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Retired officer faces charges
Tuesday, July 23, 2013
A retired investigator with the Martinsville Police Department was among the 58 people indicted by grand jurors Monday.
James Scott Witherow II, 71, 701 Corn Tassel Trail, Martinsville, was indicted Monday on one count use of a firearm in commission of felony, aggravated malicious wounding and discharge firearm in an occupied dwelling.
All of the indictments were in connection with an April 14 incident in Martinsville in which Witherow’s wife, Marleen S. Carter, was shot.
At Witherow’s preliminary hearing in a lower court in June, Carter testified that she and Witherow had been arguing for the last year of their three-year marriage.
On the day of the shooting, Carter testified that she was looking for divorce attorneys’ names in the phone book and asked her husband for a pen.
Witherow then went into his bedroom, and asked Carter to come in because he had something to show her, Carter testified.
When she went into the bedroom, Carter testified that she looked up and “all I could see was a barrel” of what she described as a handgun.
A bullet hit her in the chest, Carter testified.
Carter was taken to Memorial Hospital in Martinsville and then transported to Carilion Roanoke Memorial Hospital, where she spent four days, she said.
Witherow joined the Martinsville Police Department on Sept. 1, 1971, and resigned April 9, 1973. He was then rehired Nov. 1, 1973, and retired on May 31, 1998.
He spent about 10 years in uniform and 16 in the investigative division, according to previous reports.
An indictment is not an indication of guilt. It is a grand jury’s determination that enough evidence exists to hold a trial.