KINGWOOD — The State Supreme Court has ruled in favor of a Masontown man, and his attorney said it confirms the town has no power to prosecute as a city court under its current circumstances.
In its ruling Friday regarding Tommy Ray Lewis Jr., the State Supreme Court said there’s no evidence Masontown adopted any provisions of the state code as municipal ordinances. The town said it adopted the state code verbatim in its 1905 articles of incorporation.
The court ruled that there was no evidence of this adoption, or that Masontown updated its code when state code was updated or that the articles of incorporation are amended or added to automatically when state code changes.
And, while it’s typical for towns to adopt some of the state code, “those municipalities adopt their own numerical system to delineate that the prosecution is one for violation of a municipal ordinance,” the court wrote.
“Accordingly, we conclude that the Municipal Court of Masontown is proceeding in excess of its jurisdiction outlined in the West Virginia Constitution,” the court concluded.
“It is a big win for the little guy for once,” defense attorney Lisa Hyre said Monday. “Anything [Masontown] has enforced,” in city court, over the years based on state code was not legal, she noted.
Masontown Police can bring charges through magistrate court, but not city court, she noted.
Lewis was stopped by Masontown Police on May 12, 2016. Lewis was cited for going 40 in a 25 mph zone, possession of less than 15 grams of marijuana, possession of drug paraphernalia and no insurance.
A criminal complaint was issued by the Preston County Magistrate Court at the same time, based on the same traffic stop. The charges were possession with intent to deliver drugs, possession of a controlled substance, no insurance, speeding and carrying a concealed weapon without a license.
Lewis was arraigned May 13, 2016, and spent a day in jail before making bond. The magistrate court complaint was dismissed May 25, 2016, by the state.
Eight months after the arrest, a 10-count criminal complaint was issued by Masontown Municipal Court.
Almost a year later, Lewis said, he became aware police were looking for him to serve the complaint. Hyre attempted unsuccessfully to contact the city court and its attorney. She filed a request with Preston Circuit Court for a writ of prohibition, seeking to stop prosecution on the basis the statute of limitations had expired.
Masontown attorney Gail Lipscomb responded by showing the criminal complaint, which had been issued five months previously and charged Lewis with violations of the West Virginia Code.
Now Senior Status Judge Lawrance Miller Jr. refused to issue a writ of prohibition in June 2017 in Preston Circuit Court. Hyre appealed to the State Supreme Court. She also sought a ruling on the statute of limitations question, but the court did not answer that.
Lipscomb did not return a request for comment in time for this report.
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