The case against Donald Carter was dismissed in the Greenbrier County Circuit Court on Thursday, February 27, by Judge Jennifer Dent. Carter had been indicted for sexual abuse and assault.
Previously, former Greenbrier County Assistant Prosecutor Britt Ludwig headed the case, with Prosecuting Attorney Patrick Via taking over in later 2019 after her departure from the position. In what was expected to be a status hearing on Thursday, Via introduced a motion calling for the case’s dismissal without prejudice.
“I would state for the record that motion was determined to be appropriate after lengthy conversations with the parent of the alleged victim in the matter,” said Via. “There is a lot of history in the case that we’ve been sorting through and in doing this with the approval and, in fact, the agreement entirely, by the parents of the child. It’s in the best interest of the child to do it.”
In June 2018, Carter was indicted by a Greenbrier County Grand Jury on four counts allegedly committed against a minor, including sexual abuse in the first degree, sexual assault in the second degree, sexual assault in the third degree, and abduction.
Throughout the case, the defense sought to subpoena several of the alleged victim’s medical records. In an August 2019 hearing, one instance of health information that was not filed under seal by the defense, an action Ludwig pushed back against.
“First of all, counsel here is in violation of the court’s protective order in these proceedings,” said Ludwig. “The protective order very clearly applies to the health records that were disclosed at the defendant’s request from the … health facility. … Counsel has now put that information in a pleading that is a public record, in violation of the court’s protective order. … No wonder this family doesn’t want these records disclosed – counsel has sought to weaponize this information against the victim.”
At that time, Carter’s attorney, John Byran, explained the information should have been in discovery and, had the case gone to trial, it would have been in the public record. The information was later refiled under seal, with a request for supplemental discovery approved.
Although now closed, Via also noted his request for dismissal of the case did not include prejudice, meaning that the incidents charged in the indictment could later be revisited.
“It is without prejudice so it being the allegation of a felony, it has the potential to be revisited, but I wanted the court to know that this … is very substantive,” Via said.
Bryan, did not object to the motion for dismissal.
“We would prefer that it would be dismissed with prejudice, obviously, so it’s not forever holding over my client’s head, but that being said we will not contest it,” Bryan said.
Acknowledging Via’s conversations with the alleged victim’s family, Dent dismissed the case.
Read more in the Monday, March 2, 2020, edition of The West Virginia Daily News.
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