Published: September 19, 2008 02:49 am      

Deputy eye witness

Winning’s case sent to grand jury in hit-and-run leading to death

FAIRMONT — A sheriff’s deputy in the drive-through lane of a fast-food restaurant was an eye witness to a hit-and-run accident, a detective’s testimony in the preliminary hearing of the man charged with first-degree murder revealed Thursday morning.

Robert James Winning, 19, of Elkins is charged with the first-degree murder of Christopher Williams, who died at 1:10 p.m. Saturday, Sept. 6, at Ruby Memorial Hospital after suffering severe head trauma from the impact, Detective Sam Murray of the Fairmont Police Department said during Winning’s preliminary hearing before Magistrate Missy Pride Linger. Murray was the only witness during the hearing.

At about 5 a.m. Sept. 6, Deputy A. Lopez of the Marion County Sheriff’s Department was waiting in line at the McDonald’s between 9th and 10th streets on Fairmont Avenue. In front of him in line was Officer D. Stevens of the Fairmont Police Department, Murray testified.

In the parking lot of U.S. Cellular, a Ford Focus with five passengers parked momentarily, the detective said. Winning and Williams had a verbal altercation and Williams “exited (the car) in a hurried fashion and slammed the door,” Murray said.

The Focus accelerated in the parking lot and hit parking bumpers between the lot and the sidewalk, which caused the car to go airborne before striking the victim, he said. The victim as well as the contents of his pockets and bandages from a previous injury were found up to 75 feet from the point of impact on the Fairmont Avenue sidewalk.

Damage to the car indicates that the point of contact was the front bumper on the passenger side of the Focus, but there was also damage to the hood of the car and the windshield, Murray said.

Deputy Lopez witnessed the accident from his cruiser, turned on his lights and siren and proceeded to follow the Focus, which accelerated down Fairmont Avenue following the impact, made a right turn onto 7th Avenue, another right turn onto Gaston Avenue and stopped in the parking lot behind the VFW Post 629. At that point, Winning left the car and fled from officers on foot. He was later apprehended by Officer Stevens, Murray said.

The three other passengers in the car at the moment of impact were Winning’s sister, Cheyenne, Joshua Strother and James Pudder. Murray said the three indicated that Winning was the driver of the car in their written statements to police on scene.

Winning initially denied being the driver during an audiotaped interrogation, Murray said, and claimed that a man named “Jay” was driving the vehicle that hit Williams. Eventually he admitted to being behind the wheel of the Focus when Williams was struck and said that the victim was being “ignorant” and had made sexual advances toward his sister prior to the verbal altercation in the car.

A breath blood alcohol content test was administered to Winning, but Murray did not say Thursday whether Winning was considered legally drunk at the time of the impact. The detective did say that the five passengers of the Focus had been at a get-together earlier in the evening and that Winning and Williams only briefly knew each other before his death.

Winning was initially charged with attempted murder, but following Williams’ death on Saturday afternoon, the charges were amended to first-degree murder.

Winning was escorted into Pride’s courtroom in shackles and the prison-issued orange jumpsuit from the North Central Regional Jail in Doddridge County. In cases where a defendant is charged with a crime that carries a possible penalty of life in prison, bail cannot be set by a magistrate and must be considered by a circuit court judge.

On Thursday, Linger found there was sufficient probable cause to forward Winning’s case to the next session of the Marion County grand jury. The next session is set for October.

To family members in the courtroom, Winning said “everything is going to be OK,” as the police escort reattached his handcuffs.

Winning is being represented by defense attorney Stephen Fitz.

At the time of the incident, Winning was enrolled at Fairmont State University.

E-mail Misty Poe at mpoe@timeswv.com.