A St. Albans man accused of fighting and biting a police officer after trying to flee was sentenced to seven to 33 years in the penitentiary.Roy Dale McKean, 40, appeared Wednesday before Kanawha Circuit Judge Duke Bloom. McKean originally was charged with fleeing with reckless indifference to the safety of others, second offense battery on an officer, malicious wounding of a trooper, operating a clandestine meth lab and misdemeanor fleeing.Prosecutors said last November, police pursued McKean after he blew through a four-way intersection without a taillight on his motorcycle. After he wrecked his motorcycle, McKean punched and bit a police officer while attempting to flee with a portable meth lab in his backpack, prosecutors said."Even after pepper-spraying him in the face, the trooper had to ask a citizen to help him," said assistant Kanawha prosecutor Fred Giggenbach. "He is a violent and dangerous person who has a long criminal history of violence against police."
McKean's attorney Rick Holroyd filed a motion for a new trial, because a potential juror, when questioned if he knew McKean, said he arrested the man in a previous incident.
Holroyd said he made a motion for a new jury pool at that time of McKean's February trial.Bloom denied the motion for a new trial, saying he understood Holroyd's point but said an arrest isn't a conviction and said he told jurors they shouldn't consider that statement as evidence related to this case.Bloom also said he asked jurors if that statement affected their judgment, and said jurors responded they would be fair and impartial.When he addressed the court, McKean said he had time to think about what he did and said he thought there was evidence not brought to the court's attention."I don't have enough evidence to have a fair trial," McKean said.Bloom said he could address those matters on appeal.