The attorney for a Clarksburg city councilman has withdrawn a motion seeking a new trial for his client.
Attorney Greg Schillace filed a motion on Feb. 3 requesting a new trial for Samuel "Zeke" Lopez, asserting that Lopez was entitled to a new trial based upon various evidential rulings by the magistrate court, including Lopez being precluded from inquiring into the bias, prejudice, and credibility of witnesses offered on behalf of the prosecution, which included officers involved in the case investigation. Schillace withdrew the motion prior to a hearing that had been scheduled for 1 p.m. Thursday with Magistrate Tammy Marple.
Lopez was convicted in January on a domestic assault charge in connection to an April 2 incident with his wife. Clarksburg City Council has scheduled a meeting for Thursday, Feb. 13 at 6 p.m. to determine if Lopez's conviction will impact his position on the council.
Magistrate Tammy Marple sentenced Lopez to a thirty day suspended sentence and one year of probation, in addition, Lopez is required to report to the Harrison County Day Report Center. Lopez is also ordered to pay $160.25 in court costs, plus an additional jury fee.