MORGANTOWN — Judge Phillip Gaujot told attorneys he plans to recuse himself from hearing the case of Jordan Lipscomb-Moffat, accused of setting fire to Destiny Deliverance Ministries, a Westover church.
Lipscomb-Moffat was set to appear in court for a plea hearing on Tuesday, according to the schedule. Instead, Assistant Prosecuting Attorney Chad Noel said the matter needed to be moved back to the trial docket, prompting Gaujot’s recusal.
Gaujot said he didn’t think he could remain unbiased or unprejudiced judge any longer, especially since the case was continuing on.
“My opinion is that this is a hate crime,” Gaujot said.
He said it couldn’t be proven but the thought was ingrained in him to the point the case should be handled by another judge. Gaujot said he would speak with Chief Circuit Judge Susan Tucker following the hearing to have the case moved.
Lipscomb-Moffat is charged with second-degree arson and conspiracy. His two co-defendants, Joseph Wilson Jr. and Michael Pyles, are also assigned to Gaujot. Wilson faces the same charges as Lipscomb-Moffat and is currently scheduled for trial, while Pyles is set to plea to accessory after the fact.
It was unclear if Gaujot planned to recuse himself from their cases as well.
The three were indicted by the May 2018 grand jury.
They are accused of setting fire to Destiny Deliverance Ministries on March 17, 2018. Westover Police Chief Rick Panico described the church as primarily black. The defendants are all white. The case was not investigated as a hate crime and Shirley Robinson, pastor, told The Dominion Post she didn’t think of the church as a black church.
A first attempt to set the church on fire, after breaking a window with a brick and pouring accelerant into the basement, was unsuccessful, Panico said. The men then left.
About 10 minutes later, a different vehicle pulled up, relit the fire and left. The first vehicle carrying Pyles, Lipscomb-Moffat and Wilson then returned to the church and they called 911, he said.
TWITTER @WillDean_DP
