Courtney S. Powers appeared before Judge Thomas C. Evans III for a pretrial hearing. Powers is accused of attempted murder, malicious assault, DUI causing bodily injury, failure to maintain control and leaving the scene of an accident involving personal injuries.
In August 2008, Powers allegedly struck her boyfriend Joshua Cremeans’ vehicle in the rear as he was driving north on W.Va. 2. The impact caused Cremeans to overturn and ejected him several feet from the car.
Cremeans was seriously injured in the accident and was taken to the hospital by helicopter. Powers was arrested by the West Virginia State Police Oct. 13 and was indicted by the January grand jury.
On Friday, Prosecuting Attorney Damon Morgan Jr. made a motion about keeping the defendant away from the victim, which also was part of her bond conditions. But Cremeans lives in the same house with Powers and testified that he had nowhere else to go, adding that she is caring for him due to his medical condition.
Cremeans is now paralyzed and confined to a wheelchair as a result of the accident.
Morgan argued that the alleged incident was similar to domestic violence because the couple, who at the time was not living together, was dating at the time of the accident.
Powers’ attorney, David Moye, claimed that Cremeans wanted to move in with Powers and had made his own decision.
Because Cremeans was competent to make his decision, Evans denied the state’s motion.
Moye also made a motion about excluding the reconstruction report. Because another trial is set to begin on the same day that Powers’ was set, Moye agreed to have a new trial date set, which would allow his office to bring in independent investigators to investigate the reconstruction report.
A new trial date has been set for July 14.
• Adam Darrell Lester of Apple Grove was sentenced to 30 days in the Western Regional Jail in Barboursville and pay a $100 fine after he pleaded guilty to petit larceny.
His attorney, Jeff Woods, asked that the sentence be suspended and Lester be given probation and if it could be transferred to Illinois, where he is employed. Because the charge is a misdemeanor, the sentence could not be transferred and Evans denied the motion for probation.
Lester was indicted by the September grand jury for burglary, breaking and entering, grand larceny and conspiracy.
• Glenvor Ray Taylor Durst and John Edward Clark, both of Point Pleasant, entered guilty pleas for conspiracy and petit larceny.
On June 4, 2008, Durst, Clark and another person allegedly removed items from property owned by American Electric Power Co. Both men were indicted by the September grand jury for burglary, two counts of conspiracy and petit larceny.
They will be sentenced May 22.