| Circuit Judge David Nibert denied a request yesterday by Calhoun Prosecuting
Attorney Matt Minney to obtain a blood sample for DNA analysis from murder
suspect Bobby Ray Shamblin of Normantown.
The hearing was canceled Monday in Grantsville, and was shifted to Roane
County.
Jerome Novobilski, Shamblin's attorney, protested the taking of the sample from
Shamblin, saying he is not under indictment, nor do the rules of discovery
apply.
Prosecutor Minney said the state has the right to collect evidence based on
probable cause, that the case is ongoing.
Judge Nibert said "Until I have more information, I cannot issue an order (to take
Shamblin's blood). Nibert said he wanted technical clarification. Another hearing
on the issue is scheduled in January.
"The problem is the small amount of blood on the weapon," said Minney.
The prosecutor would not confirm that a 16-gauge shotgun linked to the
Groves-Hicks crime scene was the murder weapon. That gun or another gun taken
from Shamblin's residence has a speck of blood.
The State Police crime lab has indicated the sample is so small, all blood analysis
needs to be done at the same time. They contend the test needs to be done to
separate the victim's blood from that of a possible suspect.
 Bobby Ray Shamblin (L) was charged last May with the double murder of Ward Groves and his
ex-wife Mary Hicks. He was released from Central Regional Jail on $100,000 bond
in June after State Police failed to provide sufficient evidence linking him to the
murders.
A magistrate ruled there was still probable cause to have Shamblin put before a
Grand Jury, which is scheduled next month.
Shamblin was charged with the crime based on a statement given to State Police
by 15-year-old Ronnie Rush, who said Shamblin was the subject who brutally
murdered the Sand Ridge couple while they were asleep in bed.
Rush is still in
custody, his case is being processed in juvenile court.
The State Police crime lab took Shamblin's Blazer to Kanawha County about two
weeks ago for forensics.
| 
