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Man Pleads Guilty in Death

Schwing faces year in jail for involuntary manslaughter

July 31, 2012
By J.W. JOHNSON JR. Staff Writer , The Intelligencer / Wheeling News-Register

MOUNDSVILLE - David Schwing's scheduled bench trial in Marshall County Magistrate Court on Monday was vacated after Schwing pleaded guilty to misdemeanor involuntary manslaughter.

Schwing, 19, of RD 3 was charged with involuntary manslaughter in an accident that resulted in the death of 19-year-old Arthur Woods. Woods died from injuries sustained in the accident, which happened Oct. 16 on U.S. 250 just south of Moundsville.

Investigators said Schwing was driving a 1999 Dodge Neon when he attempted to pass a vehicle in a no-passing zone and lost control because he was traveling at a high rate of speed. As Schwing's vehicle crested a hill, it came face-to-face with a van driven by Penny Rouse, no age given, also of Marshall County.

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SCHWING

The Neon's passenger side, where Woods was sitting, struck the van. Woods was pronounced dead at Reynolds Memorial Hospital in Glen Dale. Schwing and Rouse were transported to Wheeling Hospital.

Rouse and the driver of the vehicle Schwing was attempting to pass provided statements to deputies, who also reconstructed the accident within a few minutes of arriving on scene. Investigators said roadway marks indicated a sideways slide, and the Neon had struck a guardrail on the opposite side of the road, indicating it was out of control.

On Monday, a bench trial before Marshall County Magistrate Dave Buzzard was set to being at 1:30 p.m. However, just before 2 p.m., Marshall County Prosecutor Jeff Cramer said Schwing chose to plead to the charge instead.

Before accepting the plea, Buzzard made sure Schwing understood that by entering a plea, he could not appeal or challenge the case later, which Schwing acknowledged.

A sentencing hearing was set for Sept. 12 to allow ample time for both sides to prepare to argue possible sentencing. Schwing faces up to one year in jail and a fine of between $100 and $1,000.

 
 

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