Haywood’s murder trial set to start August 9 | News, Sports, Jobs
LISBON – A jury trial is still scheduled for next week in the Columbiana County Common Plea Court for a Wellsville man accused of shooting his 26-year-old girlfriend Destiny Moody, also known as name of Destiny Penny, while three of her four children were upstairs in her house.
Terrance L. Haywood, 28, Chester Avenue, Wellsville, is charged with murder, aggravated burglary, tampering with evidence and possession of weapons while he was disabled. The charges include a firearm specification, which could lead to additional jail time if convicted.
On Monday afternoon, Judge Scott Washam met with a potential 6-year-old witness for trial and found the child fit to testify. Lawyers for the Ohio Attorney General’s Office and defense attorney representing Haywood were both in the room as Washam spoke with the child, but not the accused.
Before going to the back room, the lawyers had argued in front of Washam to have the child testify. Defense attorney Dennis McNamara has referred to several instances where young children have proven to be incompetent.
While Special Prosecutor Micah Ault argued that case law shows that what is important is that the child is now competent, and not where the child was at the time of the murder. However, McNamara disagreed somewhat, saying that if a child isn’t able to remember what happened because he was too young, then it doesn’t matter if he is competent now.
McNamara also pointed to the interviews the child had with children’s advocates, where the story was said to have diverged.
After Washam ruled on the child’s jurisdiction, prosecutors provided the defense with additional evidence from Wellsville Police and a conference call was scheduled for 2:30 p.m. Thursday.
The jury trial is scheduled to begin on August 9.