Police photo array process under fire from judge in sex charge case

The officer who didn’t respond, with disciplinary proceedings about to commence, resigned, according to Clarksburg Police Chief Robbie Hilliard.

Meanwhile, Perrine became the suspect about a month after the incident thanks to a tip from the public, according to statements in court Wednesday.

Harrison Assistant Prosecutor James Armstrong insists the photo identification process was conducted fairly and strenuously opposed defense attorney Rocco Mazzei’s bid to suppress the array for next week’s trial of Perrine, 37, of Buckhannon, on three counts of first-degree sexual abuse.

Armstrong put on testimony from the lead investigator, Clarksburg Police Detective Sgt. Jason Webber. Webber testified that once Perrine became a suspect, he obtained the man’s driver’s license photo, as well as photos of five other males similar in appearance.

Webber put together an array with those six photos and then handed it off to his supervisor, Clarksburg Police Lt. Jason Snider, who testified he presented it to the accuser for identification. Webber testified he didn’t even know who Perrine was at the time he conducted the array process; that role of a neutral participant is required under the Eyewitness Identification Act.

Snider also testified that the accuser almost immediately selected Perrine as the suspect and remained steadfast even after he suggested she take more time to think about it. The lieutenant also said he had his detectives sign off on a statewide directive about the Eyewitness Identification Act well prior to the photo array, although he doesn’t believe the department has adopted an official policy.

Asked about the matter later by The Exponent Telegram, Chief Hilliard said his department follows the Eyewitness Identification Act policy, but it isn’t yet included in the department handbook.

Matish was concerned that the officers hadn’t identified the other five individuals in the array, as mentioned in the Eyewitness Identification Act. Additionally, he noted that the accuser apparently wasn’t asked whether her vision is corrected and, if so, whether she was wearing glasses or contact lenses at the time of the alleged attack.

Law enforcement also should have questioned the accuser about the location, time, distance, obstructions, lighting and weather conditions, Matish said, reading from the act.

The trial still can proceed even if the court suppresses the array, with the accuser then having to identify Perrine as the assailant from the stand, Matish posited.

Mazzei told the court plea negotiations continue.

Also:

— William Paul McKinney, 50, of West Union, has been sentenced to 3-10 years in prison by Harrison Circuit Judge John Lewis Marks Jr. for felony reckless fleeing and felony fleeing while driving under the influence.

The sentence will run consecutively to a Doddridge County term of 1-3 years for felony third-offense driving on a license revoked for DUI.

McKinney and his lawyer, Harrison Assistant Defender Vanessa Welch, had sought probation. McKinney told the court he had been sober for 14 years, from 1999 to 2013, until a domestic issue toppled him off the wagon.

Marks wasn’t impressed. He noted that McKinney was charged with DUI in 2001 and 2002 and faced drug-related charges in 2005, 2006 and 2011.

The judge also pointed out that Armstrong had dismissed a count alleging fleeing with injury as part of the plea agreement.

McKinney also was fined $1,000 and ordered to pay more than $14,000 in restitution to an insurer for damage to a water truck.

McKinney fled from a Doddridge County deputy on July 16, 2014, the indictment alleged.

McKinney’s flight ended with a wreck involving the vehicle he was operating and the water truck, State Police Cpl. Mark Waggamon has alleged.

A female passenger in the van operated by McKinney received injuries to her head and right shoulder, according to authorities. McKinney’s blood alcohol registered .240 following the wreck, Waggamon has alleged.

Welch said she will file a motion for sentencing reconsideration.

— Michael Edwin Barr, 50, of Shinnston, has been sentenced to 1-5 years in prison and fined $1,000 by Judge Marks for felony reckless fleeing.

The court cited the defendant’s lengthy criminal history. Additionally, the state waived its right to file a recidivist petition against Barr.

Harrison Assistant Prosecutor Traci Cook made no sentencing recommendation.

Harrison Chief Defender Perry Jones sought probation.

State Police Cpl. Martin Bailey investigated, with assistance from Cpl. Baron Claypool. Barr drove recklessly while fleeing from troopers on U.S. 50 and on secondary roads in the Chiefton Hill area. The defendant also is wanted in Florida on a parole violation.

— Harrison Assistant Prosecutor Laura Pickens is seeking to revoke the bond of Kristin Liberty Gustke, 29, of Parkersburg.

Gustke was convicted of misdemeanor possession of marijuana during a trial early last month. A mistrial was declared on two possession with intent to deliver counts (heroin and methamphetamine) after jurors couldn’t reach a unanimous verdict.

Gustke violated bond by testing positive for the use of amphetamines and methamphetamines Nov. 19 and Nov. 20 without a valid prescription, Pickens has alleged.

Judge Marks has set a hearing Dec. 14.

Harrison Prosecutor Rachel Romano said her office intends to seek a felony conviction against Gustke, whether it be through a plea resolution or a new trial.

— Randolph County Prosecutor Michael Parker has been appointed as special prosecutor in Harrison Commissioner Bernard Fazzini’s case.

Pat Wilson had been the special prosecutor previously, but didn’t seek an indictment; the identity of who presented to grand jurors apparently remains sealed. Wilson since has been recused at his request.

Fazzini is facing three counts of felony falsifying accounts and one count of felony false pretenses.

In May, Fazzini came to terms on a conciliation agreement with the West Virginia Ethics Commission resolving a pair of ethics complaints that had been filed against him in February. One of those complaints centered on allegations that Fazzini improperly obtained reimbursement from the county for travel expenses dating back to 2011.

— Trial for Brandon K. Lewis, 25, of Clarksburg, has been postponed until Feb. 8 by Marks, according to Cook.

Lewis’s new counsel sought the continuance.

Lewis was indicted on charges of burglary and unlawful possession of a firearm.

— Joel Richard Myers, 19, of Reynolsville, has been charged with receiving or transferring stolen goods in Harrison County by State Police Cpl. James Barker.

Barker has accused Myers of having an ATV at his residence that had been stolen from Doddridge County.

Myers also has been charged with grand larceny in Doddridge County.

Harrison Magistrate Tammy Marple set bond at $10,000 on the Harrison County charge and at $25,000 on the Doddridge County charge.

— Norman Mike Bowen, 33, of Clarksburg, has been charged with felony third-offense shoplifting by Clarksburg Patrol Officer Bill Swiger.

Bowen was involved in shoplifting 64 items, totaling $271.13, on Wednesday from the Emily Drive Walmart, Swiger has alleged.

Marple set bond at $15,000.

— Ashley Brooke Hustead, 27, of Clarksburg, has pleaded guilty to misdemeanor second-offense shoplifting and will be sentenced at a later date by Harrison Magistrate Warren “Gizzy” Davis.

Hustead’s plea resolved a case in which she had been charged with felony third-offense shoplifting.

Hustead shoplifted about $30 worth of merchandise Oct. 30 from the Emily Drive Walmart, Clarksburg Patrol Officer Dan Ingles has alleged.