By: Cassady Rosenblum
The Tucker County Circuit Court convened with the Honorable Judge James Courrier presiding. The court heard several juvenile cases, as well as others including a right of way dispute, and a guardianship request. Also appearing in court were James Nelson and his son-in-law Lester Mook, with daughter Tammy Mook joining via audio, only.
Previously according to the state, Nelson and the Mooks burned down a vacation home at 1675 Dry Fork Road February 28th, 2019 after the owner refused to sell the property to them. An informant cooperating with the police first identified the three as the perpetrators, claiming that she had been present during the crimes. However, on a previous day, Nelson’s lawyer, Daniel James, took particular exception to the informant’s credibility, and objected vociferously.
While in court, the state decided to let Nelson go. Prosecutor Savannah Wilkins told the court that while she had combed through the evidence locker and spoken to the police, she had no evidence that would corroborate the informant’s testimony that Nelson had been present during the crimes. “I don’t believe I can meet that burden,” Wilkins said.
As for the Mooks, Wilkins said she believes there is enough physical evidence to link them to the crimes. Lester Mook’s lawyer, Pat Nichols, indicated the defense team will continue to try to undermine the informant’s credibility, and is seeking her mental health records, and previous criminal history. They also are interested in the informant’s phone records, noting that of about 80 calls she received in jail, “40 or 50” were from Staci Casstevens, who also happened to appear in Courrier’s court via teleconferencing August 20. On that day, Casstevens plead guilty to uttering a bad check in the amount of $75 dollars at Big John’s Family Restaurant in February of 2020. Casstevens is currently serving out a different sentence in Pendleton County. It is unclear how she is related to the informant in the Dryfork arson case.
Mook and Nelson, who have been out on bail, sat next to each other in court and remained impassive as they learned the Mooks will now go to trial alone.