The Register-Herald, Beckley, West Virginia

Local News

December 21, 2013

Attorney objects to bail, charges

The attorney of a man accused of assaulting three juveniles Tuesday at Kohl’s said the $250,000 bail amount set Wednesday by Raleigh County Magistrate Charles Humphrey is unfair to his client.

Humphrey, who set Duncan’s bail at $250,000, could not be reached for comment Friday afternoon.

Attorney Gerald Hayden also said his client was “overcharged,” if all the evidence in the criminal complaint is accurate.

Henry Timberlake Duncan, 35, of 253 Heber St., is charged with three counts of first-degree sexual abuse for grabbing the buttocks of three minors, according to Beckley police.

According to the criminal complaint, all three of the adolescents reported in separate statements to police that Duncan had suddenly grabbed hold of them without their consent as they were shopping in the department store.

Kohl’s employees had tried to stop Duncan after one of the ambushes, according to the criminal complaint, but he fled the store.

Duncan, described by Hayden as a self-employed contractor who works odd jobs, turned himself in to police Thursday morning after BPD officers released surveillance images of Duncan to the public Wednesday.

Following the release of the video, the daughter of Duncan’s girlfriend handed over to police the white jacket and other articles of clothing that Duncan was seen wearing in the video Tuesday.

According to Hayden, the point of bail is to guarantee that a defendant will show up for court.

“The magistrate clearly stated he thinks my client should be in jail right now,” said Hayden, adding that it violated due process.

Hayden said he believes the high bond amount is in reaction to media coverage of Duncan’s reported crimes.

“That (amount) would be the standard for one of the most heinous crimes that one could think of,” said Hayden. “That’s the kind of bond you set for rape, arson, capital crimes.”

The attorney,Jessica Farrish 12/20/13  who was retained, also said the criminal charges against Duncan are inflated.

“Even if (the criminal complaint) is true, I still think that he’s been overcharged, and it’s been sensationalized,” said Hayden. “I think he should’ve been charged with simple misdemeanor battery instead of first-degree sexual abuse.”

First-degree sexual abuse is a felony and carries a potential sentence of one to five years in prison, said Hayden.

The attorney added that he has not yet viewed surveillance footage of the incidents, but has read the criminal complaints and talked to Duncan.

BPD Cpl. Morgan Bragg said Kohl’s surveillance video clearly shows Duncan’s assaults on the victims and added that the video suggests there are additional victims who have not yet filed reports.

Bragg urged other victims to contact BPD at 304-256-1708.

— E-mail: jfarrish@register-herald.com

1
Text Only
Local News
  • pittsburgh rally 5,000 rally in Pittsburgh against EPA Clean Power Plan

    The echo of people chanting, “Hey, hey, EPA, don’t take our jobs away” could be heard in downtown Pittsburgh Thursday. The voices came from about 5,000 United Mine Workers of America (UMWA) members and their families, along with other unions such as the Boilermakers and the Brotherhood of Electrical Workers International (IBEW), marching through the streets.

     

    August 1, 2014 1 Photo 3 Stories

  • Alpha plans to idle coal workers

    Approximately 1,100 employees at 11 Alpha Resources-affiliated surface mines, preparation plants and other support operations in southern West Virginia got notice late Thursday afternoon that their jobs could be in jeopardy.

     

    August 1, 2014

  • New rules to fight black lung disease kick in today

    Joe Massie has spent the last 22 years of his life fighting a disease that takes his breath away, a disease he contracted deep underground in the coal mines over a period of 30 years.  Black lung may take away his breath; it has not stilled his voice.

    August 1, 2014

  • target red Zero tolerance Target Red campaign hopes to lessen intersection crashes

    It happens every day. A driver hurries on his or her way to work, school or maybe nowhere in particular. Just ahead, a green light turns yellow. With a little more gas, the vehicle just might be able to clear the intersection before that light turns red. Or maybe not. 

    August 1, 2014 1 Photo

  • derby dames Beckley area Derby Dames to host WFTDA team Aug. 9

    The Beckley Area Derby Dames will face off against a WFTDA-certified team, the Harrisonburg, Va., Rocktown Rollers, Aug. 9 at the Beckley-Raleigh County Convention Center. 

    August 1, 2014 1 Photo

  • phil roop Artisans show off skills at String Band Festival

    The Appalachian String Band Festival celebrates the music of the mountains each year.

    August 1, 2014 2 Photos

  • Calendar — Friday, Aug. 1, 2014

    August 1, 2014

  • VA clinic to remain closed

    The Department of Veterans Affairs Greenbrier County Community Based Outpatient Clinic will remain closed due to ongoing correction of environmental concerns. 

    August 1, 2014

  • Beckley festival seeking vendors

    Taste of Appalachia is seeking restaurants, vendors, organizations and churches to participate in the Aug. 23 event. 

    August 1, 2014

  • 080114 FRI TWV multitalented teen.jpg Only 13, Shady Spring and TWV teen has big resume

    Well-rounded is an understatement for 13-year-old Rachel McNeel. 

    August 1, 2014 1 Photo