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In Calhoun Defense

Reprinted from Glenville Democrat/Pathfinder, June 23, 2005:

(Reporter's Response follows below)

Slow chase through Gilmer leads to concerns about Calhoun’s preparedness Early Sunday morning a week ago, a potentially dangerous youth runaway episode was defused in Grantsville with the help of Gilmer County Sheriff Mickey Metz and Glenville City Police Lieut. Sam Cutlip who were part of a four-county, slow-speed chase after the two troubled teenagers in a stolen tractor-trailer.

 The good news was that no one was injured or no taxpayer-owned vehicles were damaged during the apparently hairy 70-mile chase, but the bad news was that the Calhoun County authorities didn’t seem to be prepared to deal with this emergency case involving two juveniles. That is both inexcusable and deplorable!

 Strangely, a frustrated Lieut. Cutlip describes that neither the Calhoun County magistrate’s court wanted to arraign the youths and remand them to a juvenile detention center nor did the Calhoun Dept. of Health and Human Services case worker want to take custody of them. In fact, according to the Glenville City Police Report, the DHHR employee refused to transport them back to the Pressley Ridge Detention Center in Harrison County or to that distant county’s magistrate court.

 As a result, Lieut. Cutlip, who works on the small city of Glenville’s “nickel,” so to speak, was saddled with the time-consuming and expensive chore of returning the boys to Harrison County for a magistrate’s court arraignment. This incident, no doubt, turned into a costly “good deed” for the taxpayers of this city, not to mention the uncovering of the apparent confusion, or possible dereliction, of duty in that neighboring county.

 It seems bad-enough that a DHHR case worker would reportedly shirk that agency’s responsibilities in this particular emergency child care incident, but more shocking that neither Calhoun County Sheriff Carl Ballengee nor that county’s State Police would step forward to insure that those teens were safely returned to Clarksburg.

The two apprehended 15-year-olds, who were charged in Gilmer County, in part, with joyriding, were purportedly confused, tired and ready to cooperate. Their runaway attempt from Pressley Ridge had failed and they just wanted to go home.

It’s a great shame that Calhoun County’s authorities couldn’t deal with this problem. And, maybe they had better learn how to--just in case it happens again. Kids will be kids, and troubled teens will be troubled teens! _

 DHC [David H. Corcoran], Sr., Publisher-Editor

 *  *  *

 Dear Mr. Corcoran,

 In reviewing your concerns and complaints about the handling of the juveniles who recently stole a tractor trailer (and after discussing the evening with those involved in Calhoun County), I feel compelled to defend Calhoun officials’ actions on the night in question.

 The statement that “neither the Calhoun County magistrate’s courts wanted to arraign the youths,” is both misleading and incorrect. In fact, magistrate Rick Postalwait was in town immediately following the incident, but West Virginia State Law §49-5-8 requires him to wait for a juvenile petition before addressing the issue in magistrate court. He waited, in person, for officials from all counties involved to make a decision on filing such a petition, and finally went home to wait for their decision and phone call. No such petition was ever filed. Magistrate Teresa Robinson was not contacted at all that evening.

 The comment that Calhoun’s Health and Human Services case worker didn’t “want to take custody” of the juveniles is insinuating an attitude that did not exist. The case worker called was a small female, who could have been easily overpowered by two juveniles. There were also concerns that a female adult with two male juveniles could be construed as inappropriate, as well as unsafe for the case worker.

 As for Glenville police officer Cutlip being “saddled” with the “chore” of transporting the juveniles--it was, after all, officer Cutlip who first came behind the tractor trailer with his lights flashing as the vehicle traveled through Gilmer County. In essence, he initiated the physical chase; Harrison County officials merely tracked the vehicle via satellite.

Both officer Cutlip and Gilmer County sheriff Mickey Metz crossed the county line, outside their jurisdiction, to continue the chase, even though sheriff Carl Ballengee and Calhoun State Trooper Jeff Hunt were by then involved in the chase and on hand.

 Thus, officer Cutlip initiated police involvement, and, on Gilmer’s “nickel,” both Gilmer officers continued to participate in the chase as it progressed in Calhoun County. If they did not want to share some responsibility for the call, why then did they continue to be involved outside their jurisdiction? I have also been told that officer Cutlip volunteered to transport the juveniles, or at least accompany the case worker in the transport, if needed.

 Readers should be reminded that these juveniles, upon their capture in Calhoun, were merely charged with laws broken in Calhoun--mainly traffic citations. Charges concerning the theft of the vehicle and escaping detention--much more serious charges-- were filed within Harrison County. How unfortunate that Harrison County officials, who work on that area’s “quarter,” (as opposed to “the small city of Glenville’s nickel” or Calhoun County’s “penny”) could not come to retrieve their wayward children.

 Instead of suggesting that Calhoun officials “shirked” their responsibility, one should wonder why Pressley Ridge or Harrison County did not send someone to get the juveniles entrusted to Pressley Ridge’s custody who were now facing serious charges in Harrison.

 Again, returning to W.Va. State Law §49-5-8, “Upon taking a juvenile into custody, with or without a court order (in this case, without) the official shall (among other things): release the juvenile into the custody of his or her parent, guardian or custodian . . .”

 Calhoun County’s DHHR case workers are not specifically trained or prepared to deal with such situations, nor should they be expected to deal with such. The ultimate responsibility for the custody of these children was the courts, and specifically, Pressley Ridge.

 I understand your concerns about safety, of both the juveniles and of officer Cutlip, who drove miles on little sleep. Perhaps you were not aware that Calhoun sheriff Carl Ballengee had already made one trip to Clarksburg that evening, on a mental hygiene transport. Would he have been a safer driver? Or would it have been better for a small female to spend two hours with male juveniles, opening herself up to possible danger or unfounded scrutiny?

 Or would you prefer that Grantsville’s only police officer be unavailable to our town for hours on end to address issues of crime and safety here. Perhaps you forget that even after the chase ended and the juveniles were “captured,” a tractor trailer was left blocking part of Main Street in Grantsville.

Your words noting that Calhoun County officials “shirked” their responsibility, and “wouldn’t” or “couldn’t” deal with this problem are unfair. Calhoun County officials did the best they could within state law and with resources available.

 It is also a shame that officer Cutlip would begrudge working with Calhoun County, as it has in the past been common practice for the two counties to work together--especially in transporting those in custody, juvenile or adult. Besides, if the juveniles were also charged in Gilmer, they had to be transported there for processing as well anyway.

 In Calhoun County, we were pleased to see officials from several counties working together. It is disappointing to find that in the end, the lamentations of a single frustrated officer can taint such cooperation.

 If anything, your suggestion that Calhoun County officials learn to deal with such problems should be issued to all counties involved. After all, the truck was permitted to travel through four counties before it ever arrived in Calhoun.

(Editor’s Note: This column was also printed in The Glenville Democrat/Pathfinder as a “guest editorial.”)

This Week's Editorial:

By Helen Morris:

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