Trial date set for men charged in W.Va. slaying

Joshua L. Stitley and Roy L. Wisotzkey were arraigned this week on numerous charges

November 03, 2011|By MATTHEW UMSTEAD |
  • Joshua L. Stitley of Hancock and Roy L. Wisotzkey of Hagerstown are charged in the death of a Falling Waters, W.Va., woman and the stabbing of her husband.
West Virginia Regional Jail and Correctional Facility Authority

MARTINSBURG, W.Va. — The trial for two men charged in the death of Vickie E. Clem is scheduled for May 1.  

Joshua L. Stitley, 33, of Hancock and Roy L. Wisotzkey, 34, of Hagerstown, were arraigned this week by 23rd Judicial Circuit Judge Christopher C. Wilkes on counts of murder, felony murder, attempted murder, malicious assault, burglary, conspiracy and two counts of assault during the commission of a felony and two counts of first-degree robbery.

The charges were contained in an indictment returned by a grand jury, which was seated for the October term of circuit court in Berkeley County.

Stitley, Clem's son, also was indicted on counts of fleeing while driving under the influence from a law-enforcement officer and fraudulent use of an access device, according to the indictments.

Both men are being held in jail without bond. Attorneys Robert C. Stone Jr. and Prezioso are representing Stitley and Wisotzkey, respectively.

In addition to being accused of Clem's death, the defendants allegedly stabbed her husband at the couple's Falling Waters, W.Va., area home at 81 Vinca Lane in Potomac Heights subdivision, police have said.

The men intended to burglarize the house, and Vickie Clem was struck with a baseball bat and stabbed with a knife, according to court documents.

In another homicide case, Wilkes on Monday was unable to arraign a man charged in the March 6 shooting death of 26-year-old Geronimo Garcia-Cruz because the defendant is in federal custody, officials said.

Jonathan F. Bennett, 40, was indicted last month on single counts of murder and felony murder, conspiracy, malicious assault, assault during the commission of felony and three counts of first-degree attempted robbery, according to the indictment.

Bennett, of Charlottesville, Va., is accused of shooting Garcia-Cruz of Winchester, Va., at Suncrest Apartments south of Martinsburg in an attempt to rob him and two other men.

Bennett, aka "Water," was sentenced to 30 months in prison in U.S. District Court in Martinsburg after he pleaded guilty to one count of distribution of crack cocaine, according to court documents.

Games-Neely said her office will ask federal authorities to allow Bennett to be transferred to state's custody to be prosecuted for the murder of Garcia-Cruz and related charges.

The prosecution of Bennett might have to wait until he serves his federal sentence, Games-Neely said.

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