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Motion denied in Randolph attempted murder case

May 14, 2013
By Beth Christian Broschart - Staff Writer , The Inter-Mountain

A motion to suppress a statement obtained from a 71-year-old inmate at Mt. Olive Correctional Center charged with attempted murder was rejected Monday in Randolph County Circuit Court.

In November, Whorley Jack Ayers was indicted on one felony count of attempted murder, one felony count of malicious assault and one felony count of offense committed by an inmate. According to the indictment, Ayers allegedly attacked Phillip J. Frye on Feb. 6, 2012 at Huttonsville Correctional Facility.

Attorney Christopher Cooper, representing Ayers, argued that Ayer's statement was a custodial interrogation, was prolonged and illegally obtained.

Cooper said his client was segregated following the alleged incident for more than 60 hours and said it could not be ascertained if his client was sleep- or fooddeprived.

"The alleged victim was interviewed the day prior to my client," Cooper said. "(The alleged victim) had not suffered anything like segregation prior to his statement to the interviewer, Denver L. Rosier." Rosier is a director of investigations for the state Division of Corrections.

Judge Jaymie Godwin Wilfong denied the motion to suppress. She said Ayers was properly informed of his right to legal council, understood his rights and gave his statement voluntarily.

Ayers - who was an inmate at Huttonsville Correctional Center at the time the alleged murder attempt occurred - will stand trial July 19 in the Randolph County Courthouse. A pretrial conference is slated June 27, and is the last day a plea agreement will be accepted. Jury selection will be July 9.

In November, Ayers was indicted on one felony count of attempted murder, one felony count of malicious assault and one felony count of offense committed by an inmate. According to the indictment, Ayers allegedly attacked Phillip J. Frye on Feb. 6, 2012 at Huttonsville Correctional Facility.

 
 

 

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