Published: January 13, 2009 11:56 pm      

Hit-and-run death case will likely go to trial in March

Elkins man accused of first-degree murder

FAIRMONT — The case of a man accused of first-degree murder in a hit-and-run death in September will likely go to trial in March, Marion County Prosecutor Patrick Wilson said Tuesday.

Robert James Winning, 19, of Elkins is accused of killing Christopher Williams, who died of severe head trauma from impact Sept. 6 after being hit near the parking lot of U.S. Cellular on Fairmont Avenue between Ninth and 10th streets.

Marion Judge Fred Fox approved several motions Tuesday made by defense attorney Stephen Fitz, including hiring a toxicologist to review samples taken by police on the night of the incident to determine whether Winning was intoxicated at the time.

Fitz said his client was under the influence of alcohol and other prescription drugs that night, and a toxicologist might be able to explain how those drugs might have affected his condition.

Fox also granted a jury view of the scene, which is about 10 blocks from the Marion County Courthouse.

Two law-enforcement officers witnessed the events leading up to Williams’ fatal injuries from the drive-through lane at the McDonald’s next to the scene.

At about 5 a.m. Sept. 6, Deputy A. Lopez of the Marion County Sheriff’s Department was waiting in line at the fast-food restaurant. In front of him in line was Officer D. Stevens of the Fairmont Police Department, Detective Sam Murray testified during Winning’s preliminary hearing in magistrate court in September.

Police said that in the parking lot of U.S. Cellular, a Ford Focus with five passengers parked momentarily, and Winning and Williams had a verbal altercation before Williams exited the car and slammed the door.

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, police 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 indicated 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 this fall.

Deputy Lopez witnessed the accident from his cruiser, turned on his lights and siren and proceeded to follow the Focus. After a brief chase, Winning was apprehended.

The three other passengers in the car at the moment of impact were Winning’s sister, Cheyenne, along with Joshua Strother and James Pudder, and police said all three indicated Robert Winning was the driver at the time of impact.

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