An Elkins man who was arrested last week for allegedly stabbing another man waived his right to a preliminary hearing Friday in Randolph County Magistrate Court.
The case of Larry Thomas Gainer Jr., 38, was consequently bound over to Randolph County Circuit Court for further litigation. Gainer's attorney, William T. Nestor, also successfully negotiated a bond reduction for his client - from $50,000 cash or surety to $10,000 cash or surety.
Gainer is facing malicious assault charges for an incident that resulted in a man being stabbed in the backside.
The male subject was identified as Steven Guessford and was found standing outside near 126A Pleasant Avenue "having what appeared to be blood on his pants," according to the report.
Police entered the residence and found Gainer lying on the floor and another man, later identified as David Leary, standing over him, according to the police report. Leary claimed in a statement that Guessford and Gainer had an altercation, after which Gainer allegedly told him that he was going to stab Guessford.
Leary advised Gainer "not to do it," according to the report, but was later "stirring his noodles and he heard a puncture noise." Leary then saw Gainer stab Guessford once "with a big knife in the right or left backside" and Guessford went outside to flee from Gainer, but Gainer pursued him, according to the police report.
Gainer then allegedly struck Guessford in the face. Leary stated that he intervened and disarmed Gainer, restraining him until police officials showed up, the report stated.
Leary allegedly told police that Gainer had stabbed Guessford and officers placed Gainer under arrest. Guessford was attended to by an EMS crew and transported to Davis Memorial Hospital, where he underwent surgery, according to the police report.
Nestor said that the incident occurred under extenuating circumstances since all three men were intoxicated at the time.
Gainer remained in custody at the Tygart Valley Regional Jail as of presstime.