UPDATE: Man Charged With Malicious Assault Instead of Murder in Death of 82-Year-OldPosted: Mar 06, 2015 4:09 PM ESTUpdated: Jun 18, 2015 11:30 AM EDTBy Alex Hines, Lewis, Gilmer, Barbour and Randolph County ReporterCONNECT
Randall Warner LEWIS COUNTY -UPDATE (6/18 at 11 a.m.):
Randall Warner appeared in court this morning in Lewis County after the 2013 death of George Hess.
Warner was originally arraigned on a murder charge. He is accused of assaulting Hess, 82, of Weston, in November 2013. Hess died a month later.
According to the court, one of the reasons he was charged with murder originally is because the medical examiner thought there was a witness other than Hess himself. When the examiner found out there was no witness, he went back to the state and said he would hesitate to call it a murder because Hess had some injuries prior to the incident.
Also, Hess never gave a statement incriminating Warner, according to the court. Because of the lack of witnesses, the lack of a statement and the fact that Hess had preexisting injuries, the state said the murder case was weak.
Warner also told the court that he was drunk when the assault happened, and that he doesn't remember anything. The court also considered that Warner and Hess had been drinking buddies for some time.
Instead of charging Warner with murder, the state decided to lower the charge to malicious assault.
Warner pleaded guilty to malicious assault and will be sentenced on August 13 at 1 p.m. UPDATE (4/17 at 4:30 p.m.): A Lewis County man charged with murder appeared in court Friday morning.
Randall Warner appeared with his lawyers to ask for permission to hire an expert witness.
Warner is accused of assaulting George Hess in Weston in late 2013. Hess died a month later.
Warner's lawyers said Hess was already suffering from other medical conditions, and Hess may have succumbed to those conditions. ORIGINAL:
A Lewis County man accused of murdering an elderly man was in court Friday morning.
Judge Jake Reger arraigned Randall Warner on a murder charge. Warner is accused of assaulting George Hess, 82, of Weston, in November 2013. Hess died a month later due to injuries sustained during the assault.