Michael John McGill faces a charge of third-offense domestic battery after allegedly attacking and choking his wife last week.
McGill, 52, of 67 Arlington Ave., Moundsville, was arrested Friday by troopers with the West Virginia State Police. According to the criminal complaint filed in Marshall County Magistrate Court, officers responded to a call from Rebecca McGill, who alleged Michael McGill had grabbed her throat with his hand and was cutting off her air supply. Rebecca McGill said the alleged attack happened because Michael McGill was angry that she was "mouthing off about his friend."
Deputies observed a small scratch on the side of Rebecca McGill's neck, and Michael McGill was arrested on a domestic battery charge. After finding he has two previous convictions on battery charges in 1999 and 2000, the third offense notation was added to the charge.
McGill was arraigned by Marshall County Magistrate Mark Kerwood, who set bond at $10,000. A March 22 preliminary hearing date was set.
The new charges were brought against McGill just months after he was released from serving a sentence in Pennsylvania. Prior to that, he had been serving a three-year sentence on an escape from home confinement conviction and a one-year sentence on a battery conviction, both of which stemmed from a June 2009 incident in Marshall County.
McGill faced charges of malicious assault and domestic battery following the 2009 incident in which investigators believed McGill beat Michael Yoho, 52. Yoho was found dead June 14, 2009, more than a day after the attack, following an apparent all-terrain vehicle crash. Marshall County Sheriff's Department investigators alleged Yoho was beaten by McGill at a camp on Fish Creek and managed to drive away, only to wreck and die a short time later. The West Virginia Medical Examiner's Office determined Yoho's death to be a result of ''compression asphyxia'' and not directly from a beating.
The domestic battery charges considered during the trial were from a separate incident on the same day as Yoho's death. The criminal complaint states McGill's cousin, Sheila McGill, tried to stop a fight between Michael McGill and Yoho.
While on house arrest awaiting a trial, McGill escaped from monitored home confinement and was arrested after being found nine days later at a camp on Fish Creek. More than 50 officers from different departments assisted U.S. marshals in catching McGill. Circuit Judge David W. Hummel sentenced McGill to three years on that conviction, with credit for time served.
After several delays, the trial on the original charges was held in Monongalia County, where a jury acquitted McGill of the malicious assault and domestic battery charges. He was convicted of a lesser included offense of battery and sentenced by Circuit Judge Mark A. Karl to one year in jail to be served consecutive to the escape conviction. During the sentencing, Karl noted McGill had been arrested more than 50 times between 1980 and 2004, with charges ranging from misedmeanors to multiple felonies.
Two separate decisions by the West Virginia Supreme Court of Appeals upheld both of those convictions after McGill and his attorneys filed challenges.