PARSONS – A request for a mission to dismiss all charges was denied Monday in Tucker County Circuit Court. April Miller, 29, of Elkins, appeared with her attorney, Timothy Prentice, asking that charges stemming from an Aug. 2013 accident be dismissed – however, their request was denied by Judge Lynn Nelson.
Miller was originally charged with 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. The charge of one count of permitting DUI was dismissed in early Sept. 2014.
In the Aug. 7, 2013 accident, Miller’s boyfriend, Joshua Lee Watson, 20, of Elkins, Miller’s 7-year-old son and 8-year-old daughter, 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.
Prentice said the charges against Miller should be dropped.
“There is no scientific proof whatever of cocaine residue on a pipe at that time,” Prentice said. “I have not seen anything from the lab indicating there was cocaine residue. I realize the Prosecuting Attorney has requested those results.”
Nelson said he would not drop the charges, but would note Prentice’s objection, and set Miller’s trial for 2015.
Other hearings that day included:
Michael Hartzell, 47, of 676 Mulberry Ave., Clarksburg, was indicted by the Tucker County Grand Jury in February on one count of bribery in an official matter. Hartzell appeared with his attorney, Timothy Gentilozzi.
Hartzell was about to enter into a plea agreement, when Gentilozzi and Tucker County Prosecuting Attorney Ray LaMora III asked to speak with Nelson. After the conference, Nelson asked Hartzell if he had been drinking.
“No, sir,” Hartzell said.
“Would you be willing to take a test?” Nelson asked. “Law enforcement has a concern about that.”
Nelson ordered Hartzell be tested, and his alcohol level was 0.036 – a low reading – but Nelson delayed the plea agreement, asking Hartzell not to do that again.
Cody Eugene Lucas, 29, of the Mount Lake Park area of Maryland was arrested in March and charged with one count of possession with intent to deliver a controlled substance, marijuana. The original criminal complaint said law enforcement authorities found the marijuana after stopping Lucas’ vehicle in St. George after his vehicle’s headlight was burned out.
Lucas appeared with Prentice and pleaded guilty to one count of possession with intent to deliver. Nelson sentenced Lucas to three years of supervised probation.
