West Virginia man accused of DUI resulting in death, set to enter plea in court

HARDY COUNTY, Va. (WHSV) - It has been more than three years since a Mathias, West Virginia man was arrested for an alleged DUI resulting in the death of a 21-year-old woman in Hardy County.

Now, after years of waiting, he is set to appear in Hardy County Circuit Court in June.

On Feb. 3, 2022, the Hardy County Sheriffs Office issued an arrest warrant for Gregory Spitzer for driving under the influence, which resulted in the death of Ashley Anne Mowery.

According to a criminal complaint filed by Captain H. J. Baniak with the Hardy County Sheriffs Office, on Feb. 1, 2022, Baniak was called to the scene of a crash between a car and a tractor trailer.

When he got there, the driver of the tractor trailer told him there was a third vehicle involved.

The driver told police an F-250 pickup truck sideswiped him after crossing the centerline, and the truck continued driving south on Route 259 toward Mathias.

The complaint states that Baniak found an F-250 just down the road. It had crashed into a utility pole with the defendant and his girlfriend still in in the vehicle.

Another car, a Ford Escape, was found down an embankment off of the left side of the road.

Through its investigation, HCSO determined that the truck hit the Ford escape head-on.

The driver of the Ford Escape, Ashley Anne Mowery, was pronounced dead at the scene.

The driver of the F-250, Gregory Spitzer, was taken to a hospital in Fairfax.

Baniak said in the complaint, when he was speaking with Spitzer, he smelled a strong odor of alcohol coming from him and added Spitzer had bloodshot and glassy eyes and was slurring his words.

It was reported that Spitzer admitted to drinking beer at a friends house before the incident. However, he was unable to provide an adequate sample during a breath test.

Two days later, the HCSO issued a warrant for Spitzer’s arrest, but he wouldn’t be arrested until nine months later on Nov. 3, 2022. His bail was set at more than $25,000.

On that same day, court records show his bail was paid for by Hardy County Commissioner David Fansler.

The next major development in this case comes over a year and a half later, on July 8, 2024.

That’s when Spitzer and his counsel filed a motion to recuse the prosecuting attorney and assistant prosecuting attorney of Hardy County from the case because the county commissioner paid for his bond.

The motion states “the bail forfeiture is a critical process for the commissioner, and places the prosecuting attorney’s office in a conflict.”

Since then, Grant County Prosecuting Attorney John Ours has taken over the case.

According to documents filed May 16, 2025, Spitzer is going to be back in court at 9:15 a.m. on June 16 to enter a plea.

As of May 22, Spitzer is facing charges of felony driving under the influence resulting in death, and a misdemeanor for aggravated driving under the influence.

WHSV reached out to County Commissioner David Fansler and Defense Attorney Daniel James for comment but did not hear back at the time of publishing.

WHSV also reached out to the Prosecuting Attorney John Ours but was told he had no comment.

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