(11/12/2007)
By Bob Weaver

A trial for former Calhoun County chief deputy Ronald Bandy is scheduled for Tuesday at 9 a.m. before the Calhoun Circuit Court, with a "trial/motion to dismiss" appearing on the court docket.

Gilmer County special prosecutor Jerry Hough has previously declined to comment on the status of the Bandy case, but during a recent hearing before Judge Thomas Evans III, he continued to seek a diversion in the case.

Hough has at least twice suggested a diversion in the Bandy case.

A diversion would essentially mean the case would be put on hold and if no further issues surface, the case would not be brought forward.

Bandy was indicted on eight counts by a Calhoun grand jury following an investigation by the West Virginia State Police: one count of grand larceny, three counts of burglary, three counts of conspiracy, all felonies, and one misdemeanor count for destruction of property.

Hough and Bandy's attorney John R. Teare had agreed to the diversion, but Judge Evans indicated at that time he wanted the case to go to trial.

Special Prosecutor Hough of Gilmer County, at a hearing earlier this year, indicated problems with the case, including State Police Cpl. Doug Starcher had yet to provide transcripts of witness testimony, also saying there were problems with the chain of custody of evidence and that some of the evidence was sold.

It is not clear whether those issues have been resolved.

Judge Evans expressed concern about the public's interest, being that Bandy was a law enforcement officer.


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