CHARLESTON, W.Va. — A potential trial for a former Kanawha County ambulance driver charged in an April dragging death remains on hold.
Alyssa Middleton, 19, is charged with voluntary manslaughter, aggravated vehicular homicide, and fleeing the scene of an accident-causing death, all felonies, in the April death of John Lucas, 45, of Elkview. Prosecutors allege Middleton ran over Lucas in the early-morning hours of April 16 and did not stop for two miles. Lucas died from his injuries.
Middleton appeared in court Friday afternoon before Kanawha County Circuit Judge Dave Hardy for a status hearing. During the last hearing in late July, the case was put on hold while the state Supreme Court of Appeals ruled on a Raleigh County murder case. Attorneys for Middleton had asked Hardy for a change of venue, and to seal that new venue behind closed doors.
The Raleigh County appeal in question is the Natalie Cochran case, the woman convicted of murdering her husband last year. Cochran’s attorneys are arguing that then-Raleigh County Circuit Judge H.L. “Kirk” Kirkpatrick should have allowed the trial to be moved, even though he successfully seated a jury in Raleigh County.
While Hardy ruled that any trial that occurred would remain open, he previously said they would wait until the state Supreme Court ruled on the Cochran case. As of yet, Hardy said there’s been no development there.
It’s also a waiting game for now on the state medical examiner’s report. Kanawha County Assistant Prosecuting Attorney Ryanne Ball reported to Hardy that the office followed up with the state medical examiner’s office Thursday, and are hoping to get the results soon. She pledged to share the results to Middleton’s attorneys, Robbie Long and Tim Carrico, upon receiving the report.
“Unfortunately, the best update that they could give us was that they’re still working on it,” Ball said.
“That’s all they can give you, they’re still working on it?” Hardy asked.
“Yes, your Honor. That is, I think, verbatim what we were told,” Ball affirmed. “They’re still working on it. They made some mention of waiting on toxicology results. So as soon as I have that, I will disclose that to Mr. (Robbie) Long, Mr. (Tim) Carrico, but as of right now, it’s just a waiting game from the medical examiner’s office.”
Since the July hearing, Long has made numerous pretrial motions on behalf of Middleton, asking for certain videos, images, and soundbytes to be shown to jurors in a potential trial. Long and Ball agreed to work together to determine what evidence to introduce at trial. According to Hardy, there are more than 1,000 pieces of evidence in the case.
Hardy approved an expert witness requested by Long, but did not that the cost for that expert’s service drew his attention. Long responded by saying he and Carrico researched to try and find the best expert they could.
Long also requested mental hygiene records on Lucas to determine whether or not “he was involuntarily hospitalized.” He indicated that Lucas’ reported reputation could play a factor in the case.
“We think that in a case like this, where Alyssa knew, even said his name on the video, she knew the alleged victim,” Long said. “We believe in a case like this that she has the ability and the right to show the jury pertinent character traits of him, namely, in this particular instance, his character trait of being dangerous to himself and/or others. We think that is a character trait that is visible under the law, and we think that access to those files would help us show that to the jury.”
Hardy scheduled the next status hearing in the case for October 13 at 1:30 p.m. He ordered those involved to notify the court immediately if they receive the medical examiner’s report.
Kanawha County Prosecuting Attorney Debra Rusnak spoke to MetroNews after Friday’s hearing, saying her office is getting ready for the hearing next month.
“The only way things would speed up would be by a mechanism of us turning over any additional evidence that we obtain, particularly the medical examiner’s report,” Rusnak said. “With respect to the timing of the next hearing, I don’t anticipate that to change. I expect we will be back here on October 13th, and hopefully get a trial date at that time.”