WV MetroNews
The Voice of West Virginia
MORGANTOWN, W.Va. — Photo gallery and video recap from WVU’s 11th spring practice.
(Photo gallery by Teran Malone)
(Neal Brown press conference)
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MORGANTOWN, W.Va. –– The state Supreme Court made its annual visit to the WVU College of Law Wednesday taking up four cases on its argument docket.
Chief Justice Tim Armstead, a graduate of the WVU College of Law, said the visits give students the opportunity not only to watch cases but also interact with and ask questions of the justices and attorneys presenting arguments.
“They’re hearing to do that and to talk with the students about the cases,” Chief Justice Armstead said. “So really, from an appellate court standpoint, this is one of the most hands-on experiences they’ll have at the WVU College of Law.”
The Court had both criminal and civil cases on its docket.
One, the appeal of the Marion County murder and sexual assault case against Brian Lyon, questions jury instructions and alleged inappropriate comments made by the prosecutor to the jury. Lyon was sentenced to life plus 150 years. Another case alleges property owned by a Morgantown realty company was taken without just compensation in violation of the State Constitution by the city of Morgantown for streetscapes and entry projects in the Sunnyside Up Tax Increment Finance District.
“Some will pursue a career in criminal law, perhaps as a prosecutor or public defender, and others will be on the civil side,” Armstead said. “That’s one of the reasons we try to give a mix of cases.”
First-year law student Caityln Kinsey said she was excited to watch trained professionals do the job she hopes to do someday.
“At the appellate level, it’s all about things like jury instructions and all the technicalities of a trial,” Kinsey said. “I’m most excited to see how the seasoned attorneys operate and present themselves.”
Parker Stout is also a first-year student who just did an academic version of oral arguments and now he gets to witness the Court and attorneys at work.
“I’ve never seen the Supreme Court oral argument before,” Stout said. “We just did our own oral arguments, so it will be exciting to have it done by real attorneys.”
Armstead hopes the statewide tours make the court and justices more approachable and understandable. For the students, watching the court in action gives them a realistic experience to take back to the classroom and into their careers.
“We’re hoping that by going out throughout the state as we’re doing today at the WVU College of Law, they see that this court system is not quite as intimidating as they think it is,” Armstead said.
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Attorney General Patrick Morrisey is considering potential legal responses after a federal appeals panel concluded a state law can’t prevent a transgender girl who takes puberty blocking medication from participating in her school’s cross country and track teams.
“We’re analyzing it, but we will be challenging it,” said Morrisey, a Republican, speaking today on MetroNews’ “Talkline.”
The case was decided Tuesday by a three-judge panel of the Fourth Circuit Court of Appeals, which covers the area that includes West Virginia. In the majority were U.S. appeals judges Pamela Harris and Toby Heytens. Dissenting was their colleague, Steven Agee, who said the ruling went too far.
Lawyers for middle schooler Becky Pepper-Jackson — or B.P.J., as she is identified in court filings — challenged West Virginia’s law under Title IX policy and the Constitution’s Equal Protection Clause. She sought to participate in her middle school’s track and cross country teams.
“The question before us is whether the Act may lawfully be applied to prevent a 13-year-old transgender girl who takes puberty blocking medication and has publicly identified as a girl since the third grade from participating in her school’s cross country and track teams,” Judge Heytons wrote in the majority opinion. “We hold it cannot.”
The majority ruling, written by Heytens, was careful to define what it does not do.
“We do not hold that government officials are forbidden from creating separate sports teams for boys and girls or that they lack power to police the line drawn between those teams. We also do not hold that Title IX requires schools to allow every transgender girl to play on girls teams, regardless of whether they have gone through puberty and experienced elevated levels of circulating testosterone.”
Morrisey agreed the ruling does not invalidate West Virginia’s law. More narrowly, it’s a ruling that allows the plaintiff, Becky Pepper-Jackson, to participate in school athletics competition on the girls teams. However, Morrisey said there could be consequences beyond this particular case.
