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LISBON -- A jury trial remains on the docket later this month in Columbiana County Common Pleas Court for the Wellsville man accused in the shooting homicide of his girlfriend, Destiny Moody, also known as Destiny Penny.
Terrance L. Haywood, 28, Chester Avenue, Wellsville, appeared before Judge Scott Washam with his defense attorney Dennis McNamara of Columbus, charged with murder, aggravated burglary, tampering with evidence and having weapons while under disability.
Haywood is accused of the shooting death of his girlfriend, 26-year-old, while three of her four children were upstairs in her home in Wellsville in October of 2019.
During Thursday's hearing, Special Prosecutor Micah Ault, a senior assistant prosecutor with the Ohio Attorney General's Office, said there are numerous witnesses, but one of the witnesses he plans to call could be one of the children, who was 4 years old at the time of the shooting. After discussions between McNamara, Ault and Washam, it was determined that possibly as soon as Tuesday, Washam would like to have a competency hearing for the child to determine the ability of the child to testify.
Additionally, if the trial goes forward as it is projected to do on May 17, Ault said there are a couple of other witnesses who cannot appear that week -- the 911 dispatcher, who took the two calls about the shooting that night, and the county coroner, who reviewed the autopsy. Ault suggested the possibility of testimony by Zoom if Washam and McNamara would agree, while McNamara said he believes the testimony of the pathologist who did the autopsy would be sufficient. Washam discussed the possibility of a deposition, a sworn recorded testimony that could be played for the jurors.
Finally, the attorneys and Washam discussed whether certain prior acts by Haywood or crimes would be disallowed from opening statements. McNamara argued that such statements in opening arguments cannot be taken back if the judge later rules that evidence inadmissible. Washam said he wants to wait and see the context of how such things will be used before making a ruling.
Ault said he had visited the Wellsville police department earlier in the day, where he was given some additional evidence and he had made copies already for McNamara and gave them to him Thursday as well. McNamara said he has not had a chance to look at these items, which include two videos and he asked until Friday or Monday to file any motions related to those materials.
At this point the trial remains on the schedule.
djohnson@mojonews.com