MORGANTOWN, W.Va. — The Monongalia County jury that will determine whether or not a Morgantown business owner is guilty of murdering Kimberly Osborne is now scheduled to hear closing arguments and begin deliberations Tuesday.
Both the prosecution and defense rested their cases Monday. The accused, Joseph Nevera, chose not to testify.
The state’s final witness focused on the alleged long history of domestic abuse that was reported ahead of Osborne being found murdered in a shallow grave in 2024. The testimony included additional bodycam evidence of a second domestic incident that was reported to police back in 2022 and the response received from local domestic violence agencies afterward.
“He sat on top of me, I don’t know if it’s left marks because it happened a few hours ago, but he sat on top of me, and he choked me harder than he’s ever choked me before, right there on the couch,” said Osborne in the bodycam footage shown to the jury.
Monongalia County Sheriff’s Department Sergeant Jonathan Cunningham testified Osborne reported on the incident involving Nevera. He was charged with strangulation in January 2022.
In the footage, Osborne spoke about how Nevera choked her and her dog because she hid alcohol from him while he was in a severely intoxicated state. Much like in the first incident that was reported less than a month before the more recent call, Osborne expressed a fear that her life is in danger around Nevera when he’s drinking.
“He was the worst, he really was the worst, and I begged and begged him to stop,” said Osborne. “I feel guilty, I feel guilty.”
Rape and Domestic Violence Information Center Batterers Intervention and Prevention Coordinator Corey Russell was the state’s final witness. on Monday. He presented a questionnaire that was completed by Nevera after he was arrested for the second incident. In a standard response page that was answered by Nevera, Russell said it was acknowledged by Nevera there were numerous instances where he openly expressed a low view of Osborne and made it a point to be confrontational.
“In his first sentence, ‘I felt overwhelmed, spiteful, and pressured, Kim would ask me to do something, and I would say yes, and lie to her that I would take care of task, in all reality, I had no intention to do whatever she asked,'” said Russell, reading out Nevera’s own words. “Kim felt unheard, disappointed, and insignificant, I wanted to silence her.”
Defense attorney Christopher Wilson called no witnesses to the stand before resting his case.
Monongalia County Circuit Court Judge Cindy Scott told the jury that final instructions will be delivered to them ahead of closing arguments from the prosecution and the defense on Tuesday. Court is scheduled to reconvene at 9 a.m. on Tuesday.
“Tomorrow morning at nine o’clock, we’ll have the jury charge finalized, I’ll read that to you, and we’ll go right into closing arguments at that time,” said Scott addressing the jury before adjourning for the day.