plea Wednesday to sexual assault in the second degree, a felony.
Attorney Dwight Hall, representing Jones, said, "The state has (also) filed a 12-count juvenile petition" against Jones "alleging 12 counts of sexual assault." Hall said the juvenile petition involves "the same alleged victim as the indictment plus another alleged victim."
Parker said, "The state anticipates moving (the juvenile petition) to adult jurisdiction."
Jones' bond remained at $50,000 cash only.
Justin Pete Short, 29, of Elkins, pleaded not guilty to four felony counts of failure to register as a sexual offender or provide notice of registration changes.
Wilfong told Short's attorney, Hall, that she had received a letter from "the regional jail from your client threatening me, my entire family and Mr. Parker." The letter was not signed, but the state has "ample examples of his handwriting to compare," Wilfong said.
Hall was given a copy of the letter. The original letter was turned over to authorities for fingerprinting, Wilfong said.
Short's bond remains at $50,000 cash only. He is currently serving two one-to-five year sentences for failing to register as a sex offender, Parker said.
Allen Jay Demastus, 34, of Sutton, pleaded not guilty to six felony counts of threats of terrorist acts, eight felony counts of retaliation against a public official or employees, and one misdemeanor count of battery on a government representative.
Benjamin William Cottrell III, 29, of Elkins, pleaded not guilty to 11 felony counts of failure to register as a sexual offender or provide notice of registration changes.
Cottrell also pleaded not guilty to burglary and grand larceny, both felonies.
Robert Lee Scott, 31, of Elkins, pleaded not guilty to four felony counts of delivery of a controlled substance, and three felony counts of conspiracy.
Valerie Jacque McIntyre, 23, also known as Valerie Jacque Scott, of Elkins,pleaded not guilty to three felony counts of delivery of a controlled substance, and three felony counts of conspiracy.
Justin Thomas Fortney, 27, of Elkins, pleaded not guilty to one felony count of burglary and one felony count of grand larceny.
Angela Afferette Gould, 41, of Valley Head, pleaded not guilty to four felony counts of forgery and four felony counts of uttering.
Wilfong disclosed that she knows Gould, having worked with her and performed her wedding, but said she has had no contact with her for some time.
Parker said he had no objection to Wilfong presiding over the case, but if Gould wishes to file a motion asking that Wilfong be recused, she may do so.
Michael Jay Moore, 19, of Elkins, pleaded not guilty to seven felony counts of forgery, seven felony counts of uttering, and one felony count of fraudulent use of an access device.
Roger Lee Fortney, Jr., 35, of Elkins, pleaded not guilty to one felony count of burglary, two misdemeanor counts of petit larceny, one misdemeanor count of assault on a government representative, and four misdemeanor counts of possession of a controlled substance.
Justin Paul Robinson, 27, of Elkins, pleaded not guilty to two felony counts of burglary and one felony count of malicious assault.
Seth Wade Goldsmith, 22, of Elkins, pleaded not guilty to one felony count of grand larceny and one felony count of transfer of stolen goods.
Kristie Dawn Martin, 31, of Harman, pleaded not guilty to one count of shoplifting, third offense, a felony.
Joe Michael Bragg, 27, also known as Michael Joseph Bragg, an inmate at Huttonsville Correctional Center, pleaded not guilty to six felony counts of conspiracy.
Sara Lynnette Bryan, 33, of Lesage, pleaded not guilty to four felony counts of attempt of transportation of controlled substances onto the grounds of a correctional facility, four felony counts of attempt of delivery of contraband to an inmate, two felony counts of possession with intent to deliver a controlled substance, and four felony counts of conspiracy.
Karena L. Davis, 32, of Nitro, pleaded not guilty to six felony counts of attempt of transportation of controlled substances onto the grounds of a correctional facility, six felony counts of attempt of delivery of contraband to an inmate, two felony counts of possession with intent to deliver a controlled substance, and eight felony counts of conspiracy.
Brian Allen Simpkins, 29, of Denmar, pleaded not guilty to six felony counts of conspiracy.
Wilfong ordered a capias for the arrest of Henry Martin Woody, Jr., 25, of Nitro, who did not appear at Wednesday's arraignments.
Woody was indicted on six felony counts of attempt of transportation of controlled substances onto the grounds of a correctional facility, six felony counts of attempt of delivery of contraband to an inmate, two felony counts of possession with intent to deliver a controlled substance, and eight felony counts of conspiracy.
David Paul Dailey, 36, an inmate at Huttonsville Correctional Center, pleaded not guilty to two felony counts of offense committed by an inmate, four felony counts of retaliation against a public official or employee, and four misdemeanor counts of battery on a governmental representative.
Two individuals named in special prosecutor case indictments were also arraigned Wednesday.
Stacy James Wise, 23, of Elkins, pleaded not guilty to three felony counts of third-degree sexual assault.
Wise had been indicted in February on four counts of third-degree sexual assault, but the charges were dismissed without prejudice in May, due to an error in the wording of the indictment.
Johnny Henry Rucker, 35, of Mabie, entered a not guilty plea to one count of DUI third offense.
All defendants are presumed innocent until and unless proven guilty in a court of law.
