Howard P. Shriver, 34, of Shinnston, was once again given the opportunity to bail out of jail, albeit on home monitoring confinement.
The defendant, who is facing an 11-count indictment alleging he used an axe-like weapon in an attempt to break into a home an attack his wife and two children, appeared before Judge Mark A. Karl on Thursday with his attorney, Jay Gerber.
Indicted by the February 2012 grand jury, Shriver was last in court on March 31 to address a few motions-including one to reinstate Shriver's bond. Earlier this year he had been released on bail, however it was shortly revoked for allegedly driving by his wife's home on two occasions after his release. Shriver's attorney had argued that it wasn't his client's fault because he was not in control of the car. He said Shriver's father was driving the vehicle, so he couldn't be held responsible.
"As I indicated on Monday these are bailable offenses, he is entitled to bond," noted Karl. "What is the state's recommendation as to the bond?"
Prosecutor Luke Furbee said, "Your honor, the state would begin with recommending home monitoring confinement and the state would recommend the court establish the bail in the amount of $100,000 surety."
Karl then asked Gerber what he felt the bond should be. Gerber stated he felt the defendant would not have a problem with $50,000 cash/surety and home confinement.
He then said he would set bond at $100,000 cash/surety or professional bondsman.
Karl said, "At the last appearance on Monday, Mr. Gerber made an argument that the automobile was in control of Otto Shriver, who is apparently Howard Paul Shriver's father". "Mr. (Otto) Shriver stand up, now I'm going to tell you here in court. If I have a problem with you, you are going to have a lot of problems with me. You pull something cute again like going by Mrs. Shriver's house now or the former residence, I will have you in an adjourning cell with him. You hear me?"
Otto Shriver answered, "Yes sir," then asked, "May I speak sir?"
Judge Karl said he could not. "You do what I tell you, when I talk you don't talk," said the judge. "Now whenever you bring him to court you take him straight home. You don't go by Mrs. Shriver's former home or present home, you hear me?" (Shriver answered in the affirmative.) "Again if I have a problem with you, you will have a lot of problems with me," assured Karl.
The judge then addressed the defendant, Howard Paul Shriver, "If you make bond, you stay away from your wife, you hear me?"
Karl also addressed a motion filed by Gerber to allow time to obtain certain medical records and treatment records from three different facilities where the victim may have been treated.
The judge said he would place an order to each facility to release the records to him personally. One would order would go to Wellspring, another to Ritchie County Primary Care, and another to Blancefield Army Community Hospital in Fort Campbell, Ky.
A return date of May 1 was set and Shriver was remanded back to jail.