By Bob Weaver
A re-trial of the murder case against Calhoun resident Ronnie Allen Rush, now 21, starts Tuesday in Jackson County.
Rush will be re-tried on the same charges he was convicted by a Calhoun jury in 2004.
Those charges include murder, robbery, burglary and conspiracy.
The re-trial was ordered by the WV Supreme Court after the WV State Police bungled the case, a request filed by Rush's public defender Teresa Monk.
Among a lengthy list of problems with the case, Rush (pictured left) had asked for an attorney during his interrogation, but State Police took a statement from him after his request, no attorney present.
Problems have continued to plague the State Police, from lost evidence to wrongdoing leading to the removal of an officer.
Rush was 16-years-old when he was first charged with murdering 69-year-old Warden Groves and 60-year-old Mary Hicks while they slept in their Sand Ridge community home in May 2003.
An effort to reach a plea agreement in the case against Rush failed earlier this year.
"The plea agreement requires Rush to be cooperative with the State," said Calhoun prosecutor Matt Minney at the time, indicating he must "turn state's evidence."
"He will be required to be forthright about what happened," said Minney. The agreement would have required Rush to plead to at least two felonies.
During the trial, Rush appeared to change his story about the murder numerous times.
Rush originally told police that Bobby Ray Shamblin committed the murders, and police brought charges against the Rosedale Rd. man.
Judge David Nibert dismissed charges against Shamblin, then 35, "without prejudice," which means they could be re-filed.
Officials continued to give indicators they still believe Shamblin was involved in the gruesome double murder.
When Prosecutor Matt Minney gave his opening statement in the original Rush trial, Minney said "The State does not say Rush worked alone."
The trial is expected to last through Friday in Ripley.
Read earlier HH stories on Rush Case.
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