MARTINSBURG, W.Va. — A circuit judge has ruled that former Berkeley County Sheriff’s Capt. Dennis Streets, 55, was denied a fair trial in August when a jury found him guilty of embezzlement.
An order signed by Judge John Yoder said the prosecution’s comments during closing arguments were improper and “constituted plain error.”
Streets’ attorney contended that Berkeley County Assistant Prosecuting Attorney Tim Helman wrongly referred to the defendant’s character in his arguments and had tainted the jury.
Berkeley County Prosecuting Attorney Pamela Games-Neely said the word “character” can be difficult in jury trials.
“That word gets you into hot water almost every single time,” Games-Neely said. “He thought he put it contextually and in this instance, the judge saw differently.”
Streets, who retired in January 2014 after 30 years with the department, had faced a maximum sentence of 1-10 years in prison after being convicted on one felony count of embezzlement in connection with the theft of multiple guns from the sheriff’s office.
The court’s order, signed Tuesday, overturned that conviction and set aside the jury’s verdict.
Games-Neely said Helman could appeal the ruling or simply prepare for a new trial.
“The assistants take a look at it,” Games-Neely said. “Tim’s already done the ground work for this one.”
A status hearing in the case was set for Dec. 17.
A sentencing hearing scheduled for Wednesday was cancelled.