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Victim testifies in ex-husband's trial

January 14, 2004|by DAVE McMILLION

charlestown@herald-mail.com

CHARLES TOWN, W.Va. - With part of her leg amputated due to the attack, Roberta Bond tearfully recounted the day she was shot at her home on the Blue Ridge Mountain last May.

Bond testified Tuesday that her former husband, Scott Allen Marshall, had been violent toward her before, and when he showed up at her mobile home on May 5, he was carrying a sawed-off shotgun.

Marshall was indicted on charges of first-degree attempted murder, malicious assault, domestic battery and prohibited person in possession of a firearm.

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On Monday, he pleaded guilty to the latter charge, which stemmed from a family protection order that prohibited Marshall from carrying a firearm, Groh said.

Bond testified Tuesday during the first day of Marshall's trial in Jefferson County Circuit Court that Marshall grabbed her by the shirt, threw a phone to the floor and told her she was not going to call the police.

Bond was able to move toward a small window in the kitchen and jump through it.

"That was the last time Roberta (Bond) ran again," Jefferson County Assistant Prosecuting Attorney Gina Groh said in her opening arguments Tuesday afternoon.

Police say Marshall fired one gunshot through the window, striking Bond in the left thigh.

Bond said she felt a burning and stinging sensation in her leg when the shot went off.

"I never looked at my leg. I grabbed the grass and tried to pull myself," Bond testified.

Police who responded to scene found a trail of blood where she dragged herself.

Bond told jurors that she made her way to a pile of railroad ties. She said she tried to stand up to cross over the ties, but fell.

"My leg was all blowed up," Bond said.

Bond, who was brought into the courtroom in a wheelchair, cried periodically throughout her testimony, including when she talked about her leg being amputated. The leg was amputated just below the knee, Groh said.

Bond dragged herself for about 50 yards before she met a neighbor who helped her, Cpl. Dave Colbert of the Jefferson County Sheriff's Department testified Tuesday.

Marshall fled into nearby woods but was taken into custody later in the day.

Bond said Marshall was angry with her the day he came to her mobile home in the Valley View subdivision off Hostler Road because she recently filed for divorce.

One of the main issues in the trial will be whether Marshall was shooting aimlessly or was shooting to kill when he fired the shot that injured his former wife, Groh said.

When considering the shooting, defense attorney Jim Kent said jurors need to focus on "what did it mean."

While the shooting was a "horrible situation," Kent asked jurors to pay close attention to the demeanor of witnesses.

"Like every story, there is more than one side. I want you to listen to the evidence. Don't listen to Mrs. Groh, don't listen to me," Kent said.

Bond testified that on Oct. 19, 2002, Marshall became angry over her job. She said Marshall did not want her to have a job or any friends and grabbed her by her pajamas and threw her out of her house.

Marshall kicked her and destroyed furniture in her home including a bookcase and a TV, Bond said.

The trial before Judge Thomas W. Steptoe Jr. could last for several days, court officials said. On Monday, jurors were also taken to Bond's mobile home to view the shooting scene.

Marshall was being held in the Eastern Regional Jail on bond.

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