Late last week, in a pre-trial hearing, defense attorneys presented an unnamed surprise witness who shocked court watchers. The woman, Timmy Turners’ relative, claimed that another man briefly suspected in the crime, Dwayne Shabdue, was in fact the real killer. The reason for the July 4, 2008 incident was unclear, but the witness claimed that Shabdue’s alibi was false.
The witness claimed Shabdue left the residence before she discovered Turner’s body.
Late on Thursday afternoon, counsel for both defense and prosecutors held a hearing regarding defense allegations regarding the new evidence as well as complaints from defense attorneys Matt Hatfield and Trent Redmond that law enforcement had failed to submit several pieces of evidence in a timely fashion. Redmond referred to the alleged problems as a "cavalcade irregularities."
The defense attorneys charged that a long list of evidence from crime scene drawings to forensic reports to 300 pages of information from the West Virginia State Police Crime Lab had not been presented until after the court imposed deadline for discovery evidence to be released to Miller’s counsel.
Assistant Prosecutor Parker Bazzle told Judge Will Thompson that Hatfield had in fact received the evidence, but likely just lost track of it. "It was likely just lost in the shuffle," Bazzle said. He also asked the judge to give prosecutors a continuance so investigators could more thoroughly interview the witness and review the evidence the new witness provided this past week.
Judge Thompson denied Redmond’s motion to dismiss charges against his client due to the perceived irregularities and announced that he plans to move forward with jury selection this week. "As far as I’m concerned, we are going to move forward with this trial," the Judge stated. "Although it’s unlikely that we will have the trial concluded before the Christmas break." Thompson also denied a motion to set bail for Miller while the trial is underway.
Then, early on Monday, the disclosure of a previous association between the presiding judge and one of the witnesses as well as one of the defense attorney’s is expected to cause numerous changes in the case.
Judge Thompson revealed that he had been Shabdue’s defense attorney in 1998 during the Trader Town robbery charges. "This was clearly a conflict of interest on my part and I was under an obligation to inform Mr. Miller of that association. He felt it would be a problem so I recused myself," Judge Thompson said.
Prosecutors presented eight witnesses who they argued would refute all the allegations the defense witness is prepared to make. These witnesses, however, caused a separate and previously unknown problem for the defense.
Of the eight potential witnesses, Hatfield had represented six of them. ‘Matt called the West Virginia State Bar Association and he was told that it was probably best for him to resign from the case," Thompson added. "In a murder case, we are compelled to be as fair to the defendant as possible, so I had no choice but to approve his request."
Lincoln County Circuit Judge Jay Hoke is scheduled to take over for Thompson in the coming days. Judge Hoke will be holding an emergency status hearing in the case today in which defense and prosecutors will plan when to hold the trial. Thompson said he expects the case will not go to trial before the spring of 2010.
Dwayne Shabdue, the man accused by defense attorneys of being the true perpetrator of the crime, has a short but somewhat violent criminal history dating back to 1998, which includes more than one felony conviction.
Shabdue, along with Glen Michael Rice II, were indicted in April 1999 with the October 1998 robbery of the Citgo Trader Town convenience store on Corridor G, south of Danville. Prosecutors believe Shabdue acted as the lookout while Rice committed the actual robbery. The total take in the crime was $75.00.
Shabdue entered a guilty plea to a single count of aggravated robbery and received a 24 month sentence in the Anthony Center for Youthful Offenders. He was released from custody on Oct. 4, 2000.
On July 3, 2007, police believe that Shabdue broke into the Bob White home of Eddie Lee Adams along with Shannon Jett. They are alleged to have stolen three firearms and pawned them at Britton’s Pawn Shop, in Danville.
Shabdue was charged with aggravated robbery, transferring stolen property and being a felon in possession of a firearm. His charges are still pending in Boone County Circuit Court.
In a later offense, Trooper LJ McClung, of the WVSP alleged that Shabdue cashed numerous checks he was believed to have forged on the account of one of his elderly relatives. The suspect was charged with five counts of forgery as well as five separate counts of uttering. These charges are also still pending.
On November 27, 2008, Danville Police were called to the Price Branch home of a relative to check out a 911 hang up call. Witnesses at the time said Shabdue, in the midst of a domestic dispute, threw a knife at his girlfriend. The knife ended up hitting Shabdue’s mother in the hand, injuring her.
On April 3, 2009, Shabdue entered a guilty plea to a misdemeanor charge of domestic battery.
As of press time, the Boone County Sheriff’s Department has yet to charge Shabdue in the death of Timmy Turner. It is unclear at this time if Shabdue will ever face charges in this case.
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