Judge Rules On Motions Before Trial
On April 1 Wetzel County Circuit Judge David Hummel Jr. allowed one witness and suppressed one piece of evidence for the trial of Dewayne Ingold, 51 of 16745 County Nine Road, New Matamoras. Ingold is charged with one count of possession of a controlled substance (marijuana) with intent to deliver.
After a bench conference with both attorneys, Judge Hummel upheld a defense motion to suppress the video taped statement of Ingold with New Martinsville Police Detective Donnie Harris.
Prosecutor Tim Haught called to the witness stand Jason Lamp, resident of Wetzel County. Haught explained to the court that Lamp contacted Sergeant Steve Kastigar of the New Martinsville Police Department on July 14 , 2008, and on July 28, 2008, gave a written statement to Kastigar.
Haught asked Lamp, “In your statement you said (Ingold) sold drugs (marijuana) to you.” Haught also told the court from this statement that on July 14 Ingold tried to sell marijuana to Lamp. Lamp told the court, “I did not buy any. I gave up using marijuana.” Haught went on to explain that in Lamp’s statement he saw Ingold selling marijuana in the past.
Attorney Jeremiah Gardner asked Lamp asked about seeing Ingold selling marijuana. Lamp told the court “I was around a few times he was selling it.” “I’ve seen it happen.” Lamp also told the court of how he associated with Ingold in the past.
Judge Hummel brought to the court’s attention that the statement by Lamp submitted by Haught was not given under oath. He reminded Lamp he was still under oath sitting in the witness stand and asked him if his statement given to police on July 28, 2008, was true and accurate with his knowledge. Lamp replied, “Yes.”
Hummel then asked Lamp, “Did you buy any (marijuana) off Ingold?”
Lamp answered, “Yes.”
Judge Hummel brought attention to the court that testifies to prior acts of Ingold.
Hummel ruled that there was a preponderance of evidence that the acts between Ingold and Lamp did occur. He will allow Haught to introduce evidence of prior drug activity in trial.