Echols family has day in closed Marion County Circuit Court hearing
May 23—FAIRMONT — A hearing to consider a request to have a grand jury hear the case of Charles Echols III ended inconclusively Wednesday morning. Judge Patrick Wilson ended a closed door hearing by issuing a continuance in the matter.
John Shabazz, a family friend advocating on behalf of Echols, filed the petition after Marion County Prosecuting Attorney Jeff Freeman did not bring charges against two North Central Regional Correctional Facility employees involved with Echols' killing last July. Freeman reserves the right to bring charges against the two individuals involved in the killing, pending the results of the long-awaited autopsy results from the state medical examiner's office.
Wilson ordered Shabazz to not discuss the details of the hearing with the press. Shabazz, however, could speak broadly on the matter.
"We've gotten more done by petition than anything else," Shabazz said. "We got the prosecutor to admit something doesn't add up through his response to our petition."
Shabazz filed his petition on April 1 to have Echols' case heard by the grand jury. Freeman responded April 23. In his response, Freeman makes no direct assertion that something doesn't add up. However, Shabazz argued in an April 30 rebuttal to Freeman's response, that Costello admitted to killing Echols to police. The exact wording of Freeman's response was, "Echols was thereafter shot by Costello during the commission of the felony offense of Burglary and multiple offenses of violence to the person (s) of others (both felony and misdemeanor)."
Shabazz contends this is an acknowledgement that Costello shot Echols. Shabazz accused Freeman of defaming Echols by adding in the charge of felony burglary.
"Prosecutor Jeff Freeman has attempted to crowbar in a claim that Echols was a burglar in a failed attempt to felonize the victim, which would excuse and justify Costello's use of deadly force on an unarmed Black male ex-lover of his current lover," Shabazz said.
Shabazz's argument rests on his reading of West Virginia Code dealing with murder and manslaughter indictments. The code states when bringing an indictment for murder and manslaughter, it's not necessary to set forth the manner in which or the means which caused the death of the deceased, but that it's sufficient to charge that a defendant deliberately killed the deceased.
Freeman did not respond to a request for comment, presumably because of the Judge's order to not discuss the particulars of the case outside of the courtroom. However, his response to Shabazz's petition lays out the basics of the state's argument. Freeman said he declined to bring charges against Costello because the physical evidence on display the night of Echols' death appeared to support the self defense narrative provided by Costello.
Freeman also laid out his rationale for accusing Echols of burglary. Echols was in a former relationship with the house's occupant, and as such had access to the garage door code. Despite having access, Echols traveled uninvited and unannounced to the house and entered the building without obtaining permission from the occupant first. Since Echols entered the house unlawfully and then got into a fight with Costello, Freeman argued this meets the criteria for burglary.
This results of an autopsy on Echols could change that. Freeman said should the autopsy reveal Echols was shot in the back, there was a chance he would charge Costello with a crime. Freeman previously said the autopsy report would arrive sometime in late May or June. As of the hearing, there was no report yet.
The family has been waiting for the autopsy report to come out for over 9 months. Freeman reported long wait times at the State Medical Examiner's office.
While Freeman and Shabazz discussed the case with Judge Wilson, Gary Freeman waited outside the courtroom. Gary Freeman, no relation to Jeff Freeman, is the grandfather of Precious Echols, daughter of Charles Echols III. Frustrated at being excluded from the hearing, he expressed concern the justice system was shielding Costello.
To be clear, the meeting was designated as an In Camera hearing. According to Nolo.com, In Camera hearings are held in private chambers or when the public is excluded from a courtroom. Proceedings are held In Camera to protect victims or witnesses from public exposure, especially if the victim or witness is a child.
Judge Wilson also granted permission for Shabazz to discuss the details of the proceeding with Gary Freeman and Precious Echols.
Shabazz said they are seeking an attorney to represent them for the case. According to Shabazz, the next hearing in this case is expected in August.
Reach Esteban at efernandez@timeswv.com
