Two major cases involving a murder and a brutal home invasion were scheduled for preliminary evidentiary hearings, however it took all morning for the cases to be waived upstairs to circuit court for trials due to delays from the attorneys.
Jeffrey Roy Finley, 40, of West Logan, was arrested on Aug. 11 by the West Virginia State Police on murder charges. Earlier that day, the body of Finley's wife was found by police which later lead to Finley being arrested. Finley allegedly "did shoot the victim, Lynn Finley ... in the head with a handgun at their home" and instructed his daughter, a juvenile, to assist in removing the body of the victim from the residence according to police reports.
Finley's evidentiary hearing was scheduled for 9:30 a.m., however it was over an hour late. Troopers R. Frye and P.J. Dick had shown up to testify in the hearing but were dismissed when Finley's attorney Mark Hobbs waived the preliminary hearing.
Prior to the court actions beginning, Hobbs discussed two recorded statements with Assistant Prosecutor Robert Ilderton which are in the possession of the West Virginia State Police, one from his client and one from Finley's daughter. When the hearing convened Hobbs told Magistrate Lane that in exchange for rapid discovery evidence being shared with the defense, Finley was willing to allow the preliminary hearing to be waived.
By waiving the preliminary hearing Finley's case will be transferred upstairs to circuit court for the grand jury to decide on a trial. Hobbs noted that Judge Roger Perry had denied Finley's motion for bond after he had been arraigned.
Another delay ensued when a preliminary hearing which was set for 10 a.m. on the home invasion case of the state vs. Ricky Von Raines II.
Raines, 36, of Mt. Gay, was arrested by Tpr. T.W. Tippett of the West Virginia State Police for aggravated robbery, burglary, assault during the commission of a felony, malicious wounding and conspiracy on Aug. 8, along with Timmy Allen Lambert, 30, of Chapmanville, who was charged with aggravated robbery, burglary assault during commission of a felony and malicious wounding and Jessica Lee Raines, a.k.a. Jessica Adams, 27, of Logan, who was charged with conspiracy to commit a felony on Aug. 9.
According to police reports Raines "did conspire with two co-defendants to burglarize the residence of the victims." Raines allegedly entered the victim's residence accompanied by Lambert and reportedly tied the 60 year old woman up during the commission of a robbery. When they left they allegedly pistol-whipped the victim who later received 15 staples to her head for the injuries she sustained.
Mark Hobbs said he had represented Ricky Raines in the past and, told Magistrate Lane that he had been scheduled to have an 11 a.m. hearing at Family Court for an out-of-state client which could not be delayed. When Lane asked Hobbs if he wished to reschedule, Hobbs said he might be able to have the hearing following his family court appearance as he thought Raines would waive his preliminary hearing too. Robert Ilderton noted the hearing was originally set for 10 a.m. which had come and gone by that point.
At 11:48 a.m. Raines entered the courtroom, which was filled with relatives of the victim and reporters. Magistrate Lane admonished the family members advising them to not say anything or have any emotional outbursts. Hobbs said earlier that some of the witnesses had exchanged comments to Raines in the hallway.
Hobbs said Raines would waive the hearing in exchange for discovery evidence in regards to statements given during a hearing of Raines' co-defendant Timmy Lambert, who had a preliminary hearing earlier on Wednesday. Hobbs pointed out that his client should have had a hearing three days earlier as by law a hearing is supposed to come within 10 days of arrest and arraignment. Raines told Lane he understood his case would be transferred upstairs to magistrate court.
Lane was the only magistrate on duty this week as both Leonard Codispoti and Dwight Williamson were in Morgantown doing work related trainings. During the delays Lane tried to get other work done, however there was none scheduled for the morning. Both Kara Bragg and Sheridan Bartram who had been arrested earlier in the week on other charges were still in jail as a hold had been placed on both of them, in effect denying bond.






