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Judge orders 2019 murder case to get moving

CHARLESTON, W.Va. — A Kanawha County circuit judge said Tuesday a 2019 murder case needs to begin moving toward a resolution.

Judge Kenneth Ballard held a hearing in the case of Terry Kirby, 66, of Campbells Creek.

Terry Kirby (WVRJA)

Kirby was arrested in early September 2019 after the shooting death of Glen McClure. He was charged with first degree murder.

Ballard took up a doctor’s report Tuesday that said Kirby was competent to stand trial. Kirby’s attorney Robbie Long disputed the findings. Ballard set an April 8 hearing to hear from the doctor who conducted the exam.

“This case needs to get moving, trending in the right direction here, so we can at least get a trial date or some resolution,” Ballard said.

The judge also ordered a criminal responsibility exam.

Long said there are several issues that need settled.

“Even if he is competent, we don’t know if he’s criminally responsible,” Long said.

Kanawha County Circuit Judge Kenneth Ballard

Kanawha County Assistant Prosecutor J.C. MacCallum said the doctor who did the competency evaluation had to rely on other means because Kirby refused to be examined.

“Not that Mr. Kirby is all well, but that he is competent. That he’s strategically refusing to cooperate. It’s his (the doctor’s) opinion that he’s doing this to try and remain in Sharpe Hospital instead of proceeding through the criminal justice system,” MacCallum said.

MacCallum said the prosecution would be ready for the April 8 hearing.

“We need to proceed in some fashion on the criminal side of this. We’ve got a capital murder case and an entire family (that’s waiting),” MacCallum said.

Kirby is currently being held without bail in the South Central Regional Jail. He stood in the corner of a room at the jail during Tuesday’s video hearing, refusing to be on camera.

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