PINEVILLE, W.Va. — A Fayette County magistrate found earlier this week there wasn’t enough evidence against a state police trooper to forward a felony burglary charge to a grand jury but the trooper could face the charge again in the future.
Trooper James Bradford Fox was arrested last month in Wyoming County; He was charged by Pineville police with burglary and domestic battery.
Fayette County Magistrate Richard Pennell was appointed to hear the case and Raleigh County Assistant Prosecutor Brian Parsons was appointed as special prosecutor.
At a preliminary hearing on Monday, Pannell heard testimony and ruled there wasn’t probable cause to advance the burglary charge against Fox.
Special Prosecutor Parsons has the option of taking the allegations of burglary before a Wyoming County grand jury for possible indictment. There’s no word on what Parsons may do.
Meanwhile, there have been no hearings set in magistrate court in connection with the domestic battery charge, a misdemeanor. MetroNews wrongly reported earlier this week that the domestic battery charge had been dismissed. It has not been.
According the criminal complaint, Fox went to an ex-girlfriend’s house to fight a man but that man wouldn’t come out of the house.
There are conflicting statements on what happened next.
The woman and the man inside claim Fox pushed the woman and forced his way in. Another person, described in the criminal complaint as a possible witness, told police that he saw the woman open the door and push Fox. The witness said Fox had asked him to come to the house.
Fox remains free on bond. He was placed on administrative leave by state police pending the results of both the criminal and internal investigation.