A Marion County judge granted a motion to dismiss a murder indictment in the deaths of two people.
Judge Patrick Wilson dismissed an indictment against Ryan Hubbs, 34, of Ohio, according to court documents. Hubbs had been charged with two counts of first degree murder in the deaths of David Glasscock, 64, and Sandra Glasscock, 65.
Back on October 30, 2017, Hubbs pleaded guilty to second degree robbery in Lewis County for carjacking a woman at a CVS Pharmacy in Weston, according to court documents. A judge sentenced Hubbs on that charge on November 7, 2017.
Prosecutors said that Hubbs then drove the vehicle to Marion County and collided with the Glasscock’s vehicle at the entrance of the Middletown Mall in White Hall.
Judge Wilson cited a West Virginia Supreme Court Case State v. Williams from 1983 that states “[d]ouble jeopardy prohibits an accused charged with felony-murder…from being separately tried or punished for both murder and the underlying enumerated felony.”
Judge Wilson said in order to effectively prosecute the murder charges in Marion County, the robbery in Lewis County would have to be retried and/or would result in trial of the murder charges and the robbery charge in separate prosecutions.
Judge Wilson said that the murder indictment in Marion County was entirely appropriate at the time of its return because there had been no conviction in Lewis County on the robbery charge. However, when Hubbs pleaded guilty to the robbery charge, prosecution in Marion County for the murder charges became indefensible because it would place Hubbs in double jeopardy for the same crime and punishment, according to court documents.
Judge Wilson said prior to conviction in either county, had the charges been amended, had the robbery charge been held until the murder charges could have been pursued, or had either county deferred venue of its charge to the other so all of the charges could be prosecuted together, the situation could be entirely different, according to court documents. Because Hubbs has pleaded guilty to robbery and has been sentenced for that charge, pursuit of murder charges in Marion County is not possible, said Judge Wilson.
The court does not disregard the fact that two innocent people are dead, said Judge Wilson. However, the court must apply the law as the law is written and interpreted by the supreme court. Dismissal of the indictment is the only legally sound decision for the court, said Judge Wilson.
Read court documents: