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Sparks fly during kidnapping hearing

August 21, 2002|by CANDICE BOSELY

martinsburg@herald-mail.com

MARTINSBURG, W.Va. - A woman who said she snorted heroin and smoked marijuana the same day she says she was attacked and thrown into the trunk of her car argued with the defense attorney several times in court Tuesday, forcing the magistrate to intervene.

The preliminary hearing was for Brandon D. Green, 20, who was charged with kidnapping, grand larceny and malicious wounding.

On July 9, Green choked, kicked, hit the victim with a steel car ramp and held a knife to her throat, alleged West Virginia State Trooper M.M. Kingery.

When the victim, 24-year-old Misty Dawn Hyson, took the stand, she contradicted some of Kingery's testimony and became combative with Green's attorney, Paul Taylor.

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After Hyson answered questions from the prosecutor, Taylor began his cross-examination with the question, "Have you had your heroin fix today?"

Magistrate Carleton DeHaven sustained the prosecution's objection.

Hyson said she went to Green's house to meet her friend Amber Crummitt, 20, who was going to help Hyson shop for a new car. Police also charged Crummitt, who was dating Green, with kidnapping.

When Taylor asked Hyson how many times she was hit with the steel car ramp, Hyson said, "You get bashed in the head and you see what you remember."

Hyson first told police she believed Green had hit her with a tricycle, but police later determined the object was likely a portable car ramp, Kingery said. Taylor held up a similar ramp and asked Hyson, "Does this look like a tricycle to you?"

Hyson responded that she had lost so much blood she was not sure what happened.

"Go to the crime scene and look for yourself," she told Taylor. "I thought I was on my deathbed. You think I know these things?"

Taylor asked Magistrate DeHaven to intervene, saying, "She's a very argumentative and uncooperative witness."

DeHaven himself asked Hyson several questions in an attempt to clear up her testimony.

When Taylor asked Hyson if it were true she told a friend the Montel Williams show had called, asking her to appear, the prosecutor argued it was irrelevant.

Taylor disagreed. "I think she's making this story better and better and better," he said.

In his closing statement, Taylor said Hyson "is a liar. She's not credible."

After hearing both sides, DeHaven found enough probable cause to forward the charges for possible grand jury indictment.

Taylor described Green as "a gentle, soft-spoken young man." He said Green could not have brandished a 25- or 30-pound car ramp because he had stitches in his armpit from a recent stab wound.

According to Taylor, Green says on the day of the assault, Hyson became angry that all the heroin had been smoked and started fighting with another man.

Kingery said no evidence exists to support that. He attributed Hyson's demeanor to either confusion or anger.

Kingery testified that he believes Green, Crummitt and another man known to police only as Chris attacked Hyson because they wanted to steal her Honda Accord and any cash she had.

About an hour after the assault, Hyson escaped from her car trunk on Interstate 70 near Clear Spring by pushing the trunk release button, Kingery said. She suffered multiple injuries and was hospitalized for two days, Kingery said.

Crummitt, who police allege stood nearby as Green attacked Hyson, also appeared in court Tuesday. Her preliminary hearing was continued, because her court-appointed attorney received the case just hours earlier.

Green and Crummitt are being held in Eastern Regional Jail without bail.

The third suspect, Chris, is still on the loose, Kingery said. He was last seen in Florida, where police found Hyson's car and where Crummitt and Green were arrested about two weeks after the alleged attack.

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