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Hearing postponement requested for Martinsburg man charged with DUI in fatal crashI

October 08, 2008|By MATTHEW UMSTEAD

MARTINSBURG, W.Va. - A Martinsburg man charged with causing the death of an elderly Virginia couple in August on Interstate 81 had a level of alcohol in his blood that was well above the state legal limit, according to court records.

In a brief court appearance Tuesday, Troy Steven Bean, 40, agreed to allow his court-appointed defense attorney to request more time to prepare for a preliminary hearing in Berkeley County Magistrate Court.

Bean, of 435 Gantt Drive, Martinsburg, is charged with two felony counts of DUI causing death and misdemeanor counts of DUI with injury, DUI second offense, driving revoked for DUI and failure to maintain control.

Incarcerated at Eastern Regional Jail on a $65,100 bond, Bean appeared before Magistrate Jim Humphrey on Tuesday wearing blue braces on both hands and forearms. He used a two-wheeled walker to apparently maintain his balance before sitting down.

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Bean's attorney, John Adams, told Humphrey that he needed more time to investigate what he described as "serious" charges filed against Bean.

West Virginia State Police Trooper J.D. Schuessler said in her complaint that Bean's level of intoxication after the Aug. 14 accident was .214 blood alcohol content (BAC). The legal limit is .08.

Howard Diamond, 80, and his wife, Nancy A. Diamond, 70, of Locust Grove, Va., in Orange County, were traveling south on I-81 when their vehicle was struck head-on by a Ford F-150 pickup truck, police said.

The Diamonds were pronounced dead at the scene of the collision, which happened at about 9 a.m. between exits 14 (Dry Run Road) and 16 (W.Va. 9), police said.

At the accident scene, state police found beer cans on the ground around the defendant and in the vehicle he was driving. Along with his driver's license, police found several membership cards to at least one alcohol-serving establishment.

Bean was flown from City Hospital to Inova Fairfax Hospital in Falls Church, Va., for treatment of injuries and after treatment was taken to Eastern Regional Jail on Sept. 27, police said.

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