“It’s supposed to apply to the specific student. Obviously there will be a lot of people if they are similarly situated, they may cite that or decide to go to court,” Morrisey said. More broadly, he said, “the import of this is that this is a very significant setback for the law’s status.”
Morrisey alluded to appeals possibilities that include asking all of the judges of the Fourth Circuit to review the case — or petitioning for consideration by the U.S. Supreme Court.
“There are two options. You can go en banc to the whole Fourth Circuit where you get the whole sitting of the court or you can go right up to the U.S. Supreme Court. The Title IX question is teed up, and I think that if this goes up to the high court I am predicting you’re going to have a very different decision.”
In 2021, West Virginia joined dozens of states placing restrictions on transgender athletes’ participation on sports teams.
House Bill 3293 defines male and female “based solely on the individual’s reproductive biology and genetics at birth.” It says “any student aggrieved by a violation of this section may bring an action” against a county board of education or college “alleged to be responsible for the alleged violation” — intended to allow lawsuits over anyone contending a transgender athlete was gaining advantage in sports.
Becky Pepper-Jackson, according to filings in the case, was born male but identified as a girl from a very young age. By third grade, she was living as a girl at home and told her mother and father she did not want to keep going to school dressed as a boy.
More recently, she was diagnosed with gender dysphoria and had been receiving puberty-delaying treatment for almost a year when West Virginia passed the bill affecting transgender athletes.
Her federal lawsuit was aimed at being able to participate on the cross-country and track teams at Bridgeport Middle School.
The appeals panel took note of the many steps Pepper-Jackson had taken in her identification as a girl, including the use of puberty-blocking medication. By doing so, her body has not gone through the effects of puberty associated with increased strength and speed, the panel concluded.
“Because B.P.J. has never felt the effects of increased levels of circulating testosterone, the fact that those who do benefit from increased strength and speed provides no justification— much less a substantial one—for excluding B.P.J. from the girls cross country and track teams,” according to the majority opinion.
ACLU West Virginia, which provided legal support for Becky Pepper-Jackson, praised the appeals court ruling.
“We hope today’s ruling sends a message of hope to the trans youth of West Virginia,” said Aubrey Sparks, legal director of the ACLU of West Virginia, “and a message of warning to politicians who continue to dehumanize this vulnerable population.”
West Virginia is one of at least 24 states with a law on the books barring transgender women and girls from competing in certain women’s or girls sports competitions.
The bans are in effect in Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Wyoming.
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CHARLESTON, W.Va. — A COVID-era program meant to help West Virginia homeowners become more financially stable is coming to an end.
That’s because funding for the West Virginia Homeowners Rescue Program is running out.
Jessica Greathouse, special programs manager for the West Virginia Housing Development Fund, said they’re encouraging homeowners who’ve been impacted by the COVID pandemic to apply for the program while they still have time.
“This program is allowing us to save homes from foreclosures, keeping them from being sold on the courthouse steps and literally putting roofs over people’s heads with the home repairs program,” she said.
Since March 2022, the program has connected more than 6,300 West Virginia households with nearly $32 million in tax-free federal funding. About $50 million total was appropriated to West Virginia to provide the services.
Greathouse said there is a limited amount left to help homeowners with their past-due mortgages, utilities, property taxes, insurance premiums and home repairs.
“The program is only as good as the money lasts,” she said. “We have a little bit left and so we’re encouraging people that, if they haven’t applied yet and they had had a COVID-related hardship, they should apply.”
In July 2023, the program began offering up to $10,000 to help qualified homeowners make critical repairs to their homes. The program has paid out nearly $4 million since then.
With that money, homeowners have replaced damaged roofs and worn-out HVAC systems and fixed plumbing, electrical, and structural issues. The program also helps pay for late utility bills, taxes and homeowners’ insurance.
A homeowner must be 60 days behind in their mortgage payment. The cap on those payments is at $20,000.
