While working at the Dallas Post Office on July 28, 2008, Lua Zervos-Wolverton saw a man enter the building.
Within minutes, she was lying on the floor and calling 911 after being shot with a 12-gauge shotgun at close range. Friends and coworkers said she repeatedly asked if she was going to die. Despite the best efforts of those who came to her aid, she died after being transported to a Morgantown hospital.
Her boyfriend, Todd Dolin, became the prime suspect as Wolverton had told West Virginia State Police troopers that "her boyfriend, Todd Dolin, shot her." He had fled the area but was later apprehended in Zanesville, Ohio.
Three years later, Dolin, 43, of Glen Easton sits in the Northern Regional Jail in Moundsville, awaiting his murder trial. Despite the court system's attempts to hold a trial on no less than three occasions since being indicted in November 2008, Dolin has yet to have his case heard in front of a jury.
Reasons for the delay have been given, ranging from excessive media coverage contaminating a potential jury pool to the dismissal of Dolin's initial lawyers in 2010 for circumstances contained in a sealed motion.
During the three-year period, the cost to lodge Dolin at the regional jail has been footed by the taxpayers of Marshall County. The total incarceration cost, which exceeds $52,000, will continue to increase, as earlier this month the case was moved to another county in an attempt to find a sufficient jury pool.
No Federal Charges
Though the shooting took place at a U.S. Post Office in Dallas and Wolverton was a federal employee as postmaster of that office, no federal charges were brought against Dolin.
Sharon Potter, who was serving as the United States attorney for the Northern District of West Virginia at the time, said officials from the West Virginia State Police and the Marshall County Sheriff's Department were on scene quickly to investigate.
Potter then spoke with officials with the Marshall County Prosecutor's Office, who requested to handle the case at the county level. Marshall County Prosecutor Jeff Cramer declined comment on the matter.
The prosecutor "indicated a strong desire to proceed in state court since it was a murder being handled by the state police and local law enforcement," Potter said.
Potter added that the U.S. Attorney's office often lets state prosecutor's offices maintain jurisdiction when they request it. That request has cost the taxpayers in Marshall County.
Additionally, as officials gathered more information, it became clear that Wolverton had not been targeted due to her status as a federal employee. Because of this, Potter did not pursue federal charges.
"The Special Agent in Charge of the Postal Inspection Service and I spoke and that office was satisfied to see the case proceed through the state courts since federal employment did not appear to be key to the criminal motive," she said.
High Cost of Living
Because the case was not taken through federal court, once Dolin was arraigned and taken to the Northern Regional Jail in Moundsville, his per diem cost became the responsibility of Marshall County citizens.
That will remain the case until Dolin goes to trial and his fate is decided by a jury of his peers, a task that became further complicated when Dolin's attorneys filed a change of venue request to move the case out of Tyler County.
Earlier this year, the case was moved from Marshall County to Tyler because a jury could not be seated. Though no decision has been made as to where the case will now be transferred, a similar situation in Marshall County involving Michael McGill was moved and tried in Monongalia County.
Any transfer would first need approved by the West Virginia Supreme Court and, though the motion has been made by Dolin's attorneys and not objected to by the prosecutor, Marshall County Circuit Judge Mark A. Karl has yet to weigh in on the matter. Karl could not be reached for comment last week, though his policy has been to not comment on ongoing cases.
The cost to house an inmate at the Northern Regional Jail has increased since Dolin was first incarcerated, rising from $47.50 per day to $48.80 as of Friday. At an average cost of $47.94 per day over the 1,092 days Dolin has been incarcerated, it has cost $52,350.48 to cover his lodging. Marshall County Commission President Jason "Jake" Padlow said the regional jail bill is something the commission continually has to work on.
"We are paying $600,000 a year for our bill, and it can cause issues with our budget," he said, adding the commission is working with judges and magistrates to find alternative sentencing measures that would reduce that bill.
Though he declined to comment in detail on the case, Padlow said he believes the citizens of Marshall County do not mind footing the bill for Dolin, who is not eligible for bond due to the severity of the charge.