CHARLESTON, W.Va. — A Kanawha County circuit judge agreed Monday to move a murder trial to late July.
Circuit Judge Kenneth Ballard granted a motion from prosecutors to reschedule the trial of Michael Wayne Smith from this week until July 24.
Smith, 43, allegedly killed Cheyenne Johnson in 2021. Her body was found in a deep water well in the Sissonville area.
A co-defendant in the case, Virginia Smith, 30, no relation to Michael Smith, pleaded guilty to first degree murder on Feb. 23. She’s scheduled to be sentenced on April 10.
Kanawha County Assistant Prosecutor Debra Rusnak told Ballard during Monday’s hearing that a key witness is currently unavailable.
“The medical examiner that performed the autopsy in this matter is out on medical leave,” Rusnak said.
Michael Smith’s attorney, Lauren Thompson, said given the circumstance she realized the defense couldn’t object but she did indicate July was a long time for her client to wait for trial.
“That seems like a long wait judge,” Thompson said. “I hope that when July comes it won’t be continued again.”
Smith remains in the South Central Regional Jail without bail. He appeared at Monday’s hearing through Microsoft Teams.