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Judge allows malicious wounding charge against former Martinsburg councilman

August 21, 2008|By MATTHEW UMSTEAD

MARTINSBURG, W.Va. -- A Berkeley County magistrate on Wednesday found probable cause to allow a malicious wounding charge filed in April 2008 against a former Martinsburg city councilman to be prosecuted in the state's trial court system.

Magistrate Jim Humphrey announced his decision in the state's case against Glenville L. Twigg after hearing testimony from three witnesses, including the alleged victim, Tammy Snow.

Snow recounted how she was struck twice with a wooden club by the former Ward IV city councilman in a confrontation at his now-former business at 110 Centre St., in Martinsburg on April 24.

Twigg, 62, did not take the witness stand after consulting with his attorney, Paul G. Taylor, who argued that the state's evidence presented by Assistant Prosecuting Attorney Timothy D. Helman "at most proved a battery," not malicious wounding.

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"She created a confrontation and she got a confrontation," Taylor said of the argument between Twigg and Snow that apparently happened just before his client allegedly struck her in the head and side at Twiggy's Subs & Convenience.

Snow testified that she received six stitches for the head wound and the side of her torso was bruised.

"I was covered in blood," Snow said.

Snow said she went to the store to talk to Twigg about why he supposedly called her adult-age sons "drug addicts" and "bums" while they were attempting to purchase food with a food stamp debit card.

The electronic transaction was not approved because of a mix-up with the card PIN number, Snow said.

After calling Twigg on the phone, Snow said he told her to come to the store if she wanted to discuss what happened with her sons.

A former store employee testified that Snow was "talking with her hands" when she struck a candy jar on the counter as she talked with Twigg about what happened and was not threatening toward him.

"She was trying to get away from him as he hit her," Amie Edwards said.

Edwards said Twigg wanted her to be his witness and tell authorities that she attacked him first, a detail she admitted Wednesday that she didn't tell investigating Martinsburg Police Department Patrolman D.L. English.

English testified that Twigg was the only person who told police that Snow threatened the defendant.

With the case now bound over to Berkeley County Circuit Court, Twigg now could be indicted by a grand jury upon presentation of state's evidence by Prosecuting Attorney Pamela Jean Games-Neely's office.

Twigg finished last among Council-At-Large candidates in the city's municipal election in June 2008. He was on Martinsburg City Council for 14 years when he was defeated in 2004 by four votes.

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