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BUCKHANNON -- Upshur County Circuit Court has delayed a case going to trial because of the coronavirus.
The trial for William David Brown, 45, was set for this month but his attorney Jim Hawkins requested a continuance over the Covid-19 virus.
Brown was indicted in September 2019 for three counts of incest and 12 counts of sexual abuse of a child by a parent, guardian or custodian, all felonies. According to a 2018 story, Brown sexually assaulted a juvenile in his care for approximately four years and had gotten her birth control pills. He was also indicted in May 2019 for one count of fraudulent scheme and three felony accounts of embezzlement, all felonies. Brown became the guardian of the juveniles after their mother was incarcerated. Brown allegedly used nearly $50,000 dollars in funds that were meant to provide for the juveniles' care over four years for his drug and gambling habits.
In laying out a foundation for another continuance in the case, Hawkins said the Centers for Disease Control has issued guidance relative to people keeping a six-feet halo from others to limit contact.
"As the court is aware, our Supreme Court has issued a directive to try to limit proceedings unless they are time sensitive to try to move those or continue those if possible," he said.
The West Virginia Supreme Court of Appeals has issued a Covid-19 planning document with guidance for the courts and posted on its website at www.courtswv.gov.
Hawkins asked for the trial to be delayed to April.
Prosecuting attorney Bryan Hinkle said he did not object under the circumstances and alluded to concerns expressed by one juror about being in close contact with other people.
"My concern would be that we have fear spread through the jury and that they are not going to pay attention to the evidence," Hinkle said.
Twenty-sixth Judicial Circuit Judge Jacob Reger said he had been ready to proceed with the trial but he understood the concern. He said that setting it in April might still mean the trial is rescheduled.
"This issue could get worse, instead of better," he said. "I thought it was better to go forward with it before it got worse."
The judge added, "To me, this was a time sensitive matter until you asked for a continuance.
"Since you asked for a time continuance and he has agreed to it, I don't think this is time sensitive anymore."
Reger set a pre-trial hearing for April 7, jury selection for April 13 and the trial to being April 14.