The trial set for Charles Robert Wells, 46, of P.O. Box 53, Proctor, for Aug. 7 was cancelled, thanks to a missing witness.
Wells, along with his counsel, Jeremiah Gardner, appeared in court the afternoon of Aug. 7, where it was determined that Gardner had filed a motion for continuance on Aug. 2. Judge Mark A. Karl stated he would grant the motion, if Wells would agree to waive his right to a speedy trial for the term of court. The matter was reset for trial for Oct. 24, 9 a.m.
From the January 2012 grand jury, Wells received a one-count felony indictment for third-offense domestic battery. He is alleged to have struck his girlfriend in the face with his hand and kicked her in the ribs with his foot on Oct. 24, 2011.
Additionally, from the September 2012 grand jury, Wells was charged with third or subsequent offense domestic battery, as well as battery. It alleges that on July 16 Wells intentionally struck a person in the face by throwing a can of soda or beer at her in New Martinsville. Attorney David C. White is representing Wells in regards to this matter.