To be eligible for the program, applicants must:
- Own and reside in the home in West Virginia as their primary residence
- Attest to experiencing a COVID-related financial hardship
- Be at least 60 days behind in their mortgage and/or at least one installment payment behind in their utilities, taxes, or insurance
Homeowners do not need to be delinquent in their mortgages to qualify for home repair assistance, but they must:
- Submit a signed bid from a licensed, insured contractor and photos of requested home repairs
- Submit proof of identification, residency, ownership, and income, as well as statements from creditors showing past-due amounts owed; and
- Provide proof that they are up-to-date on their mortgage payments or that they do not owe a mortgage.
To learn more about eligibility guidelines, required documents, covered expenses and to access the online application portal, visit www.wvhomerescue.com.
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PENCE SPRINGS, W.Va. — The Summers County Sheriff’s Department is investigating a deadly crash.
The single-vehicle wreck occurred at around 3 p.m. Tuesday on county Route 3/12 in the Pence Springs area.
Authorities said Estil Burns, 54, of Lewisburg, lost control of his vehicle which struck a roadside embankment.
Burns died at the scene.
An investigation into the crash is continuing
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CHARLESTON, W.Va. — The Kanawha-Charleston Humane Association is considering moving to a new location as they wait for crews to make repairs to their current building after a U-Haul truck crashed into it last month.
KCHA Community Engagement Director Sarah Tolley told MetroNews Wednesday morning the cost to run the Greenbrier Street facility is getting expensive and they’re looking to expand their operations. The building is also prone to flooding but was spared in last week’s storms.
“The location that we’re at currently, we do not have any space to expand. We’re in a flood zone, so we can’t expand to the fields that we have because they flood so quickly,” she said. “The biggest thing is expansion. We’ll be able to help more animals because we’ll have a bigger space to grow.”
Tolley said a larger space will also reduce stress levels for the dogs they currently care for.
Tolley said they’re still in the early stages of figuring out where to move and how long it will take to make the transition. In the meantime, they’re still waiting to see what their insurance will cover for the damages from the March 27 crash.
“Hopefully next week we’ll hear back about what insurance coverages we have between our insurance and the driver’s insurance. After that, he’s going to take another two weeks to be able to coordinate contractors come up and start construction on the building,” she said.
It will be about a month until repairs can be made to the building, Tolley said. There were structural damages, A/C units need to be replaced and the kennel drainage system was also damaged.
Tolley said it’s going to cost the shelter a lot to make the necessary repairs.
“We don’t have officially numbers right now. We’re waiting for that report from our insurance adjuster, but we were quoted for over $100,000,” she said.
The driver of the U-Haul truck was at the shelter to pick up his animal when he said his accelerator got stuck. He slammed into the back corner of the building. A dog was injured when concrete blocks fell during the crash.
KCHA released surveillance video Tuesday of the crash from inside the dog kennels. Tolley credited her team’s quick response to the dogs who were visibly shaken up by the loud noise.
“No physical damage was done, so that’s fantastic. I mean all of us were just shocked. We were so sad to see how sad they were, but I think my point of view was a little bit different because I was so proud of how quickly they came to help them,” she said.
The delayed construction timeline means KCHA will continue to rely on fosters for the next two months.
KCHA can house 40 kennel dogs on site, which is down from about 108 from before the crash. There are about 20 dogs in foster care now.
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CHELYAN, W.Va. — A man is dead and a woman hospitalized after an early morning domestic incident in Kanawha County.
The incident at 100 Gatewood Court in Chelyan led to an officer involved shooting around 1:50 a.m.
“There was one female victim who had been stabbed. They started trying to attend to her. The male who was a suspect retreated into his residece,” said Kanawha County Sheriff’s Department Chief Deputy Joe Crawford.
Crawford tells MetroNews the suspect barricaded himself inside and produced a gun at the window threatening deputies.
“Our units on scene tried to talk the individual out, but during that time he brandished a weapon from a window inside the house. Unfortunately our deputies had to use deadly force,” he said.
The male victim was fatally shot, but no deputies were injured.
The names of the individuals have not been released.
The woman was taken to CAMC General Hospital where she was in surgery to treat her wounds.
The investigation into the incident is ongoing.
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— By Bill Cornwell
HUNTINGTON, W.Va. — Marshall’s spring football practices are nearing a close. The Thundering Herd two sessions left — Wednesday and Friday — in advance of the annual Green-White Spring Game at 4 p.m. Saturday inside Joan C. Edwards Stadium.
