The Times West Virginian

Local News

November 11, 2008

Defense: Witnesses will back Taylor

By Bill Byrd

FAIRMONT — A Randolph County man on trial this week on murder and conspiracy charges stemming from a fatal shooting late on Memorial Day 2007 will call witnesses who will say they didn’t see him at the scene, his defense lawyer said.

The state also doesn’t have any forensic evidence linking Lincoln S. Taylor, 24, of Huttonsville to the shooting of Derrick D. “Lil’ D” Osborne, 22, said defense lawyer Paul J. Harris.

“This is a case about courage and whether this young man has the courage to stand up against the government in a case like this,” Harris said Monday.

Osborne collapsed and died in the backyard of a Highland Drive home after being shot and wounded three times.

The shooting occurred shortly before midnight on May 28, 2007. The trial before Marion Chief Judge David R. Janes will resume Wednesday since the courthouse will be closed today for the Veterans Day holiday.

Harris said in his opening statement that he will call one of Taylor’s old high school girlfriends.

The woman will testify that Taylor was at her house that night. The two had a long friendship based on their common loss of their fathers while they were still in high school, Harris said.

Taylor had erected a cross in honor of her father near Snowshoe. She bought a star on an Internet registry for his father, Harris said.

“They get together on Memorial Day, the evidence is they got together on Father’s Day and they’re friends — and that’s all.”

The state doesn’t have “a shred of forensic evidence,” he said.

“The evidence will be there are no fingerprints in this case ... there are no fingerprints on the (ammo) clip that was found, there are no fingerprints on the shell casings that were found, no fingerprints of Lincoln Taylor’s on any of the evidence in this case,” Harris said.

“There’s no blood evidence ... there’s no blood evidence found in Lincoln Taylor’s vehicle, no ‘bloody footprint’ where the shooting occurred, no blood evidence on any clothing or anything belonging to Lincoln Taylor,” he said.

The defense also has witnesses who will say that Donnell D. Lee, 24, of Martinsburg, one of three other men also charged in the slaying, told them he was the one who shot Osborne, Harris said.

Lee was found guilty by a jury on Aug. 29 of first-degree murder and conspiracy for his role in the murder. The two other co-defendants — Stephen Podolsky, 24, of Randolph County, and Lafayette Y. “Goldy” Jenkins Jr., 25, of Fairmont — have agreed to plead guilty to lesser offenses.

Marion Prosecutor Patrick N. Wilson said Taylor changed after he “failed out” of the U.S. Military Academy at West Point. Taylor had been the valedictorian of his graduating class at Tygarts Valley High School and captain of the football team.

Taylor then enrolled at Fairmont State University, but he got into the drug culture, the prosecutor said. He was running with “drug dealers, thieves, burglars and murderers.”

“He’s counting on the fact that you’re going to think he doesn’t belong to that group” of criminals, Wilson said.

“It won’t wash when you hear the testimony. He was involved with them, he knew it, he conspired with them, and it’s too late, too late, for him to try and distance himself at this point.”

Calling Taylor an “assassin” who drew on his military training to execute Osborne, Wilson said a lengthy police investigation unraveled the mystery behind his murder.

Taylor and Podolsky, a longtime friend, began selling drugs in Randolph County. They got the drugs from Lee and Jenkins in Fairmont.

When Osborne came to Fairmont from Columbia, S.C., in late 2006 or early 2007, he and Lee were friends at first, Wilson said. The two men and their girlfriends lived together in the same Highland Drive apartment for a while. Osborne, a gang member, was also selling drugs.

“That friendship was fairly short lived,” Wilson said. The dispute grew to where Lee and Jenkins wanted Osborne killed.

The evidence is that they enlisted Taylor to do the killing, Wilson said.

“They talked about and planned how ... to get Osborne out of the picture,” he said.

Taylor had a need “to prove himself ... and to show he was tough,” and he agreed to do the shooting. Taylor also owed Jenkins money for drugs, the prosecutor said.

Wilson said Taylor’s alibi defense “flies in the face of evidence.” Even if Lee was at the scene, it won’t take away Taylor’s responsibility, Wilson said.

His old high school girlfriend didn’t come forward until November 2007, he said.

“You know, Taylor was arrested in July of ‘07 ... you weigh the credibility of that” of her alibi statement coming at a point when all four defendants had seen the evidence which police had gathered, he said.

E-mail Bill Byrd at bbyrd@timeswv.com.

Text Only
Local News
  • Therepy Dog -ts.jpg A brighter day

    Sitting on a pink polka blanket with pink bows tied around her ears, Pebbles the Cavalier King Charles Spaniel brightens up the day of a patient at the Arbors at Fairmont nursing home.
    “I always had a dog,” said Max — who preferred that his last name not be used — to Pebbles’ human, Sharon Spevock.

    February 9, 2012 1 Photo

  • ‘New heights’ NASA’s mission

    The NASA Independent Verification & Validation Facility in Fairmont has accomplished a lot over the years, but also has a long way to go, said Gregory Blaney.
    Partnerships will allow the agency to continue to move forward.

    February 9, 2012

  • Man indicted on 14 counts of sexual abuse

    A Mannington man has been indicted by the Marion County grand jury on 14 counts of sexual abuse.
    James Edward Carpenter, 34, of 100 Parkview Drive, Apt. 101, Mannington, is charged with four counts of first-degree sexual abuse and 10 counts of sexual abuse by parent, guardian or custodian.

    February 9, 2012

  • BB&T to remain a part of Farmington community

    Thanks to community members who made their voices heard, the BB&T branch in Farmington is staying open for business.
    The office was full of excitement and hugs Wednesday as employees and community members celebrated the news that this location will continue to service clients.

    February 9, 2012

  • Expanded airport hangar space sought

    Benedum Airport Authority members representing Marion and Harrison counties met Wednesday at the North Central West Virginia Airport for their monthly meeting to discuss plans to build and expand hangar availability.

    February 9, 2012

  • FSHS student works to start scholarship fund

    A bright smile on Kelly Horton’s face could have fooled anyone on Wednesday morning.
    In front of the Marion County Commission, the Fairmont Senior High School junior kept a strong composure as she explained why she needed help with her senior project.

    February 9, 2012

  • Marion co 911--DS.jpg It’s an emergency

    A Dalmatian was on a mission. And he was in a hurry.
    In a fire truck, the Dalmatian, Patches, rushed into Monongah Elementary on Tuesday morning while students looked on in amusement.

    February 8, 2012 1 Photo

  • MCVB and MCPARC OPENING -TS.jpg CVB, MCPARC moving to new homes

    The Convention & Visitors Bureau of Marion County and the Marion County Parks and Recreation Commission are excited to have a new place to call home.
    On Monday, both organizations began simultaneously moving into their new offices in the visitor center building directly off Interstate 79 Exit 136 at 1000 Cole St., Pleasant Valley.

    February 8, 2012 1 Photo

  • Ministers Run still looking for local control

    Following two meetings in different locations Tuesday, the Ministers Run Water Association is still looking for a way to keep its utility in local hands.
    Last week, the state Public Service Commission held a hearing in Grant Town.

    February 8, 2012

  • Man indicted for forgery, uttering, other crimes

    A Fairmont man charged with forgery, uttering and other crimes is one of 23 people named in indictments handed down by the Marion County Grand Jury in its second day of deliberations Tuesday.
    Jeremy Nathan Ferraro, 31, Fairmont, was indicted on forgery; uttering; obtaining money, property or services by false pretenses; and domestic battery, third offense.

    February 8, 2012