West Virginia grand jury indicts Donora man; he won’t waive extradition

A Donora man wanted in a neighboring state for murder and other allegations invoked his right Monday in Washington County Court to require West Virginia Gov. Jim Justice to sign an extradition warrant before he can be tried there.
Brian Lyon II, 39, was indicted in late June by a Marion County, W.Va., grand jury in Fairmont on charges of burglary; first-degree murder; first-degree robbery with a firearm; use of a firearm in the commission of a felony; kidnapping; first-degree sexual assault; and attempted first-degree murder.
Washington County Judge Gary Gilman convened an extradition hearing Monday for Lyon, who is incarcerated without bond.
Lyon declined to waive the extradition process.
Washington County Deputy District Attorney Leslie Ridge said the next step will be to apply for a warrant from Justice.
In West Virginia, Lyon is accused of stealing a pickup truck last September from Christopher W. Moses after killing the man and also shooting Dawn Smith, who survived.
The truck was later set afire alongside Interstate 70 in Somerset near the Avalon Motor Inn, from which he escaped. Police took him into custody last Oct. 1.
In Washington County, Lyon has requested a jury trial in a separate case in which charges include attempted homicide and aggravated assault.
Lyon is accused of stabbing Melvin Gray in the back from behind Sept. 23, 2019, in a trailer on Dolly Lane in Union Township.
Judge Valarie Costanzo has scheduled jury selection in the Washington County case for Sept. 14, according to assistant public defender Jacob Mihalov.