GALLIPOLIS — The capital murder trial of Walter Stewart, charged in the April shooting deaths of John Paul Holley and Carolyn Merry, has been postponed and will likely not begin before next week.
Meigs County Common Pleas Court Judge Fred W. Crow III is presiding over the case, which has been delayed in part due to the Paula Rizer murder trial currently underway in Pomeroy. Rizer is charged in the April shooting death of her husband, Kenny Rizer, Sr. in their Lebanon Township home.
In addition to the Rizer trial, jury selection has not yet been completed in Stewart’s case, also setting it back. Nearly 200 potential jurors were called to the Gallia County Courthouse on Friday. Those remaining in the pool after Friday’s proceedings were asked to return Wednesday and final jury selection is not anticipated to be completed until Thursday.
Stewart, 78, Wellston, is charged with two counts of aggravated murder in the deaths of Merry and Holley, as well as the attempted murder of David B. Merry, Carolyn Merry’s brother, at the Holley Brothers Stone Quarry on April 28. The shootings are said to have arisen from a business dispute.
The prosecution, represented by Special Prosecutor David Scarsella, is seeking the death penalty, which can be applied in cases with more than one victim.
Stewart is being represented by Columbus-based attorney Robert Krapenc.