Death penalty sought in Stewart case
by Elizabeth Rigel
10 months ago | 1166 views | 0 0 comments | 11 11 recommendations | email to a friend | print
GALLIPOLIS — Gallia County grand jurors are seeking the death penalty for Walter E. Stewart, charged in the shooting deaths of John Paul Holley and Carolyn Merry, both of Bidwell, on April 28.

Stewart, 76, Wellston, was arraigned in Gallia County Common Pleas Court on Wednesday afternoon and charged with two counts of aggravated murder and one count of attempted murder for which he has been charged.

Both counts of aggravated murder are special classification felonies and carry gun specifications, death penalty specifications, and forfeiture specifications.

Possible penalties include death, life without parole, life with parole after 20 years, life with parole after 25 years, life with parole after 30 years, and up to a $25,000 fine. Gun specifications carry a mandatory term of incarceration if convicted.

The charge of attempted murder is a first degree felony and also carries a gun specification. The offense is punishable by three to ten years of incarceration and up to a $20,000 fine.

Stewart was reportedly taken into custody at the site of the alleged shootings, which took place on top of a hill at a stone yard owned by Holley off of Ohio 588 west of Rodney. Merry, 54, was pronounced dead at the scene and Holley, 59, was pronounced dead on arrival at St. Mary’s Medical Center in Huntington, W.Va., after being lifeflighted.

Defense Aattorney Robert Krapenc of Columbus entered a plea of not guilty to all three counts on Stewart’s behalf and waived the reading of the indictment.

Stewart’s bond of $2 million ten percent was continued with the addition of a $1,000 ten percent secured bond. He has been confined to his residence with an electric monitor that includes GPS since his initial arraignment and Krapenc requested that the court expand the range of his ankle bracelet allowing him to be 100 yards from house, which he said sits more than 100 yards from the road.

The state, represented by Gallia County Prosecutor Jeff Adkins, opposed the request, h. However Common Pleas Judge D. Dean Evans compromised and allowed for an extension of 50 yards from Stewart’s home.

Adkins added that the state intends to file a motion concerning bond in capital offense cases, but agreed to the current bond parameters at this time.
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