A Charleston police officer accused of causing a car crash that killed a woman had his trial delayed Tuesday.
Kanawha Circuit Judge Duke Bloom agreed to delay the trial for Stephen Doss amid concerns from Doss' attorney that medical, police and other records wouldn't be available soon enough ahead of the trial.
Doss' trial was to begin Monday, but Bloom rescheduled it for Nov. 13. The police officer, who remains employed with but suspended from the Charleston Police Department, faces charges of negligent homicide and speeding, and an emergency vehicle violation -- all misdemeanors. If convicted of negligent homicide, he would face up to one year in prison and a $100 fine.
Doss pleaded not guilty to the charges in August, and assistant Kanawha County prosecutor Fred Giggenbach said Tuesday that negotiations for a plea deal in the case had failed. Doss was in the courtroom Tuesday, but he didn't speak during the hearing.
Bloom approved the delay after Doss' lawyer, Michael Del Giudice, said he would be ready to go to trial Monday, if Bloom allowed it, but he wouldn't have much time to review the evidence ahead of the trial.
"While my client appreciates the fairness of a speedy trial, we believe it would be more fair to him if we move (the trial) to make sure we have these documents well in advance of the trial," Del Giudice said.
Lawyers discussed Wednesday what evidence had been made available in the case, including medical records for Dora Clarke, the 80-year-old woman who died after Doss' cruiser crashed into her vehicle in the 400 block of Washington Street West on Jan. 4, according to the criminal complaint filed in Kanawha County Magistrate Court. Doss was responding to a report of a man armed with a knife in the Orchard Manor housing complex, according to the complaint.
Giggenbach said video footage from police dashboard cameras and body cameras, as well as from surveillance cameras at nearby businesses, could show Doss was traveling at about 74 mph in a 30 mph zone at the time of the crash without using his sirens or emergency lights, as was alleged in the indictment against him. Del Giudice said footage from other officers' vehicles would give a clearer perspective of how other officers were responding to the reported incident.
Bloom also ruled that some of Clarke's medical records could be entered into evidence, but those records will be sealed until the trial. Del Giudice and Giggenbach also said they were waiting for the Charleston Police Department to provide Doss' personnel record.
After Bloom delayed the trial, Giggenbach asked Bloom to inquire if Doss was using drugs, as a judge would during any other criminal trial. Bloom said he didn't notice any behavior from Doss to warrant a drug test or other inquiry, and he otherwise didn't have any reason to believe Doss was using drugs.
Reach Lacie Pierson at 304-348-1723, lacie.pierson@wvgazettemail.com or follow @laciepierson on Twitter.
