By Beth Christian Broschart
The Parsons Advocate
PARSONS – Tucker County Circuit Judge Philip B. Jordan Jr. affirmed a Tucker County Magistrate Court ruling Thursday. David Cartwright, of Thomas, was originally stopped in Thomas on a seat belt violation. Official police documents accused Cartwright of ‘refusing to get back in his vehicle and taking an aggressive posture.’
Cartwright also faced charges of battery of an officer, which was dropped in March by Tucker County Magistrate Mont Miller. In April, Cartwright requested Jordan have a jury trial, but Jordan denied the request saying Cartwright was not entitled to a jury trial because he had a trial on the charges in Tucker County Magistrate Court.
Miller previously fined Cartwright $25 for not wearing a seat belt. He fined Cartwright $4.75 and court costs of $165.25 for failure to carry a license. He fined Cartwright $100 and $165.25 court costs. He was fined $50 for obstructing a police officer, and at the time, he told Cartwright he had 20 days to appeal the decision.
On Thursday, Cartwright denied there was no violation because there was no proof beyond a reasonable doubt that the claims against him contained the four elements of a crime = mens rea, actus rea, concurrence and causation.
“My hope today is that this court not only is prepared to hear a case concerning my constitutional rights, but has the jurisdiction to do so as none of the proceedings I have been forced and coerced into attending have either been willing to recognize nor accept the definitions of my substantive rights as presented and interpreted by the Supreme Court of the U.S. and that these proceedings are not anything more than another act of collusion between state agencies to conspire against my rights in the name of equity and extortion,” Cartwright said.
Jordan upheld the Magistrate Court findings Thursday saying “some of Cartwright’s findings in case law are accurate but they were just strung together. A little bit of knowledge is a dangerous thing – I think you are comparing apples to oranges.”
Jordan said the U.S. Constitution gives states rights, and that is what prevents anarchy. He dismissed the charges of count one.
“You do have the right to sue, but what you did was an illegal action,” Jordan said. “You cannot call him a kidnapper and you were trying to intimidate him from doing his job. If you want to appeal any of these charges you may do so through the W.Va. Court of Appeals.”
Also during Tucker County Circuit Court Thursday:
-Jordan issued a capias warrant for Clayton Matthew Carpenter for failure to appear.
-Jordan set a trial date for Kenneth Bott. He was charged with failure to pay hotel/motel tax, second offense in the amount of $4,110.14. LaMora told Jordan they were working on a possible resolution in the case, but had not come to any agreements.
