| Calhoun Teen Gets New Trial
charlestongazette
A state trooper's intimidation helped prompt the Supreme Court on Thursday to reverse a Calhoun County teen's voluntary manslaughter and robbery convictions in the fatal shootings of a couple.
Ronnie Allen Rush was granted a new trial after a majority of the justices concluded that his 2004 jury wrongly heard statements taken improperly from him by State Police.
But the ruling also upholds the decision to try Rush as an adult in the robbery and shotgun slayings of Warden Groves, 69, and Mary Hicks, 60.
Rush was 16 and deemed mentally impaired when the two were killed in their Sandy Ridge residence in May 2003. Rush had been staying with them at the time.
Rush asked to leave while he was being questioned by troopers at the Grantsville detachment. Rush alleges that 1st Sgt. Dale Fluharty said he could, but then "used anger and profanity to intimidate him into staying."
The court concluded that Fluharty's actions effectively meant that Rush was in custody. That should have required troopers to present the juvenile promptly to a magistrate. The failure to do so eliminates statements Rush gave afterward as evidence, the ruling said.
The jury convicted Rush of voluntary manslaughter, first-degree robbery, nighttime burglary and conspiracy to commit robbery. He was sentenced to consecutive terms totaling at least 45 years.
Justice Elliott "Spike" Maynard dissented from the ruling, and may file a separate opinion. Justice Brent Benjamin reserved the right to file a concurring opinion.
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