The Times West Virginian

July 1, 2009

Stubbs’ malicious assault trial continued

By Mallory Panuska

FAIRMONT — A trial for a man accused of malicious assault on a Fairmont police officer was continued in Marion County Circuit Court Tuesday morning.

Darrell Dee Stubbs II, 31, will now be headed to trial Aug. 26 for allegedly hitting and seriously injuring Fairmont patrolman John Miller with an all-terrain vehicle in 2007.

Upon the request of Stubbs’ attorney, Stephen Fitz, the trial was continued by Marion Chief Judge Fred L. Fox II from July 15. Fitz said Tuesday that he has another case in Westover scheduled for the same date.

According to the criminal complaint filed Oct. 16, 2007, Stubbs allegedly struck Miller with a four-wheeler at Windmill Park on that date. Both of Miller’s legs were broken, and he spent four months in hospitals and rehabilitation centers following the incident.

Miller still has not returned to work but would not comment further on his condition until after the trial.

Stubbs is currently serving a 12-year, seven-month sentence in a federal prison for distributing cocaine.

E-mail Mallory Panuska at mpanuska@timeswv.com.