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Woman says she was beaten, stuffed into car truck

June 24, 2004|by CANDICE BOSELY

martinsburg@herald-mail.com

MARTINSBURG, W.Va. - Misty Dawn Hyson testified Wednesday that she was choked and kicked, her head slammed against a wall, that she was hit with a metal object and that a plastic bag was placed over her head before she was thrown into the trunk of her car on July 9, 2002.

Hyson, 25, said Brandon D. Green, 22, of Martinsburg, was the primary aggressor and that the beating took place in his back yard. Her testimony came during the second day of a Circuit Court trial for Green, who is charged with kidnapping, malicious wounding, grand larceny, conspiracy to commit kidnapping, conspiracy to commit malicious wounding and conspiracy to commit grand larceny.

Hyson was one of six people who testified. Others were a forensic scientist, three police officers and a man who said he was present during the beating.

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Hyson testified that she had gone to Green's Lariat Drive home to pick up Green's girlfriend, Amber Crummitt, 22. Crummitt was going to help her shop for a new car, since Hyson's Honda Accord was about to be repossessed, Hyson said.

Hyson said she, Crummitt, Green and a person she called "Skinny" - later identified as Daniel Herbert, 19 - all smoked marijuana but that she started to get a "funny feeling."

After she stood up to ask Crummitt to leave with her, she was grabbed from behind and the attack began, Hyson testified. She said she tried to scream but was unable to because she'd been choked.

After being thrown into the trunk she eventually was able to press an internal release button and jump out as the car turned around on the Interstate 70 median near Clear Spring, she said.

Several passers-by saw Hyson get out of the trunk.

At Washington County Hospital, Hyson was treated for a dislocated arm. She had scratches and bruises on her face and body, including a large bruise on her back likely caused by a shoe or boot, according to Maryland State Police Trooper Troy E. McDonough.

Hyson said she also required stitches on a wound on her scalp and that she still has a scar on her upper chest from being "knifed."

After Daytona Beach (Fla.) Police Department Officer Mike Stens was called to the stand, a black-and-white video was played that showed an interview he conducted with Green.

Green and Crummitt were arrested in Daytona Beach on July 31, 2002.

During the interview, Green said Hyson picked up a knife and started yelling, asking who took her heroin. He said Daniel Herbert grabbed Hyson. Green said he threw Hyson to the ground and kicked her and then went inside his house.

When he walked outside, Hyson and Herbert were gone, Green said during the interview.

Green said that a little while later he went to Capital Heights, an apartment complex in Martinsburg, and spotted Herbert driving Hyson's car. He said he probably asked about Hyson's whereabouts, but didn't remember what he was told.

Green said during the interview that he went to Florida because he was told he would be shot by police if caught and because he wanted to get as far away as possible.

During her testimony, Hyson said she used heroin from April to July 2002, but has not used any since. Green's attorney, Kevin Mills, repeatedly asked her whether she ever sold heroin, to which Hyson repeatedly replied that she never did.

Although Hyson told police she was hit with a portable yellow car ramp, no blood was found on the ramp, West Virginia State Police Trooper Max Kingery testified.

Hyson's car - another piece of evidence - was found by police in Daytona Beach on Aug. 1, 2002, but was destroyed, Kingery said.

Jason Chute, a forensic scientist with the DNA section of the West Virginia State Police Crime Lab, said blood was found on three pieces of evidence connected to the case.

A black garbage bag found at the crime scene had 39 confirmed spots of blood. Three of the spots were tested and a 100 percent DNA match was made to Hyson, Chute said.

Blood also was found on a towel and tissue seized from inside the car, but matched Crummitt's DNA profile, not Hyson's, Chute said.

Herbert, the last person to testify, said Green approached him at Capital Heights the day of the assault and asked if he wanted to help rob a woman.

Herbert, who is serving a 20-year prison sentence in connection with the case, testified that he was interested in stealing Hyson's drugs, not money.

He alleged that Green threw an object toward Hyson, which he said may have been a tire iron. He also said that all four people were smoking marijuana and taking pills and that he and Hyson used heroin. He testified that he helped Green put Hyson in her car's trunk.

He said all three people rehearsed what they were going to say to police if caught - that Hyson pulled a knife, instigating the assault.

Herbert admitted that he previously lied to police, but told Berkeley County Prosecutor Pamela Games-Neely that he was telling the truth on the stand. His testimony was expected to resume this morning with cross-examination by Mills.

Games-Neely said she expects to rest the state's case today.

A jury of eight men and four women are hearing the case.

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