Published: April 19, 2006 07:45 pm      

‘Doc’ Whitley murder trial: Change of venue granted

WELCH — A judge granted a change of venue request Wednesday for one of two men charged in connection with the homicide of the long-time chairman of the McDowell County Democratic Party.

Circuit Court Judge Booker T. Stephens approved a request by Chief Public Defender Floyd Anderson for a change of venue in the trial of Charles Jason Lively, 28, of Iaeger, who is charged with first-degree murder, first-degree arson and conspiracy in connection with the death of Ebb Keister “Doc” Whitley. Whitley died following an arson fire at his home on March 15, 2005.

The state didn’t object to the change of venue request, Prosecuting Attorney Sid Bell said.

“After receiving the motion and conferring with the negotiating offices and the victim’s daughter, we agreed not to object to a change of venue believing it was in the best interest of all parties,” Bell said. “Dr. Whitley was well known as both a physician and a politician, and of course the defendant’s family is well known too.”

Bell said Stephens will check with the state Supreme Court of Appeals later this week to determine what county the trial should be held in. Bell said the trial will be moved to a location outside of the circulation area of the Bluefield Daily Telegraph.

“The judge said it will take him a few days to make that determination,” Bell said.

Lively remains free on a $250,000 bond, but is under home confinement and electronic monitoring.

In addition to his long-time work as a doctor in the Iaeger community, Whitley was a well-known political figure throughout southern West Virginia, and served as chairman of the county’s Democratic Party for more than 20 years. He also was a former president of the McDowell County Commission, a former member of the McDowell County Board of Education, and was elected to the state House of Delegates in 1992.

Bell said the second defendant in the case, Tommy Owens, 25, of Iaeger, also charged with first-degree murder, first-degree arson and conspiracy, remains incarcerated in a state correctional facility where he is currently serving a 20-year sentence on unrelated charges. Bell said Owens is scheduled back in court on June 27 on the first-degree murder charge.

Bell said Owens pleaded guilty to first-degree robbery in connection with an unrelated robbery in the Twin Branch section of McDowell County where a man was robbed and “completely duct-taped around his face, covering his nostril, nose, and mouth.” Bell said $1,100 in currency and a hunting knife was stolen from the residence in the unrelated case.

In addition to Owens, Bell said Sharon Vance, 38, of Ike’s Fork, also was charged with first-degree robbery in connection with the unrelated case in Twin Branch.

“The co-defendant has since passed away,” Bell said of the unrelated case. “She was found dead in a stream near Iaeger.”

In the unrelated case, Bell said authorities are still awaiting a medical report on Vance’s cause of death.

“Her body was found near a stream,” Bell said of the investigation unrelated to the Whitley case. “We’ve been waiting for an autopsy report.”

— Contact Charles Owens at cowens@bdtonline.com