HUNTINGTON, W.Va. (AP) – A West Virginia magistrate has been asked to block prosecutors from introducing evidence or witnesses during the trial of a man who overdosed in a car that crashed near a crowded playground.
The Huntington Herald-Dispatch reports 33-year-old Bradley Stephen Wyrick appeared in court Thursday on charges in last year’s wreck.
Wyrick and 34-year-old co-defendant Tabitha Wyrick are accused of overdosing that July while inside a car that then crashed feet from a crowded Huntington playground.
The crash prompted state lawmakers to call for harsher penalties for drug crimes near places such as schools and parks.
Defense attorney Gerald Henderson says prosecutors failed to timely disclose discovery evidence and the trial date wasn’t properly rescheduled.
Tabitha Wyrick pleaded guilty in October to DUI and was sentenced to six months in jail.