CHARLESTON, W.Va – Another hearing is set for Thursday in the case of Alyssa Middleton, the former Kanawha County EMT accused of hitting and killing Elkview man John Lucas with an ambulance earlier this year.
Kanawha County Circuit Judge Dave Hardy is expected to hear arguments regarding a motion to disqualify Kanawha County Prosecuting Attorney Debra Rusnak.
Rusnak requested that her office be removed from the case late last month, citing the case’s publicity and strained relations with Lucas’s family and friends. Those issues allegedly included threats that led to a 24-hour law enforcement presence at Rusnak’s home.
The Lucas family released a statement through its attorney following Rusnak’s request that read in part:
“At no time has the family engaged in conduct against the prosecutor or her staff that could reasonably be interpreted as threatening. The family feels that the motion does not accurately reflect their perspective. The family has expressed their concern about the quality of communication between the prosecutor’s office and John’s family.”
Middleton is charged with voluntary manslaughter, aggravated vehicular homicide, and leaving the scene of an accident causing death. She is accused of hitting Lucas with the ambulance and continuing to drag him under the vehicle for nearly two miles.
If Hardy grants the request to disqualify, the West Virginia Prosecutor’s Institute would appoint a special prosecutor to the case.
The judge is also waiting for a potentially precedent-setting ruling from the West Virginia Supreme Court of Appeals in a separate case before deciding whether or not to grant a change of venue for Middleton’s trial.