On February 18th, 2023 at approximately 10:30 p.m., Trooper J.D. Richards was informed of a female altercation that had taken place on the Left Fork Creek Road in Millstone. EMS had been called and enroute when Trooper Richards arrived on scene. He met with the 55 year old victim, Tammy Lynn Hivley and observed a large amount of blood coming from a “decent sized” gash in the back of her head. He attempted to administer first aid and asked the victim what had happened. Ms. Nicely stated that Wanetta Hefner and Richard Pollings had assaulted her.
Trooper Richards then spoke to the owner of the residence, Kimberly Marcou who informed him that the victim had shown up on her door step covered in blood and hysterical. She had came from 293 Left Fork Creek Road at Millstone, WV which was two houses down from the Marcou residence. Hively was transported to Minnie Hamilton Health System for treatment.
Trooper Richards traveled to the address given by the complainant where the victim had came from, making contact with the parties that Ms. Hefner said were responsible. After speaking with Pollings and Hefner, Hefner stated “everything that happened to the victim was because of her.” She told Richards that Hively had made a motion toward the victim’s sister, Velma Jane Waksmunski, age 52. Hefner then grabbed Hively by the arm, took her out on the porch and some comments that were in “poor taste” were made by the victim.
According to the accused, Waynetta Mae Hefner, age 48, she slapped the victim when she tried to move toward Ms. Waksmunkski. She then, by her own words, drug her by the arm outside the silence on the porch and tried to gouge out her eyes with both thumbs. She then noticed at this point in the struggle that her hands were covered in blood. The incident was not witnessed by the other bystanders at the residence who were sitting in the living room as the altercation took place.
Trooper Richards took Hefner into Custody on the charge of Malicious Wounding and transported her first to the WVSP Detachment in Grantsville for Processing and then to the WV Central Regional Jail. Following arraignment she is being held on $20,000, waiting for a preliminary hearing.
Hefner is charged under §61-2-9 of the Code of the State of West Virginia for Malicious or unlawful assault; assault; battery. Penalties for said offense are: (a) If any person maliciously shoots, stabs, cuts or wounds any person, or by any means cause him other bodily injury with intent to maim, disfigure, disable or kill, he or she, except where it is otherwise provided, is guilty of a felony and, upon conviction thereof, shall be punished by confinement in a state correctional facility not less than two nor more than ten years. fI the act is done unlawfully, but not maliciously, with the intent aforesaid, the offender is guilty of a felony and, upon conviction thereof, shall either be imprisoned in a state correctional facility not less than one nor more than five years, or be confined in jail not exceeding twelve months and fined not exceeding $500.
