Wednesday, January 21, 2004

Accused shooter dumps insanity plea



By Janice Morse
The Cincinnati Enquirer

HAMILTON - Tom West, accused of fatally shooting two people and trying to kill four others at a West Chester Township trucking company, withdrew his not-guilty-by-reason-of-insanity plea Tuesday. His lawyers reserved the right to use the insanity defense later.

West, whose birth name is Joseph Eschenbrenner III, has pleaded not guilty to two counts of aggravated murder with death-penalty specifications and four counts of attempted aggravated murder.

West faces a possible death sentence in a Nov. 6 shooting spree at Watkins Motor Lines Inc. that killed truck driver Haury, 50, and dispatcher Bob Lines, 65, of Springfield Township.

West also is accused of wounding three men - Billy F. Claywell, 48, of Cave City, Ky.; Glenn Brierly, 48, of Hamilton; and Gary Fissel, 50, of Huntersville, N.C. - and shooting at a Hamilton-area man, Ed Wasinger, 49.

West's trial is set for July 19.

During the Tuesday hearing, Judge Keith Spaeth issued an order forbidding police officers from trying to further question West.

West's lawyers, Noah Powers and Chris Pagan, requested the order, saying two West Chester officers went to the Butler County Jail in November and tried to talk with West without lawyers present. West Chester police Sgt. Steve Oakes said later his officers did not try to talk to West. Detective Matt Tombragel and Patrolman Gary Gabbard went to the jail to obtain a DNA sample, he said.

West clashed with his first court-appointed attorney, Greg Howard, who filed the insanity plea on his behalf.

West "remains adamant about it, that he's not crazy," said Powers, his current lawyer. "He has another story to tell at trial - and we're waiting to hear that story."

E-mail jmorse@enquirer.com