| The trial against former Calhoun Chief Deputy Ron Bandy is set to commence tomorrow in Grantsville.
Special prosecutor Jerry Hough has requested Judge Tom Evans III for a pre-trial diversion, which would essentially put the Bandy case on hold.
Hough and Bandy's attorney John R. Teare agreed to the diversion, but Judge Evans indicated he wanted the case to go to trial.
Prosecutor Gerry Hough gave only brief reasons for his diversion request - the State Police have yet to provide transcripts of witness testimony, problems with the chain of custody of evidence and that some of the evidence was sold.
No other details have been made public.
Hough's proposal would essentially dismiss the case against Bandy after one year, unless new problems arise.
Deputy Bandy and April McCroskey, his girlfriend at the time, have been indicted on at least seven felony counts each related to the removal of guns and other items from an elderly couples house at Big Springs.
The couple had been placed in a nursing home at the time with Calhoun sheriff Carl Ballengee being appointed conservator.
Evans, declining to dismiss the case, questioned whose responsibly it is for deciding about a pre-trial diversion. He said parties could submit briefs prior to the trial date.
Evans indicated disapproval about what is happening with the case, saying both indicted individuals were government representatives, one a deputy and the other an Adult Protective Worker for DHHR.
The situation is further clouded by a pattern of poor performance by the WV State Police in Calhoun over a period of years, to which the agency has not been responsive in making corrections with improved supervision.
Most recently is the pending dismissal of a drug case against John M. Richards, indicted by a local grand jury on charges related to meth production in Grantsville. The Grantsville detachment disposed of the evidence.
Richards' attorney, critical of the situation, said "Staggering negligence is the conclusion most charitable."
Sources close to the WV State Police say lie detector tests are being administered to troopers that are currently or formerly attached to the Grantsville Detachment.
It is unclear whether or not the tests are linked to the Bandy case, or other problems of alleged professional misconduct.
The unconfirmed investigation is reportedly linked to missing money, or other items, apparently in the State Police's custody.
State Police Sgt. Dale Fluharty, who supervises the Grantsville detachment, declined to comment last week to a request by the Herald.
The request was to confirm that an internal investigation was being conducted.
State Police have yet to bring information to indict former Grantsville Police Chief Ron Gordon. Over a year has gone by, Gordon has been on home confinement much of that time.
Gordon has been accused of sexually abusing at least two women under his supervision, and a third woman described as a relative.
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