With the influx of 40 new players and returnees seeking playing time, Marshall head coach Charles Huff says the final week provides a chance for players to set themselves apart from teammates.
“There’s a lot of guys right on the edge that we’ve got to make some decisions on,” Huff said.
Huff added if the Herd coaching staff isn’t satisfied that all pieces are in place for a successful 2024 season, there might be an alternative plan, indicating a possible return to the NCAA Transfer Portal to address needs.
Huff says that Saturday’s spring game will be played in a regular game format with officials looking for infractions. He hopes that it’s also a chance for Marshall fans to understand the hard work that’s been happening daily since last season ended in a Frisco Bowl loss to North Texas.
“I hope the fans get a chance to truly appreciate what these guys go through,” Huff said. “We’re still going to evaluate as we figure out who is going to be important for us this fall.”
As Marshall installs an Air Raid offense under first-year coordinator Seth Doege this spring, the work of quarterbacks has been under scrutiny, especially considering the timing between signal-callers and receivers in the fast-paced attack is critical.
Returning signal caller Cole Pennington and Tulsa transfer Braylon Braxton will get the bulk of the work in the spring game. Another quarterback, Wake Forest transfer Mitch Griffis, is finishing class at what will soon be his former school and won’t report to the Herd’s camp until the summer.
Marshall’s strong group of transfer receivers will likely see plenty of targets Saturday, specifically Tychaun Chapman, Carl Chester, Christian Fitzpatrick and Elijah Metcalf.
Last Saturday’s practice marked the first full scrimmage of the spring and Huff said it showed that lessons have been learned well over the last month.
“Saturday’s practice was fun because guys are starting to get more comfortable with the new offense,” Huff said. “Our young guys are starting to get more reps and showing that they can add value with their natural abilities. Everyone now knows the playbook, so they’re playing a little faster.”
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Today on MetroNews This Morning:
–An officer involved shooting in Kanawha County leaves a man dead after an early morning standoff
–A teen charged with murder in Charleston will face the charges as an adult
–A federal appeals court has sided with a transgender girl in Harrison County participating in female sports
–In Sports: WVU beats Pitt in the Baseball Backyard Brawl and Marshall introduces their new women’s basketball coach
Listen to “MetroNews This Morning 4-17-24” on Spreaker.
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MORGANTOWN, W.Va. — The Ukrainian Mountaineers Association and the Ukrainian Community of Morgantown, in collaboration with the Vovk Foundation, will host ” The Future Political Landscape in Ukraine by Oleh Medunytsya Thursday evening in the Mountaineer Room in the Mountainlair on WVU’s downtown campus from 5 to 7 p.m.
Khrystyna Pelchar, born and raised in Ukraine and a Ph.D. Political Science student at West Virginia University, said Oleh Medunytsya, a former deputy commander during the EuroMaidan/Revolution of Dignity protests, will facilitate the conversation.
“Oleh Medunytsya is not only the president and leader of multiple Ukrainian nationalist movements, but he is also a former member of the Ukrainian Parliament, the Verkhovna Rada,” Pelchar said.
Pelchar hopes to generate support for Ukraine, spread Ukrainian culture and raise hopes for its bright future without Russian threat.
“We are the Ukrainian nation and we want the world to differentiate us from Russia because Russian people are very different,” Pelchar said.
The groups wants the next generation of Ukrainian leaders to promote freedom, individual human rights, and transparency. Medunytsya participated in the Maidan protests that resulted in the ouster of President Viktor Yanukovych and about four years of anti-corruption efforts.
“For the rest of the western world some people say the cold war has never ended, based on what we see now and the rhetoric from Russian government officials about the western threat,” Pelchar said.
The Kremlin has maintained a presence in some form in the countries of Georgia and Moldova, creating challenges for economic and political progress.
“The political affairs are quite strained,” Pelchar said. “Not only Ukraine and other countries like Georgia and Moldova, but Russia has been trying to control domestic policy and suppress nationalism.”
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