The Times West Virginian

Local News

November 19, 2008

Murder trial emotions run high

From witnesses close to both victim, defendant

FAIRMONT — Witnesses close to the victim and the accused in the trial of a Randolph County man charged with being the shooter in a drug-related murder conspiracy in Fairmont were overcome by emotion Tuesday.

Testimony from witnesses for the defense in the trial of Lincoln S. Taylor, 24, of Huttonsville and the state is expected to be finished today, Marion Chief Judge David R. Janes told the jury before it went home Tuesday.

Taylor is one of four men charged with first-degree murder and conspiracy in the Memorial Day 2007 slaying of Derrick D. “Lil’ D” Osborne, 22. Two of Taylor’s co-defendants agreed to plead guilty earlier this year to lesser charges, while a third man, Donnell D. “Nels” Lee, 24, was found guilty of first-degree murder and conspiracy at a trial in August.

Osborne was shot and wounded three times shortly before midnight on May 28, 2007. The shooting occurred on Highland Drive in Bellview.

Paul J. Harris, Taylor’s defense lawyer, called more than a dozen witnesses Tuesday, including the mother of an old girlfriend of Taylor’s. The girlfriend will testify that Taylor was with her at her home in Buckhannon on the night of the murder, Harris has told the jury of eight women and four men.

Harris also called Chandra Ross, Osborne’s girlfriend. He asked her whether, according to some reports, she was outside her apartment when he was shot. Harris also asked her why her keys were found outside and why police found a revolver pistol stuffed between a mattress and box springs when they made an initial search of the apartment.

Ross said Osborne and Lee were “best friends.” She said Jenkins, who testified Monday, didn’t like Osborne, although she said she didn’t know the reason. Lee had moved out unexpectedly, something she blames on Jenkins, she said.

Ross remembers she “was half-asleep ... I heard gunshots.” She went to her kitchen and “got two butcher knives.”

“I stood in front of my son’s bed and waited for cop lights,” she said.

When police knocked on her door, “they asked what I had heard,” she said. “I said guns.”

She denied that when police first asked her if she knew Osborne, she had denied knowing him. Osborne had collapsed and died after running a short distance to a neighbor’s backyard.

She said police then returned and said they had a match between the victim’s cell phone screensaver and a sticker they had found on a car parked near her apartment.

Ross said she told police “her friend” or Osborne, had a cell phone with a screensaver similar to the car sticker.

She admitted she first told police that night that she had dropped the keys outside. She must have dropped them earlier that night when she returned from doing laundry, she said. She heard some noises in the bushes, became scared and went into the apartment, according to an investigative report cited by Harris.

But the next morning, Ross told the jury, she told police she was mistaken. She was in shock and confused just after learning that Osborne had been killed, she said.

“I didn’t know what had happened. I told them I didn’t drop the keys ... ‘D’ had my keys because he was driving my car” that night, she said. He must have dropped them when he was shot, she indicated.

As Harris asked her about those initial moments, including reports that police had threatened her that if she wasn’t telling the truth, she could be charged with a crime, Ross became tearful.

“I am a victim. He (Osborne) was my friend. I haven’t done anything wrong,” she said.

“I have nothing to hide.” She said the gun was Osborne’s and that she had told him several weeks before to “remove it from my house.” She didn’t know it was under the mattress, she said.

She also denied knowing that Osborne was selling drugs.

As Ross continued her testimony, Jerry Osborne, Osborne’s father, let out a loud sob. The elder Osborne, his mother-in-law and another female relative have been watching the trial in the gallery.

Still crying, Jerry Osborne left the courtroom. He returned after a break ordered by Janes. With his composure restored, the elder Osborne continued to listen to the testimony.

Rebecca Sharp, of Mingo, Randolph County, the mother of Taylor’s second girlfriend, testified her daughter and Taylor had dated in eighth grade, but broke up in the winter of freshman year. They also dated when Taylor first went away after graduation to a prep school to prepare to enter West Point, she said.

Since then, they have been “just friends,” she said. They have a deep friendship because both lost their fathers, she said. Taylor’s father died when he was 16. Her daughter also lost her father when she was young, she said.

