WESTON, W.Va. — Trial is set for February for the Harrison County woman facing a DUI-with-death charge involving a Lewis County woman, after continuance was granted in Lewis County Circuit Court Thursday.
Whitney Marie Chipps was charged with driving under the influence causing death after a vehicle accident in Lewis County in December 2016. The accident killed Erin Marshall-Heater, 33, of Jane Lew, a mother of three.
When transported to Stonewall Jackson Memorial Hospital, Chipps’ blood alcohol content was reported at 0.118. The legal limit is 0.08 BAC.
That blood sample was actually reported missing at one point, but then rediscovered in June 2018. Thus, the defense requested and was granted a continuance at that time.
This week, Chipps’ attorneys asked for yet another continuance, requesting that the state prove that the blood sample taken at the hospital following the December 2016 accident is the correct sample. The state objected to the continuation, stating that Heater’s family has waited nearly two years.
Ultimately, Lewis County Circuit Judge Jacob Reger decided to grant the continuance, but he said that the case needs to go to trial in February at the latest.
A pre-trial hearing is set for 1 p.m. Feb. 6, with jury selection on Feb. 11.
Trial is expected to begin at 9 a.m. on Feb. 19.