Next Pagan’s Motorcycle Club member goes on trial for first-degree murder
By Esteban Fernandez | Times West Virginian December 10 2024
https://www.timeswv.com/news/tuesday_news/next-pagans-motorcycle-club-member-goes-on-trial-for-first-degree-murder/article_8b58e202-b653-11ef-a45a-0324516c1386.html
FAIRMONT — The next trial in the Pagan’s Motorcycle Club-related murder of Henry Silver began Monday in Marion County Circuit Court.
Investigators connected Derek Clem to Silver’s September 2022 murder that took place outside Carolina Arbors apartments in Carolina. He was indicted on a first-degree murder charge, as well as conspiracy to commit a felony and use or presentation of a firearm in the commission of a felony. Marion County Assistant Prosecuting Attorney Sean Murphy told the jury in his opening argument that circumstantial evidence connects Clem to a role in the crime. In his opening arguments Murphy said cell phone location data will play a large role in the state’s narrative.
“There’s phone calls between Clem and other Pagans,” Murphy said. “There’s a flurry of activity at 10 p.m., the phone is flying to the scene of the murder, then away.”
Murphy argued the evidence shows a series of stacking circumstances connects Clem to a role in Silver’s murder. He called the evidence black, white and overwhelming, signaling Clem’s failure to withdraw from a criminal conspiracy as telling on its own.
Thomas Dyer, Clem’s attorney, did not find Murphy’s opening argument intimidating.
“Sean’s made a lot of claims,” Dyer said. “Completely refuted by evidence. The purpose of the opening is to create anticipation of what you’ll hear. By the state’s own evidence, there were three or four different people who were present during the crime. So why did they indict six[men]? Absolutely meaningless.”
Dyer said police, led by Marion County Sheriff’s Detective Matthew Pigott, worked hard but left massive holes in their case against Clem, which the defense promised to explore.
Dyer also criticized the state for using Clem’s affiliation with the Pagans as part of their case against Clem. He said the parade of witnesses on Pagan’s culture was a distraction, because there was not a shred of eyewitness evidence that placed Clem at the scene of the crime. He also said there was no evidence Clem had a gun at the crime scene.
“The state’s evidence is that Clem’s cell phone is at or near the scene of the crime,” Dyer said. “Not a single soul will testify Clem was there.”
Before the jury heard opening arguments, Dyer made a play to have three letters written by Pagan Austin Mullins to fellow Pagan’s member Ryan Lane, admitted into evidence. Mullins admitted to his role in Silver’s murder in the letters. One major problem preventing the letters from playing a role at trial has been an inability to authenticate Mullins as the actual author of the letters.
Dyer tried to get around that by asking for the ability to have a witness who hand delivered the letters to testify what he knew about who wrote them.
However, procedural problems have so far prohibited the letters from entering into any trial. Marion County Circuit Court Judge David Janes said the reason was that since Austin Mullins will not testify in any other trial, the letters cannot be used in direct or cross-examination. Without proper examination, there’s no way for the jury to know how to weigh the evidentiary value of the letters.
Murphy also argued the letters are themselves not exculpatory of Clem’s role in Silver’s murder, and that the letters don’t contain details of the murder itself. Further, Dyer’s witness has his own hearsay problem, which dispute Dyer’s arguments can’t be overcome based on legal guidelines, Murphy said. Murphy also said that the original letters are being withheld by Lane’s attorneys, and can’t be forensically examined.
Janes sided with Murphy and prohibited the letters from being used at trial.
Attorneys spent much of the day recapping what is known about Silver’s murder. In September 2022, a group of masked men shot and killed Silver in the parking lot of an apartment complex in Carolina. Silver had been caught in an affair with the girlfriend of one of the Pagan’s, John Wolfe, who has already been convicted and sentenced.
Wolfe orchestrated the murder after Silver confronted Wolfe at the apartment, according to court testimony.
Wolfe’s ex-girlfriend testified on Monday, which Murphy used to establish motive for the crime. However, Dyer used his cross-examination to point out the ex-girlfriend has cheated with other men and none of them ended up dead. Dyer engaged in a line of questioning that seemed to lead toward victim blaming, implying Silver himself was a violent man.
The trial continues Tuesday morning.