Dayton man faces third trial since June

Edward W. Terry faces more than seven years in prison if convicted as charged.

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DAYTON -- A city man is awaiting his third trial since June and faces a lengthy prison term if convicted as charged.

Edward W. Terry, 26, 607 Wagon Road, Dayton, is in the Columbia County Jail, charged with theft of a motor vehicle, possession of a stolen vehicle, two counts of second-degree trespass and one count of resisting arrest.

The Feb. 23 trial will be Terry's third since June, when a jury in Columbia County Superior Court convicted him of forgery and third-degree theft. He was sentenced June 9 to 13 months in prison for those charges.

While free on bail awaiting the forgery trial, Terry allegedly stole a vehicle May 21 and was arrested and charged May 24 with theft of a motor vehicle, possession of a stolen vehicle, two counts of second-degree trespass and one count of resisting arrest.

He was held in the Garfield County Jail at the request of Columbia County authorities. While in jail in Pomeroy, "he decided to act up, and assaulted one of our deputies," Garfield County Prosecuting Attorney Matt Newberg said.

After his sentencing June 9 on the forgery charge he was placed in the custody of the state Department of Corrections.

Columbia County issued a warrant June 29 for Terry on the May 24 charges.

Terry requested he be returned to face the assault charge.

Garfield County Superior Court Judge William Acey found Terry guilty of assaulting Deputy Adrian Stebbins during an altercation in the Garfield County Jail on May 30. Acey sentenced him to 43 months in prison, the top of the standard sentence range for the crime.

Columbia County law enforcement arrested Terry on the June 29 warrant after his sentencing.

If convicted on the two vehicle theft charges, Terry could be sentenced to 33 to 43 months for each charge, Columbia County Prosecuting Attorney Rea Culwell said Thursday. Culwell said it is likely Terry will receive two 43-month sentences to be served concurrently, in addition to the 43 months for the assault, and 13 months for the forgery, a total of 89 months, or more than seven years in prison.

Prosecuting outstanding warrant cases is advantageous to both the state and the defendant, because by dealing with them in a timely manner it assures the witnesses are more likely to be available, Culwell said.

"Anyone who is in Department of Corrections custody who has pending charges against them can request that they (the charges) be adjudicated," she said.

If there is a warrant out for someone's arrest there would be a hold on them, Culwell said.

"That warrant or hold does affect their classification when they're in DOC custody. They might not have some privileges that they otherwise might have," she said.

Carrie Chicken can be reached at cec@innw.net or 522-5289.

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