Ohio County Magistrate Joe Roxby on Monday denied a bond reduction for Treyvon Makelle Montgomery.
Montgomery, 23, of Wheeling, has been in jail under a $250,000 cash bond since he turned himself after Wheeling police issued a wanted poster for him in connection with an April 4 shooting on Wheeling Island.
Attorney Kevin Neiswonger told Roxby that Montgomery is not a flight risk because he has strong ties to the community and is particularly protective of his family's assets offered for bond.
"The purpose of bond is not to punish," he said. "It is to ensure the defendant will be present for court proceedings."
Assistant Prosecutor Mike Olejasz said flight risk is not the only factor to consider in setting bond.
"We have to consider the safety of the community," he said. "There are two eyewitnesses out there who place the defendant at the scene with a gun in his hand."
He also said Montgomery could be a flight risk because he is looking at lengthy sentence if convicted of first degree robbery.
"This is as close to a capital offense as West Virginia has to offer," he said.
A criminal compliant states officers were dispatched to 96 Maryland St. regarding a person shot in the head. The victim told officers three men forced their way into his home and held him and his daughter at gun point while robbing them of marijuana and money.
The victim's daughter told officers she recognized one of the men as Montgomery, as he did not have his face covered. She said at least two of the men had firearms, and one of them ordered her to the ground while Montgomery and the other suspect went into her father's bedroom.
Once inside the room, the woman said she heard the men order her father to open a safe containing marijuana and money.
She was then taken into the bedroom, where she said she heard the men use the name "Treyvon" at least once. One of the men fire a shot at the man, hitting him in the face, though the female could not identify which of the suspects pulled the trigger.