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Grand jury indicts two W.Va. men in in two fatal DUI cases

May 18, 2010|By MATTHEW UMSTEAD

MARTINSBURG, W.Va. --A grand jury convened this week for the beginning of the May term of circuit court in Berkeley County indicted 32 people Tuesday, including two men charged with causing the death of two motorists, according to Prosecuting Attorney Pamela J. Games-Neely's office.

Jeffrey Wayne McKinney, 37, of 126 Ramblin Rose Lane, Martinsburg, was indicted on one count of DUI causing death and failure to yield in a March 18 accident.

Mary Frances Punt, 57, of Hagerstown, died at the scene of the collision at the intersection of U.S. 11 and Berkeley Station Road, police have said.

Earlier this month, a magistrate found probable cause to allow the state to proceed with its case against McKinney, who admitted to consuming five or six beers at a nearby bar, police have said. McKinney was not injured, according to police.

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Punt was returning north on U.S. 11 to Hagerstown from Inwood, W.Va., where she was attending a church function when the accident happened about 11:30 p.m., police have said.

In the second fatal DUI case, Stuart A. Woodling, 32, of 3137 Shirley Road, Charles Town, W.Va., was indicted on one count of DUI causing death and one count of DUI causing injury, according to Games-Neely's office.

On Oct. 13, 2009, James W. Shell, 59, was pronounced dead at the scene of a collision in the 2600 block of Middleway Pike (W.Va. 51) at about 4:15 a.m., police have said.

Mark S. Geaghan, a passenger in Shell's vehicle, was injured, police have said.

Police have said Woodling appeared to be intoxicated and testing later showed that the defendant had a blood-alcohol concentration of .202, above the legal limit of .08. Woodling was treated for minor injuries, police have said.

An indictment reflects the grand jury's conclusion that the accused probably committed the crime or crimes in question, but it is not evidence of guilt.

The grand jury is expected to reconvene today to consider additional indictments, according to Games-Neely's office.

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