Lawyer's murder trial begins

STAFF WRITER

After a year of delays due to everything from attorney changes to the weather, the murder trial of a Williamson, W.Va. attorney began yesterday in Pike County Circuit Court.

Lafe P. “Dee” Ward Jr., 48, is charged with murder in connection with the two-car wreck that killed Benita “Wirleen” Dixon, 39, of Varney, W.Va. on Jan. 10, 2006 on U.S. 119 in Goody.

A jury was seated and opening arguments began in mid-afternoon as Commonwealth's Attorney Rick Bartley told jurors that while Dixon was working at the South Williamson Wal-Mart that day, Ward was also working in his Williamson office and drinking either gin and tonic or vodka and tonic in the process. Bartley said that as Dixon prepared to leave the supercenter to return videotapes and get a bite to eat on her lunch hour, Ward left his office and traveled to the South Williamson CVS Pharmacy to pick up two prescriptions - Ambien and Darvocet - before heading to the South Williamson Food City pharmacy to fill prescriptions for Lithium, Paxil, Valium and a brand of heart medication.

Upon completing his business at Food City, Bartley told jurors that Ward got into his Lincoln Aviator and headed back to Williamson and in the process ran a red light at the Wal-Mart/South Side Mall intersection, hitting the 2000 Toyota Camry driven by Dixon in the driver's side. Bartley told jurors that Ward did not stop after hitting Dixon, traveling another 500 feet before stopping.

Bartley said that Dixon was flown by helicopter to St. Mary's Hospital in Huntington, W.Va. He said emergency personnel lost her pulse during the flight and attempts to save her at the hospital failed.

Bartley went on to say that Ward submitted to a field sobriety test at the scene of the accident and allegedly admitted to drinking before leaving his office. Bartley said that blood tests showed Ward had a variety of prescription medications in his system and his blood alcohol level was .13. He added that Ward had already taken three and a half of the Darvocet tablets he had just picked up at the Food City pharmacy.

Defense Attorney David Friedman told the juror that the defense agrees that Dixon and fellow employee Lisa Bryant, 35, of Belfry left the Wal-Mart supercenter between 5:30 p.m. and 5:45 p.m. on Jan. 10 and that Ward was driving the vehicle that hit Dixon's.

“There's not a whole lot of question about that,” Friedman said. “He was at fault - no question.”

Friedman said where the question lies is of what is Ward guilty? He told the jurors that Ward was not going “anywhere bad,” only going to pick up prescriptions “to help him cope” and said after getting the prescriptions Ward was “just heading home.”

“He missed a stop light. He had an accident,” Friedman said, adding that among other ailments, Ward suffers from bipolar disorder and that all of the medications were properly prescribed.

Friedman further stated that Ward did not behave wantonly or with reckless disregard because he showed concern for the other people involved in the wreck. He said Dixon did nothing wrong that day and the results of the wreck were “tragic repercussions.”

Following opening arguments, Bartley presented six witnesses, including Dixon's husband, Greg Dixon, who testified as to his wife's employment and the fact that he had just returned home from work himself when he received a telephone call about the wreck, and motorists who were either stopped at the red light when the wreck occurred or were behind Ward as he left the Food City parking lot. The jurors also heard from a Williamson Appalachian Regional Hospital lab technician who drew the blood sample from Ward and a woman who administered aid to Ward following the wreck.

ARH medical laboratory technician Amy Ward (no relation to the defendant) testified that drew the blood sample from Ward in the ARH emergency room later that evening. Ward said that Dee Ward was seated in an ER chair, did not sway or nod off and was fully cooperative during the taking of the sample, although she said she could tell he was nervous.

The final prosecutorial witness of the day was former paramedic Sheila Ball. Ball, a Huddy resident, said she was standing in the Wal-Mart parking lot when she heard a loud noise. Ball testified that she did not see the crash, but saw what she thought was a Ford Explorer coming down the road. Ball said that she originally thought the accident was a hit and run, but then saw the driver of the SUV slumped over the steering wheel.

Ball said she walked up the hill to where Ward had stopped and pecked on the passenger side window. She said Ward put down the window and a lot of smoke came from inside the vehicle. Ball said she was unsure as to whether the smoke was from the air bag or if the vehicle was on fire.

Ball said that Ward was “very addled” and asked her if he had hit someone. Ball said she reached inside the vehicle, turned it off and then made her way around to the driver's side. She testified that Ward wanted to get out of the vehicle, so she helped him. Ball said Ward “kinda staggered” as she helped him out of the way of traffic.

Ball continued by saying that Ward had no obvious signs of injury, that he was just disoriented and repeatedly asked about the other people involved in the wreck. Ball said she did not see him take any medication before emergency personnel took over and wheeled him to an ambulance waiting at the intersection.

On cross examination, Ball said that both airbags had deployed and groceries as well as a drink had spilled inside Ward's SUV. Ball said she helped Ward remove his seatbelt, cleaned his glasses for him and did not smell alcohol on him nor inside the car.

Testimony is scheduled to continue this morning and the trial is expected to last until Thursday.