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Wheeling Assault Suspect Posts Bond

WHEELING — Gregory Nightengale, who was indicted in September for allegedly assaulting a police officer, is out of jail after an Ohio County judge reconfigured his bond.

Nightengale, charged with four counts of malicious assault on a law enforcement officer, posted $50,000 property Thursday in order to bond out of West Virginia Northern Regional Jail. Nightengale had been in jail since Aug. 13, when he and his ex-wife, Liza Nightengale, were arrested after an altercation in North Wheeling during which they allegedly assaulted Wheeling police Officer Brent Ruby.

Advocates for Gregory Nightengale, 44, including a leader of the Ohio Valley Black Caucus, have disputed police accounts of the incident, saying Ruby used excessive force against Nightengale. They also argued his previous $100,000, cash-only bond was excessively high, given the charges.

Nightengale allegedly ended up with injuries, including several to his face, knee and his back, and other abrasions, according to his medical records.

Ruby — who ended up with injuries to his face, head and arms, according to criminal complaints — was allegedly kicked by Liza Nightengale, 47, and allegedly was hit and bitten by Gregory Nightengale.

The bond situation for both Nightengales changed on Thursday after Ohio County Circuit Court Judge James Mazzone heard the Nightengales’ requests for reconfiguration of bonds.

“The defendant respectfully requests that he be afforded reasonable bond conditions which he can meet,” states Gregory Nightengale’s motion for bond reconfiguration, written by his court-appointed counsel, Mark Panepinto of Wheeling.

Gregory Nightengale’s original $100,000 cash-only bond was set by Ohio County Magistrate Patty Murphy. That meant he would have needed to post the entire amount, in cash, in order to get out of jail.

But his indictment added more charges, and in the process, the Ohio County Circuit Court reconfigured his bond to $500,000, according to the Ohio County Prosecutor’s Office.

Mazzone altered Gregory Nightengale’s bond to personal recognizance and surety, which allowed him to post 10 percent of the $500,000 bond in property.

Liza Nightengale’s bond also began at $100,000 cash-only in magistrate court, and the circuit court also increased it to $500,000.

“This bond is excessive for the charges that the defendant faces,” her court-appointed counsel, Kevin Neiswonger of Moundsville, wrote in her motion for bond reconfiguration. “It was initially set at $100,000 at the magistrate level and was inexplicably raised (to $500,000) when she was indicted for the exact same offense,” the motion states.

Neiswonger said Friday Liza Nightengale had the option to to hire a bondsman — a justification of surety — he said, meaning she could have bonded out by posting $50,000.

But on Thursday, Mazzone reconfigured the $500,000, marking $450,000 of it as personal recognizance and $50,000 as a surety bond. Therefore, if she hires a bondsman, it would cost only 10 percent of that, or $5,000, he said. Mazzone also gave her the opportunity to also post real estate to cover it.

“Her family is making an effort to post bond for her, or post property,” Neiswonger said.

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