Trial delayed for men charged in Falling Waters woman's slaying

April 17, 2012|By MATTHEW UMSTEAD |
  • Stitley

MARTINSBURG, W.Va. — The trial for two men charged in the May 2011 death of the mother of one of the men was postponed Monday because DNA evidence had yet to be reviewed by the defendants’ attorneys.

The trial for Joshua L. Stitley, 33, of Hancock, and Roy L. Wisotzkey, 34, of Hagerstown, was rescheduled for Oct. 9 by presiding 23rd Judicial Circuit Judge Christopher C. Wilkes.

Aside from the evidentiary issue, Berkeley County Prosecuting Attorney Pamela Games-Neely also told Wilkes that one of her main witnesses was not available until September.

After Monday’s hearing, Games-Neely said DNA evidence in the case recently was returned from the West Virginia State Police crime laboratory and the needed witness was out of town for work-related reasons.

Stitley and Wisotzkey were indicted in October 2011 on several counts in connection with the death of Vickie E. Clem of Falling Waters, W.Va.

The counts include murder, felony murder, attempted murder, malicious assault, burglary, conspiracy, two counts of assault during the commission of a felony and two counts of first-degree robbery.

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.

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

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

The continuance of the trial was jointly requested by attorneys Robert C. Stone Jr. and Christopher Prezioso, who are representing Stitley and Wisotzkey, respectively. Games-Neely did not object.

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