A mistrial is declared in the murder trial of Michael Wayne Pennington Jr.
Mar. 23—TAZEWELL, Va. — A mistrial has been declared in the trial of a man charged with first-degree murder and other offenses relating to the April 2017 death of a Bluefield, Va., woman.
The trial of Michael Wayne Pennington Jr. started Monday before Circuit Court Judge Richard Patterson. Pennington has been charged with first-degree murder in the death of Kaitlyn "Katiee" Toler.
Toler's body was discovered on April 6, 2017 along Mountain Lane in Bluefield, Va. Pennington has been indicted on charges including first-degree murder, concealing a dead body, three counts of grand larceny, three counts of grand larceny with intent to sell or distribute, credit card theft, credit card fraud and receiving stolen goods from credit card fraud. Pennington had been living with Toler and Toler's mother.
An assistant medical examiner testified Tuesday that Toler died as the result of ligature strangulation, meaning a rope or some other object had been placed around her neck and used to cut off oxygen to her brain.
The Tazewell County Circuit Clerk's Office confirmed Wednesday that a mistrial was declared Tuesday. A new trial has been scheduled for April 24.
Pennington remains jailed at an Abingdon, Va., correctional facility, according to court records.
Commonwealth's Attorney J. Chris Plaster was not immediately available for comment Wednesday.
Pennington had lived with Kaitlyn Toler and had been married to her mother, Mary Toler, Plaster told the jury during the Commonwealth's opening arguements. He was addicted to drugs and stole belongings from both women. The stolen items, such as a laptop computer and a video game system, were sold at a local pawn shop.
On the same day Kaitlyn Toler was murdered, Pennington used her ATM card, Plaster said Monday. He told her mother that a person in a maroon car had given her a ride, but this car was never found by investigators or seen by anybody else. She also stopped responding to emails and text messages.
Attorney David Kelley, who is representing Pennington, told the jury during the defense's opening arguments that the evidence against his client was circumstantial.
"It's just not clear and certainly I can find no evidence that points directly to my client," Kelley told the jury then.
— Contact Greg Jordan at gjordan@bdtonline.com
Contact Greg Jordan at gjordan@bdtonline.com