FAIRMONT, W.Va. — The man accused of causing an accident that resulted in the deaths of an elderly couple is arguing that charges filed against him in Marion County constitute “double jeopardy” and should be thrown out.
Ryan Ashley Hubbs, 35, formerly of Paris, Ohio, is serving a 10-18 year sentence for an October 2016 carjacking in Lewis County.
“We moved to dismiss based on double jeopardy because he’s already been previously convicted of essentially the same facts of this case by way of plea in Lewis County based on that robbery,” defense attorney Matt Delligatti said.
On the same day of a carjacking, Hubbs was involved in a car accident in Marion County that resulted in the deaths of 64-year-old David Glasscock and 65-year-old Sandra Glasscock.
“The state’s theory of the case is that that robbery was still ongoing essentially when we wrecked into Mr. and Mrs. Glasscock, and they died as a result of that car accident,” Delligatti said.
Double jeopardy is the prosecution of a person twice for the same offense, an offense in violation of the 5th Amendment of the U.S. Constitution.
“I think that we’re both very confident that this is double jeopardy and that the case should be dismissed,” Delligatti said.
Delligatti and co-counsel Ashley Smith argued that the indictment in Marion County should have been part of the Lewis County indictment. Hubbs was convicted and sentenced in the vehicle hijacking last year.
Judge Patrick Wilson did not make a ruling Tuesday, saying he would make a ruling at a later date.
No date has been set for Hubbs’s next appearance in court.