A Charleston man facing a first-degree murder charge for allegedly shooting a woman through his front door earlier this month will await trial at home.
Matthew Roohollahi, 30, was released Wednesday from South Central Regional Jail, after his father posted a $75,000 property bond that Kanawha Circuit Judge Jennifer Bailey set earlier that day. Roohollahi must be on home confinement as a condition of bond, the judge said.
Magistrates in West Virginia can't set bond for people charged with murder, and it's rare for circuit judges to do so.
Defense attorney Bill Forbes filed a motion Nov. 13 asking Bailey to consider bond for his client. Don Morris, who is Kanawha Prosecuting Attorney Charles Miller's top assistant, didn't object to the $75,000 bond with home confinement.
Prosecutors don't believe Roohollahi is a flight risk, Miller said Monday.
"It is not unheard of, there are people who get out on bond that are charged with murder and many that have [bond] set, but simply can't [post] it," the prosecutor said. "It really has to do with making sure they appear and are not at risk to commit another crime."
Roohollahi is accused of killing his uncle's girlfriend, Andrena Smith, on Nov. 10.
Smith, 22, had come to Roohollahi's house on Lakin Street around 1 a.m. to check on her boyfriend's relatives after hearing someone had shot at the home, according to police. Roohollahi may have mistaken Smith for the person who had shot at his home, Charleston police have said.
Attorneys Bill and Jesse Forbes, who represent Roohollahi, say the shooting was clearly self-defense. Police and prosecutors say, though, that Roohollahi was lying in wait when he fired his gun.
Jesse Forbes said Monday that the bond decision solidifies Roohollahi's self-defense claim.
"Bond is always discretionary, even in a first-degree murder case," he said. "But it can be very rare in a serious first-degree murder case and we are confident this case doesn't rise to that level."
Miller disagreed with Forbes' claim that the bond decision has anything to do with Roohollahi's claim of self-defense.
According to police, Jonathan Bush, 32, of South Charleston, fired several rounds at Roohollahi's home on the two days before Smith was shot.
Bush, who was charged with wanton endangerment on Nov. 10, and Roohollahi's sister, Omani, had recently ended their relationship, according to police. Matthew Roohollahi called Kanawha Metro 911 dispatchers to report that Bush had shot at his house. He eventually handed the phone to his sister, who continued to tell dispatchers about Bush, according to court documents.
While she was on the phone with dispatchers, a gunshot was heard, according to a criminal complaint filed against Matthew Roohollahi. Omani Roohollahi then told the dispatcher that Smith had been shot outside the residence.
Police wrote that Mark Elswick, Roohollahi's neighbor, told them that he saw Roohollahi fire the shot that killed Smith. Elswick had gone to Roohollahi's house to check on him after seeing the shots being fired at his house, according to police.
After his house was shot at, Elswick says he saw Roohollahi walking on their street holding a rifle with a mounted scope, police wrote. Roohollahi said "he was ready" if Bush were to return, Elswick told police.
When Elswick went to check on his neighbor, he was led up the stairs directly in front of the door. That's where he saw Roohollahi fire the shot that killed Smith, according to police.
Roohollahi had been lying on the steps with his rifle aimed at the door when he fired, police wrote. Elswick allegedly said there hadn't been any noises at the door and that no one had attempted to break in the house before the shooting, according to police.
Roohollahi and Bush both had preliminary hearings set for Nov. 18 in Kanawha Magistrate Court. Both agreed to waive their hearings and the cases were sent to a grand jury.
Bush is being held on a $250,000 cash-only bond set by Kanawha Magistrate Kim Aaron. Bush has faced multiple drug charges in Kanawha. He graduated from the county's drug court program earlier this year.
Roohollahi had no prior criminal history, his attorneys pointed out in their request for bond.
He is a recent law school graduate and previously worked as an intern for the Kanawha Public Defender's Office and at Pies and Pints in downtown Charleston, the motion states. He also has family in the area and his father, Mohammed Roohollahi, is well-respected in the community and has worked with Quality Builders for about 35 years, Bill Forbes wrote.
"Roohollahi is considered of good character and reputation in the community," the motion states. "Given the Defendant's strong ties to the community, family support, good character and reputation, the unusual facts and circumstances surrounding the alleged offense, and the Defendant's lack of any criminal history, the Defendant should be released upon a $75,000 bond."
If the judge had any hesitation, she could add the condition of home incarceration, Bill Forbes wrote.
The order Bailey signed granting the bond request states another condition of Roohollahi's bond is he, "shall not possess either actually or constructively any dangerous and deadly weapon."
Reach Kate White at kate.white@wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.