Trial date set in fatal W.Va. crash

May 30, 1998|By AMY WALLAUER

MARTINSBURG, W.Va. - David W. Grove will go to trial Oct. 13 for charges stemming from a fatal car wreck that killed a Hedgesville, W.Va., couple and injured two children.

The Martinsburg man was indicted by a grand jury earlier this month in Berkeley County Circuit Court.

Grove, 45, of 924 S. Raleigh St., faces two counts of driving under the influence causing death for Shelva and Daniel Head, two counts of DUI with injury for the injured children and third-offense DUI.

According to West Virginia State Police, Grove was driving his 1976 Mercury Cougar eastbound on W.Va. 9 on Jan. 25 when the car skidded out of control, crossed the center line and struck the Heads' 1992 Chevrolet Cavalier head-on.

Shelva and Daniel Head died of massive blunt trauma, records said. The couple's son, 4-year-old Brian Head and 16-year-old Michelle Pentz, Shelva Head's daughter from a previous marriage, were seriously injured.


Police did not do field sobriety tests or an Intoxilyzer test because Grove was taken to Martinsburg City Hospital immediately following the crash, Trooper Dean Olack said at Grove's April 2 preliminary hearing.

A blood test taken at the hospital showed a 0.18 percent blood alcohol level, Olack said.

Trial dates were also set Friday for two men charged in connection with a botched carjacking and a man charged with sexual assault:

- Lynis Nathaniel Ellerbe, 18, of Martinsburg, and Gary Colbert, 19, of Fort Washington, Md., face aggravated robbery and attempted kidnapping charges for a Jan. 14 incident.

Ellerbe was additionally charged with wanton endangerment with a firearm.

Ellerbe's trial is scheduled for Aug. 20. Colbert is to be tried on Oct. 14.

According to court documents, Rahill Nawaz II, of Ranson, W.Va., was walking to his vehicle after visiting friends at about 1 p.m. in the Berkeley Garden Apartments when he was approached by three men.

One man pointed a gun in his back while Nawaz was unlocking his car door, Nawaz told police, and told him to hand over the keys to his Toyota 4-Runner.

A second man and a third got into the vehicle and ordered Nawaz into the back seat but instead, he grabbed the gun, Nawaz told police.

A struggle ensued and the armed man tried to fire several times, but the gun wouldn't discharge, documents said.

The two other men got out of the vehicle and began strangling Nawaz, police alleged. Nawaz managed to get the loaded .22-caliber revolver, and ran back to his friend's apartment, the report said.

- Charles E. Redman, 29, will go to trial on Sept. 23 for charges stemming from a sexual assault in an East Liberty Street home on Oct. 3, 1997.

Redman is charged with two counts of first-degree sexual assault, burglary and two counts of second-degree sexual assault.

According to court records, the alleged victim had left a West Martin Street home at about 2 a.m. with a man and woman she knew, who were dating.

The alleged victim told Martinsburg City Police the three went to 250 E. Liberty St., where the man broke a window to gain entry.

Once inside, she went upstairs to use the bathroom and the man offered to show her where it was. Instead, he led her to a bedroom, she told police, and forced himself on her.

When the man's girlfriend went upstairs and saw what was happening, the man ordered her to take her clothes off as well, the complaint said. She refused at first, but he slapped her and she complied, police reports stated.

Kelly Moreland, age and address unavailable, was also charged in connection with the incident.

Moreland was to be arraigned Friday on first-degree sexual assault and burglary charges, but failed to appear.

A bench warrant for her arrest and immediate delivery to court has been issued.

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