Magistrate finds probable cause; Case to be forwarded for grand jury consideration

CHARLES TOWN – The case against a man accused of a February assault against a Shepherd University female student has been forwarded to a Jefferson County grand jury to be considered in April.

A preliminary hearing was conducted Thursday, March 12, by a Jefferson County magistrate, who found probable cause to forward the case to the higher court.

“I’m going to find probable cause and send this case across the street to circuit court,” Magistrate William Senseney said in his final statements at Jeremiah James Goodwin’s preliminary hearing Thursday.

Goodwin, 33, of Berkeley Springs, appeared briefly, shackled before Senseney, is charged with two counts of sexual abuse in the first degree and assault during the commission of a felony in connection with the Sunday, Feb. 1, sexual assault of a Shepherd University female.

The grand jury is scheduled to convene on April 21. If Goodwin is indicted, a trial would likely be held in the fall, Jefferson County Assistant Prosecutor Brandy Sims said.

According to court documents, the victim said she was grabbed from behind by Goodwin, using one hand, the assailant covered her mouth and put his other hand under her shirt, touching her breast and moving his hand down under her pants.

It is the policy of The Picket not to identify victims of sexual assault.

During testimony, the victim described the struggle that took place.

“(The) struggle started while I was standing…(the assailant) pushed me to the ground using his body weight to take me down,” she said.

The victim suffered minor physical injuries that included red markings on her neck and lacerations to her right knee, according to court records and her testimony.

The victim, who remained calm throughout testimony Thursday, testified that she saw the accused standing down the street far away as she walked back to her dorm and he was wearing jeans and a dark hoodie.

After he grabbed her, the woman said she was able to remove the assailant’s hand from her mouth and scream for help.  As the assailant fled, the victim was able to see a full clothing description.

“It was the same person running away,” the victim said.

The woman who was assaulted was not the first women approached by the man that night.

Jefferson County Public Defender John McFarland, representing Goodwin Thursday,  recounted an incident involving a female Food Lion employee that the suspect was talking to and allegedly took on a date the day after the assault.

Security cameras in the store captured the conversations between Goodwin and the unidentified female.

McFarland stated during testimony that the girl was nervous about the date.

“She brought a friend along (during the date),” McFarland said.

“Probably five incidents that students gave me, of the suspect trying to talk to them from his car,” Shepherd University Police Officer Anthony Winkle said during his testimony on Thursday.

During testimony Winkle reported that with these reports from other students that included descriptions of the defendant, his vehicle and actions, they were able to better identify him.

Winkle said that a report came into the Shepherdstown Police Department that was forwarded to Shepherd University Police about a male, fitting the description of the suspect who was inside the Press Room, a local establishment.  Winkle reported that the male willingly came with them to the university police office for interview.

“He was standing outside waiting beside his car. He was taken to the Shepherd University interview room on campus,” Winkle said.

“Obviously something happened, but who committed these acts,” McFarland said during closing arguments.

During the hearing, McFarland questioned the investigation by university police. He pointed out that the suspect was originally reported to be approximately 5 feet 8 inches or 5 feet 9 inches tall.

“We found he was six feet (tall),” Winkle said.

“(The victim) saw him previously and at close range and was able to identify him,” Sims said.

The victim stated she was only able to see part of the defendant’s face.

“I was able to identify him by his mouth, a unique few whiskers and upper lip,” the victim said.

Goodwin remains jailed at the Eastern Regional Jail in Martinsburg.

 

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