PARSONS – One misdemeanor charge was dismissed and three trial dates were set for cases in Tucker County Circuit Court Wednesday by Tucker County Circuit Judge Lynn Nelson.
Tucker County Prosecuting Attorney Ray LaMora III said there was a motion to dismiss the charges against April Miller at the last hearing.
“The state, after looking at all of the charges, will concede that it probably could not prove the statutory requirements for the misdemeanor charge of permitting DUI,” LaMora said. “It would be difficult to prove control of the vehicle since it was not in the name of the person who permitted the DUI. The state stands by the rest of the charges.”
Miller, 29, of 914 S. Davis Ave., Elkins, was indicted on one count of child neglect resulting in serious bodily injury, two counts of child neglect resulting in death, two counts of possession of a controlled substance and one count of permitting DUI.
In August, Miller’s attorney, Tim Prentice, asked Nelson to dismiss all charges against her in Tucker County Circuit Court.
The charges stem from an accident in Tucker County on 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.
Nelson dismissed the misdemeanor charge of permitting DUI against Miller. The next hearing in the matter is slated for 9:30 a.m. Nov. 17.
Also in Tucker County Circuit Court:
A trial date was set for Charles Miller, 60, of Thomas. Miller was indicted by a Tucker County Grand Jury 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.
“The state does have one issue,” said LaMora. “I was informed yesterday of contact between the defendant and the victim. I just want to inform the defendant again, that he is to have no contact with the victim. If that is substantiated, I will make a motion to revoke bond.”
Miller’s attorney, Chris Cooper, said this was the first he heard of any violation of probation terms.
“Obviously, I would want to have time to respond to that,” Cooper said.
A trial date was set for James Waybright, 47, of 458 Smokey Hollow Road, Parsons.
Waybright was indicted on one count of felony sexual assault in the second degree. Police said he had intercourse with the alleged victim July 4, 2013, after she told him she did not want to have sex with him.
David A. Howell, 38, of 124 Long St., Hambleton, appeared with his attorney, Frank Bush. Nelson set a trail date in Howell’s case. Howell was indicted in February on two counts of sexual abuse in the first degree.