The Times West Virginian

May 3, 2013

Attorney loses bid to have case dismissed

By Debra Minor Wilson
Times West Virginian

FAIRMONT — Stephen Sean Murphy, the Morgantown attorney charged with felony malicious assault after allegedly attacking another attorney in January at the Marion County Courthouse, has lost his bid to have his case dismissed.

For 90 minutes Thursday afternoon, Special Prosecutor Michael Parker of Elkins and defense attorney Paul Harris of Wheeling presented their cases to Marion County Magistrate Hank Middlemas.

In the end, Middlemas deemed there was probable cause that Murphy had committed the offense against attorney Scott Radman and forwarded the case to the Marion County grand jury.

That attack on Jan. 22 sent Radman to Ruby Memorial Hospital with a broken nose and two broken occipital bones.

Parker and Harris agreed that Murphy was found standing over Radman’s prone, motionless figure on the floor in front of the elevator on the fourth floor of the J. Harper Meredith Building, which is the crossover to the courthouse; that Radman was taken by ambulance to Ruby Memorial Hospital; and that Murphy suffered some injuries, including a cut on his forehead and an abrasion on the back of his neck.

Other details — including who started the fight and why and how — remained unresolved.

Marion County sherriff’s deputies Kevin Alkire and Chip Phillips testified that after Murphy was taken into custody, he declined Miranda rights and asked if “that little (expletive) was going to die,” referring to Radman.


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