A pretrial diversion filed in the Summers County Circuit Court could bring an end to the state’s misdemeanor case against Alderson Mayor Travis Copenhaver.
In October 2018, an indictment was filed against Timothy D. Smith, Shannon C. Earhart, Lloyd W. “Billy” Lightner Jr., and Copenhaver, including three counts: conspiracy to commit a misdemeanor, giving false information to a member of the department of public safety, and obstructing.
“[The defendants] did unlawfully and knowingly, but not feloniously, conspire to commit the offense of giving false information to a member of the department of public safety and/or obstructing, misdemeanor offenses against the State of West Virginia,” reads the indictment. “[The defendants], being a member of the said conspiracy, committed an act to effect the object of the conspiracy, … give false or misleading information to a member or members of the department of public safety who were acting in their official capacity or capacities, … [and] did, unlawfully and knowingly, by threats, menaces, acts or otherwise, forcibly or illegally hinder, obstruct or attempt to hinder or obstruct a law enforcement officer or officers acting in his or her official capacity or capacities.”
The indictment arises from an October 2017 incident in which the four men, accompanied by Mccaden Brackenrich, pulled into the driveway of Frederick D. Tolliver in a side-by-side. According to the criminal complaint filed against Tolliver, he “stated [to police] that he observed headlights coming up his driveway, and what sounded like individuals making noises from a vehicle. [Tolliver] then stated that he began to shoot at the vehicle and the occupants in said vehicle without knowing who was in [it]. [Tolliver] then stated that there had been no threats of violence made toward him, and did not see any weapons being brandished [toward] him.” Three of the men were struck, including Brackenrich, an off-duty Alderson police officer.
According to testimony given by a state trooper who responded to the initial incident, the four codefendants had been riding in a side-by-side, “drinking some beers,” when they had an altercation with Tolliver. After the incident, the group went out for recreational shooting. On the way back to Earhart’s home, the group then pulled into Tolliver’s driveway “to mess with him after [the earlier] incident,” and Tolliver opened fire on the side-by-side.
Brackenrich was airlifted to Charleston Area Medical Center for critical care after the incident. Brackenrich was paralyzed as a result of his injuries. Another victim was taken to Greenbrier Valley Medical Center.
Tolliver, shortly following the incident, was arrested and charged with three counts of malicious wounding, and five counts of attempted murder, in Summers County Magistrate Court. However, a Summers County Grand Jury voted not to indict Tolliver for any crimes arising from this incident.
Concerning the 2018 indictment, an agreement between the state and Copenhaver was filed earlier this month, allowing for a pretrial diversion, a program in which first-time criminal offenders perform community service, obtain drug or alcohol treatment, make restitution, or other alternatives. If the defendant completes the program, the charges are dismisses.
“The parties hereto believe that interests of justice would best be served by a pretrial diversion agreement in the matter of the state of West Virginia vs. Travis Copenhaver regarding certain criminal charges for the misdemeanor crimes of false information to a member of the department of public safety, obstructing, and conspiracy to commit a misdemeanor.”
According to the agreement, the state would drop the three-count indictment after six months if Copenhaver completes 75 hours of community service and does not violate any laws.
As of press time, an order from Circuit Court Judge Robert Irons accepting the agreement has not been filed with the Summers County Ciruit Clerk, but Special Prosecutor Jennifer Crane confirmed his authorization of the agreement during a hearing earlier this month.
Two of Copenhaver’s co-defendents previously entered similar pre-trial diversion agreements. An order entered by Irons in April approved an agreement between the state and Smith, in which he agreed to testify “truthfully” against the co-defendants in the case. A similar order was issued by Irons in January in Earhart’s case.
Although the diversion would end the state’s case against Copenhaver, a civil case has been filed by Brackenrich against the four codefendants in the criminal case, Tolliver, and Edward Riffe in the Summers County Circuit Court, alleging negligence on their behalf leading to his injuries.
Read more in the Thursday, September 19, 2019, edition of The West Virginia Daily News.
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