Bond reduction is denied in case
Judge Mark A. Karl ruled in Tyler County Circuit Court Monday that a man accused of using an axe-like weapon in an attempt to break into a home and attack his wife and two children should stay on home confinement, denying release on bond.
On Nov. 6 Jay Gerber, attorney for Howard Paul Shriver, 34, of Shinnston, W.Va., had argued for a bond modification. He said the defendant has not used drugs or alcohol or had any other violations since that point in time. Gerber said Shriver doesn’t know where his ex-wife lives or where the family resides at this point in time, and the whole purpose of the confinement was to protect the public and the victim.
Gerber believes the confinement has placed a financial burden on the defendant. “Due to the nature of these charges, he has been unable to obtain regular employment,” noted Gerber. Also, his father and mother are both ill and his mother has been for the life of this case. He said the defendant has not been able to even pick up odd jobs or go to the store for food or medicine.
At that Nov. 6 hearing Prosecutor D. Luke Furbee argued the defendant should remain on home incarceration and $50,000 bond. He said the safety of the victims was the reason for the home incarceration and the defendant has already violated the conditions once. He also said if the Marion County Sheriff’s Office was not happy, as Gerber asserted, keeping Shriver hooked up after they have been ordered to do so, then maybe they should be in Tyler County Circuit Court to explain.
On Monday Judge Karl asked Prosecutor Furbee if there was anything he would like to tell the court prior to his ruling on the bond modification. Furbee said he had nothing else to say except to reiterate what he had already told the court and that is he is concerned for the safety of the victims.
Attorney John Gainer, who was sitting in for Gerber, told the court he had nothing to say.
Judge Karl then declared he was not inclined to take Shriver off home confinement. He noted Shriver had already broken the rules once and the new trial date has been set for Jan. 5, so he will remain on bond and home confinement.
Prosecutor Furbee asked the court to summons 50 prospective jurors. Karl agreed.
Shriver was indicted on 11 separate counts from the February 2013 term of the grand jury: Count one, attempted malicious wounding; count two, domestic battery; count three, burglary; count four, violation of a protective order; count five, retaliation of a witness; count six, retaliation of a witness; count seven, unlawful restraint; count eight, domestic assault; count nine, domestic assault; count 10, destruction of property; and count 11, attempted murder.