Sharp started crying as she told the jury about the loss of her first husband and the impact it had on their daughter.

Sharp said her first husband made their daughter a beneficiary of his life insurance. She has used the money to buy a “fixer-upper” house in Buckhannon and to pay for college at West Virginia Wesleyan, Sharp said.

She once asked her daughter and Taylor why they were so secretive about continuing to be friends and to see each other, particularly on holidays like Father’s Day and Memorial Day, days that they sharply feel the loss of their fathers, she said.

They told her that they didn’t think Jessica Smith, Taylor’s girlfriend at the time, would understand the bond and friendship they had.

She said she calls her daughter at least every other day. Around Memorial Day 2007, she said her daughter told her on one phone call that she wasn’t going to be alone that evening. Her daughter indicated that Taylor was going to visit her, she said.

She said she still liked Taylor despite the charges against him. Saying she was shocked when she heard he had been arrested for the shooting, she said he’s “the most polite young man ... he’s always very kind and considerate.”

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

Text Only
Local News
  • Lois Thibodeau Teaching on their level

    “I would like to nominate Lois Thibodeau for ‘My Favorite Teacher.’ She is the special needs Pre-K teacher at Watson Elementary School.” This was Kristi Wolford singing the praises of Lois Thibodeau.

    May 28, 2012 1 Photo

  • DHHR requiring additional vaccines for students

    Seventh- and 12th-graders who return to class in the fall without certain immunizations will not be allowed to attend school unless they get the required inoculations.

    May 28, 2012

  • Lady Justice --DS.jpg Cost of crime

    Victim.
    You never thought this would be you.
    But you are the victim of a nonviolent or violent crime.
    After contacting the proper authorities, you may be bewildered as to what happens next.

    May 27, 2012 1 Photo

  • More streets to be paved this week

    Even more city streets will be paved this week than expected.
    City Manager Jay Rogers said the spring paving required fewer tons of asphalt to cover the distance than originally estimated. That means there’s asphalt to spare and more streets are getting paved this spring.

    May 27, 2012

  • Bertoletti has 33 pepperoni rolls in only 10 minutes to win

    If there’s one Memorial Day tradition that everybody participates in, one way or another, it’s eating.
    Maybe it’s at a picnic at one of the many venues scattered across Marion County, enjoying hamburgers, hot dogs, macaroni salad and other seasonal food.

    May 27, 2012

  • Assaults, physical or not, affect ‘sense of safety and trust’

    An assault of any kind — whether it’s physical or not — can be traumatizing.
    “You don’t need to have suffered any cuts or scratches,” said Dr. Ronald Pearse, “but any kind of assault affects your sense of safety and trust.”

    May 27, 2012

  • Reasoning Mind excites students

    As a teacher, Beverly Stewart has never been more thrilled than when she sees the benefits a newer program has done for her students.
    Pleasant Valley Elementary fifth-grade student Calista Muzzapelle worked diligently on her assignments last week, much like she had during her Christmas break.

    May 27, 2012

  • pepperoni rolls.jpg Pepperoni roll prize

    To someone from out of state, the pepperoni roll might seem like a mystery.
    “Is it like a calzone?” they might ask, “or a stromboli?”
    Unique to the state of West Virginia, the pepperoni roll represents the Italian heritage of many of the miners in the early 20th century mixed with hardworking Mountaineer common sense.

    May 26, 2012 1 Photo

  • BOE seeks land for new middle schools

    The Marion County Board of Education is looking at land to build new middle schools in Mannington and Monongah.
    If all goes as planned, county voters will see a bond on the November ballot.

    May 26, 2012

  • Stewart Procession--DS.jpg Former WVU coach takes final journey home

    Bill Stewart has made his way back home.
    The former West Virginia University football coach, who died suddenly earlier this week of a heart attack at 59, was laid to rest Friday in his hometown of New Martinsville.

    May 26, 2012 1 Photo

Featured Ads
TWV Video Highlights
NDN Editor's Picks
House Ads