PARSONS – A Parsons man waived his right to a preliminary hearing Tuesday in Tucker County Magistrate Court. Terry M. Jividen, 58, appeared with his attorney Frank Bush before Magistrate Riley Barb.
Jividen is accused of one count of a convicted felon possessing a firearm, a felony. The charge may be presented to an upcoming Grand Jury. Barb said Jividen’s bond will continue as set prior.
According to police documents, “an individual has given a written statement that the defendant (Jividen) allegedly sold a .22 caliber pistol to this individual for $150 from the Charlotte’s Thrift Store and then bought the same gun back again for $100.”
In Tucker County Circuit Court Wednesday, Circuit Court Judge Lynn Nelson dismissed six counts against Charles Miller, 60, of Thomas. Miller was indicted by a Tucker County Grand Jury earlier on three counts of sexual assault in the third degree, three counts of sexual abuse of an incapacitated adult and three counts of sexual abuse by a parent, custodian or guardian.
Miller’s attorney, Jeremy Cooper, asked Nelson to dismiss counts 7, 8, and 9 – sexual abuse by a parent, custodian or guardian – saying the criminal code stipulates the victim must be a child. Tucker County Prosecuting Attorney Ray LaMora III said he did not oppose the motion to dismiss the charges since the alleged victim was not a child.
Cooper made a motion to dismiss counts 4, 5 and 6 – sexual abuse of an incapacitated adult. He and LaMora argued their cases and Nelson dismissed counts 4, 5 and 6.
Also in Tucker County Circuit Court Wednesday:
April Miller, 29, of 914 S. Davis Ave., Elkins. Miller’s case is continued for a later date. Miller was indicted on one count of child neglect resulting in serious bodily injury, two counts of child neglect resulting in death and two counts of possession of a controlled substance.
The charges stem from an accident in Tucker County Aug 7, 2013. Joshua Lee Watson, 20, of Elkins, a 7-year-old boy and an 8-year-old girl, all from Elkins, were killed when the Honda Accord they were traveling in went left of center for unknown reasons and was struck by a truck.
