Pocahontas Grand Jury Indicts Five During December 2010 Session
Marlinton, WV – Five people were indicted by the Pocahontas County Grand Jury when they met on December 15th. Pocahontas County Prosecuting Attorney Donna M. Price says the number of persons indicted this term is limited in light of the fact that three of the indictments are some of the most serious charges a person can face and can carry
extensive prison terms. All counts are felonies unless otherwise specified.
John B. Boggs, age 61of Marlinton, is indicted on one count of Murder and one count of Wanton Endangerment. Boggs is accused of the shooting his brother Danny Boggs on March 9th, 2010. According the indictment, John Boggs shot his brother Danny in the living room of the home they shared. If convicted, John Boggs could spend the rest of his life in prison. The wanton endangerment charge carries a 1 to 5 year prison sentence and up to $2,500.00 in fines.
Charles E. Stull, age 50, of Durbin, is indicted on one count of Murder, and two counts of wanton endangerment. Stull is accused of shooting Jesse Bennett in an apartment in Durbin on June 7th, 2010. At the time of arrest, Stull had claimed that he was showing a gun to Bennett when it went off accidentally hitting Bennett in the chest area.
The injury was not immediately fatal for Bennett, who died later that night as a result of the injuries sustained in the shooting. The wanton endangerment charges are for discharging the weapon within the confines of the apartment when two other people were present. Stull had been charged with being a prohibited person with a firearm in Pocahontas Magistrate court – that matter is still pending.
Samuel Elliot, age 58 of Green Bank, is indicted on one count of Attempted Murder and one misdemeanor count of Domestic Assault. Both charges stem from an August 12th, 2010 incident in which Samuel Elliot is accused of trying to run down his wife Denise Elliot with his vehicle, following a verbal altercation between the two. She was able to escape after Mr. Elliot’s vehicle became entangled in a telephone guide wire on a utility pole. The attempted murder charge carries a sentence of 3 to 15 years in prison, and the domestic assault up to six months.
Gregory Warf, age 47 of Hillsboro, is indicted on one count of malicious assault or wounding in an August 26th, 2010 incident. Warf is accused of assaulting Robert Pendleton with both his fists and a baseball bat, causing serious bodily harm to Pendleton. If convicted, Warf could be sentenced to 3 to 15 years in prison.
Lee Wolfe, age 37 of Durbin, is indicted on one count of driving under the influence, 3rd offence. Wolfe, when arrested in March, 2010 was found to have a blood alcohol concentration of .228, well over the legal limit of .08. Wolfe was previously convicted of driving under the influence on Oct 2nd 2003, and on August 25th 2006.
The Grand Jury also heard evidence against David Doyle, age 37 of Durbin. Doyle was accused of one count of Burglary and two counts of Battery. However, the Grand Jury declined to indict Doyle on any of the charges.
An indictment is only an indication that there is enough evidence presented to proceed to trial. All those indicted are presumed innocent unless and until it’s proven otherwise in a court of law.