Marion County jury hears opening arguments in 'tale of twin terror' attempted murder trial
Aug. 10—FAIRMONT — Jury selection and the opening part of Steven Clyde Tucker's trial vs. the State of West Virginia took place Wednesday in Marion County Circuit Court.
The case revolves around the attempted murder of Jason Jones, who prosecutors allege, was lured to Tucker's home and then shot, beaten and stabbed. He was left for dead at a power substation on Francis Mine Road.
"This is a tale of twin terror with a whole cast of characters," Prosecuting Assistant Attorney Sean Murphy said, "with the primary character at the table. Steven Tucker and his brother, Daniel Clyde Tucker, the torture wins, shot, stabbed, strangled, beat and bludgeoned anyone who went crossways with them in the drug business."
Murphy compared the case to the true crime genre which has found popularity in mainstream media.
Steven Tucker was indicted for conspiracy to violate felony drug laws, organized criminal enterprise, kidnapping, attempted murder, prohibition from possessing a firearm, use of firearm, malicious wounding and assault during the commission of a felony. A Marion County Grand Jury indicted Tucker in February 2021.
The prosecution's strategy seemed to build its case around Steven Tucker as the main perpetrator of Jones' assault.
However, the defense sought to cast doubt on that strategy by attacking the credibility of the state's witnesses. Jared Moore, Tucker's attorney, said the state tried to infer a complete picture out of incomplete pieces and bits of evidence. He told the jury he would cast doubt as to Tucker's involvement in the crime.
In his opening statement, Moore asked the jury to question a witness's motives for testifying and providing evidence. He said medical records didn't line up with witness' testimony of what wounds Jones received. He argued that the state' case was based on emotion, not evidence.
"They're going to try to scare you into convicting Steven Tucker," he said.
Murphy and Moore scuffled over one particular witness. While on the stand, Frankie Smith, 31, of Charleston, told Murphy that she had seen Tucker sell drugs. However, Moore on cross examination brought out video evidence that Smith had told detectives last year that she hadn't seen Tucker sell drugs. Smith at the time had pleaded guilty on her own felony charges and agreed to testify as part of the deal.
Murphy prompted Smith as to whether her life had improved over the past year now that she was sober and in stable living conditions. Smith replied that it had, and that she was not lying now. Murphy established that Smith was scared and addicted to drugs during her testimony last year.
"I'm saying the truth now," she said. "I was scared back then."
Multiple witnesses said they saw drugs and violence routinely take place at Tucker's residence, before Jones was assaulted.
Emily Gibson, 30, lived with Tucker at the time in 2021. She said that on the day in question, Tucker was violently complaining about Jones and threatening to kill him before Jones showed up at the residence. Tucker's girlfriend at the time was also present.
"Tammy was in the kitchen, Steve came in and said, get the kids and get the fuck out," she said.
Gibson and Tucker's girlfriend left the house for about two hours and went to Farmington, where Tucker later joined them. Together, they drove back to the house.
"You could tell something had just happened. People were antsy and on edge," she said.
Gibson described both Tucker brothers as "pompous" upon their return.
The trial continues Thursday.
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