KANAWHA COUNTY, W.Va. — The trial of an EMT accused of fatally striking a man will remain on hold while the West Virginia Supreme Court of Appeals considers a separate case that could affect whether the trial is moved to another county.
Kanawha County Circuit Judge Dave Hardy declined to immediately rule on a request from attorneys for Alyssa Middleton to change the trial’s venue, MetroNews reported.
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Middleton, 19, is charged with voluntary manslaughter, aggravated vehicular homicide and leaving the scene of an accident causing death, all felonies, in connection with the April 16 death of 45-year-old John Lucas.
Prosecutors allege the ambulance Middleton was driving struck Lucas in Elkview and that she continued driving, dragging him nearly two miles.
Middleton’s attorneys requested a change of venue because of the attention the case has received on social media. Hardy said he plans to wait for the state’s highest court to rule in an appeal involving Natalie Cochran, a Raleigh County woman convicted of murdering her husband.
Cochran’s attorneys contend the judge in her case should have moved the trial because of widespread publicity, even though a jury was successfully seated in Raleigh County.
“The attorneys for Ms. Cochran are arguing that today, with all of the social media and all of the instantaneous communication, that the judge should have gone farther,” Hardy said.
Hardy said the Supreme Court’s ruling could provide guidance for handling Middleton’s venue request.
“I think the Cochran case is going to be an opportunity for the Supreme Court to give us some instruction, or they’re going to say that what the Raleigh County judge did was absolutely correct,” Hardy said.
Middleton’s defense team also asked that the location of the trial be kept confidential if it is moved. Hardy denied the request, saying all proceedings would remain open to the public.
“Everything that’s going to happen in this trial is going to be in an open courtroom, including if the court would change venue,” Hardy said. “It would not be a sealed or a secret venue. It would be open and announced.”
The trial had been scheduled to begin in August, but Hardy granted a joint request from prosecutors and the defense to postpone it while both sides await additional evidence.
The outstanding evidence includes a report from the state medical examiner’s office detailing Lucas’ cause and manner of death. Assistant Prosecuting Attorney Ryanne Ball said the examination has been completed, but the report has not yet been released.
Defense Attorney Robbie Long said the findings could lead Middleton’s attorneys to seek an independent expert opinion.
Prosecutors are also awaiting medical records from Vandalia Health/CAMC. Technical problems transferring large files have delayed the delivery of some evidence to the defense, according to MetroNews.
Hardy scheduled a status hearing for Sept. 11 but said another hearing could be held sooner if the medical examiner’s report is received.
