By Andrew Clevenger
Staff writer
Charleston Gazette
CHARLESTON, W.Va. - When Calhoun County's prosecutor resigned this week, citing a rift between her office and the West Virginia State Police, police officials wondered what she was talking about.
But a county commissioner says local troopers have a history of "questionable performance."
State Police spokesman Sgt. Michael Baylous said he discussed Shelly DeMarino's contention with senior officers Thursday after news of DeMarino's resignation surfaced.
"They're not aware of any formal complaint that's been lodged. We don't know specifically what instances she may be referring to," Baylous said. "It's difficult for us to comment without knowing the specifics."
Shelly DeMarino submitted her resignation letter to the Calhoun County Commission on Monday.
"There have been matters that have arisen that I feel make it impossible for me to continue in this capacity," the letter reads. "The situation between myself and law enforcement has led me to this decision, as I do not feel I can effectively prosecute the criminal cases due to an irreparable breakdown in the relationship between my office and the West Virginia State Police."
DeMarino, whose letter does not go into more detail, did not respond to a request for comment Thursday.
She is the third Calhoun County prosecutor in a row to resign in the middle of an unfinished term, said County Commission President Bob Weaver.
"We're having difficulty finding a prosecutor," said Weaver, whose 280-square-mile county has fewer than 7,500 residents.
Under state law, the commissioners must select a Democrat as DeMarino's replacement, because that was her party.
Weaver said over the years he has complained numerous times about police conduct, but never in his official capacity as commissioner.
"The State Police in Calhoun County have unfortunately had a long record of questionable performance, losing evidence, and messing up murder trials," he said. "The West Virginia Supreme Court has overturned verdicts twice related to State Police problems in a murder case."
Weaver said he was referring to the case against Ronnie Allen Rush.
Juries twice convicted Rush of voluntary manslaughter, robbery and burglary in the shooting deaths of Warden Groves, 69, and Mary Hicks, 60. The couple was killed by close-range shotgun blasts as they slept in Groves' Sand Ridge house on May 15, 2003, and thousands of dollars in cash was stolen.
Rush, who was 16 at the time of the killings and has diminished mental capacities, was staying overnight at Groves' house, where he sometimes did chores. He drove one of Groves' cars to his father's trailer less than half a mile away to call 911, according to court records.
Rush was transferred to adult status and convicted in Calhoun Circuit Court in December 2004, and sentenced to up to 90 years in prison in March 2005.
The Supreme Court set aside his conviction in 2006, saying that State Police wrongly held and questioned Rush for hours, and some of his statements should not have been allowed at trial.
The case was tried again, this time in Jackson County, and Rush was again convicted in November 2007. The Supreme Court again overturned the conviction, this time because State Police Trooper Douglas Starcher, who testified during the case and sat at prosecutors' table during the trial, was seen talking to four jurors outside the courthouse during the trial.
DeMarino did not handle either of the previous trials, but was scheduled to prosecute Rush's third trial, with the help of Kanawha County assistant prosecutors Matthew Harvey and Woody Hill, on July 6 in Jackson County.
Baylous said State Police supervisors will look at the situation in Calhoun County and see if any more steps need to be taken.
"They're going to take appropriate action and follow up and see if there's anything that can be done to improve relationships, and whether there's a problem or a perceived problem," he said.
He said when the top law enforcement officer in any county feels a strained relationship with local State Police, he or she should feel comfortable contacting State Police headquarters in South Charleston.
State Police want to maintain good working relationships with county officials throughout the state, he said.
"That's the only way that we can be effective, is to work together to combat the problem of crime in the state," he said.
Weaver remains concerned that no action will be taken.
"There have been vital concerns regarding the State Police's performance in this county for a number of years, none of which seem to have been addressed or corrected by the agency," he said.
"It would be a major improvement to restore the important ethical and legal relationship between the police and the prosecutor in this county. We would like to see that happen."
Reach Andrew Clevenger at aclevenger@wvgazette.com or 304-348-1723.
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