A local man accused of murder had his case sent to the grand jury following testimony from the West Virginia State Police in Logan County Circuit court Monday.
Billy Paul Johnston, 40, of Accoville, was arrested in Logan County by West Virginia State Police Trooper J.K. Harris on August 16 for first degree murder in the stabbing death of Jerry Belcher of Crown and attempted murder in the stabbing of Jerry Belcher’s twin brother, Mackie Belcher, also of Crown.
Jerry Belcher was pronounced dead at the scene. Mackie Belcher reportedly pegged Johnston as the man who stabbed him and Jerry Belcher.
Trooper J.D. Hensley testified that, on Aug. 15, he responded to a call about a fight involving a knife and a gun. Another unit had been dispatched, but Hensley arrived first at the residence near the Low Ash bridge and saw a crowd of 15 to 20 people outside. He said he was told that Johnston committed the crime. EMTs followed him into the home of stabbing victims Mackie and Jerry Belcher. They found the body of Jerry Belcher laying in the kitchen and his twin brother, Mackie was laying on a bed. People were providing first aid. Hensley cleared the scene for the EMTs and the WVSP Crime Scene Unit.
"I got my camera out and started taking pictures," Hensley said, adding that Mackie Belcher then yelled for a trooper.
"He said 'Billy Johnston stabbed me and killed my brother,' while he was on the stretcher," Hensley testified. EMTs took Mackie Belcher away and declared Jerry Belcher dead. Hensley said he found a .38 revolver on a counter and an open, bloody pocket knife nearby while following a blood trail.
"The whole end of the blade was red," Hensley testified. "It appeared to be blood."
Both items and blood evidence were taken by the CSU team.
Under cross examination by Defense Attorney Dwayne Adkins, Hensley testified that the 911 call came in around 11 p.m. as a signal 12 involving gun and a knife. The EMTs were parked by the road waiting for a trooper to clear the way when he arrived. About seven people were inside the house, some of whom talked to other troopers later and gave statements.
Hensley and the EMTs entered through a side door by the kitchen. Tpr. J.K. Harris actually made the arrest on Billy Johnston and was in charge of the investigation. The CSU team also took photographs of the scene which was sealed off with yellow tape. Hensley was also present the next day when a statement was taken from Johnston's mother. It was Hensley's first murder scene in seven months on duty in Logan County, but Hensley said he knew Johnston from before the incident. He did not know the Belcher brothers, he said.
Tpr. J.K. Harris testified he was doing paperwork at headquarters when the call came over the radio on August 15. Harris traveled to Low Ash and contacted the other troopers already on scene. He found out that two men were stabbed, one was dead and the other was being transported to Man Hospital where Air Evac was flying him to Charleston for emergency treatment.
"An individual told Sgt. Guthrie that Billy Johnston was responsible and was at a residence behind the crime scene and he wanted to turn himself in," Harris said of the arrest. Troopers went to the location and found Johnston.
"He was was waiting for us outside, when we got there," Harris said, adding that Johnston raised his hands and told the officers "I killed them, but it was self defense."
Harris said Johnston then told him he should find Darrell Washington and Lisa Whitt, whom he later tried to implicate in the crime.
Harris said Johnston was initially helpful and cooperative and was concerned with locating Darrell Washington and Lisa Whitt.
Harris said Johnston was nervous and jittery, but appeared sober. Harris said Johnston admitted to drinking hard liquor and smoking crack earlier that day, around 3 p.m. Johnston gave very different accounts about what happened. Johnston allegedly claimed another individual had stabbed Jerry Belcher.
"He said he went there to borrow money and that Jerry pointed a gun at him and, at that point, Mackie told him to remove his pants," Harris testified saying Johnston claimed the victims were homosexuals intent on raping him. "He said he would not put up with that and he struggled with Jerry over the gun and he got up and stabbed Mackie and fled."
Harris said the troopers noted inconsistencies in the story from what they had observed at the crime scene and questioned him about it.
When Harris confronted Johnston about inconsistencies, "the story began to change," the trooper said.
Johnston allegedly said he went to the Belcher residence to commit a robbery, "but it was a robbery that went wrong."
Harris transported Johnston to the Southwestern Regional Jail at Holden where Johnston told corrections officers them he would be around for awhile when they had teased him about just getting out of jail.
"Mr. Johnston told them he killed a man," Harris said.
The autopsy showed Jerry Belcher had a punctured lung and heart.
Harris said Johnston said Washington and Whitt were with him when the stabbing occurred, but, Harris said that story was inconsistent with earlier statements made by Mackie Belcher.
"At no point did Mackie say anybody else had been in his home," Harris said. "I am sure Mackie would have seen anybody else."
The WVSP later found a white shoe near the crime scene, which Johnston apparently left behind. The shoe, a Case folding knife, a Colt .38 pistol and blood samples were taken as evidence. Johnston told Harris he lost the shoe and ditched the other and his shirt when he got to his parents’ residence where the other shoe and shirt were found.
Assistant Prosecutor Todd Goudy said the state had proven probable cause that Johnston entered the residence of the victims with his knife out and ready with harmful intent.
Defense Attorney Dwayne Adkins said there was no evidence of forced entry and that his client claimed it was self defense and that a gun had been fired at the defendant.
Magistrate Jeff Lane ruled that there was probable cause that Billy Johnston had committed murder and attempted murder. Lane could not set bail for Johnston.