MARTINSBURG, W.Va. (WDVM)– On July 2, a Bunker Hill man with multiple DUI charges pending was found not guilty by a Berkeley County jury for a 2016 incident.
33-year-old Matthew Ostendorf was found not guilty of driving under the influence after six hours of evidence and debate pertaining to his arrest on Christmas Eve 2016.
“I’m personally disappointed but I thank the jury for their careful deliberations and thoughtful consideration of the evidence and obviously couldn’t have criminal justice without their service,” said Prosecuting Attorney Ray Boyce. “The state would also like to thank Trooper Simerly for his continued efforts and vigilance in DUI enforcement and the West Virginia State Police at large for protecting the Berkeley County community.
Circuit Court Judge Michael Lorensen classified West Virginia State Trooper David Simerly an “expert” in sobriety testing, which, in a lengthy testimony, Simerly explained why he arrested Ostendorf for a DUI. However, DUI Defense Attorney Harley Wagner argued Simerly’s report filed over three years ago is different than his testimony given Tuesday.
“The jury returned a just verdict and we’re extremely pleased and I have a client who gets to go home to his two-year-old little girl,” said Wagner. “Without putting words in their mouth, I think that it was an impactful occurrence for them that there could be such a difference in what they heard on the witness stand and the report he did on December 24, 2016.”
Ostendorf is expected to reappear in court in October for his 2018 DUI death-related charges.