Foster

ELKINS — Probable cause was found against a man accused of sexual abuse of a minor 16 years ago in Montrose, moving his case forward to be considered by the Grand Jury.

John D. Foster, 51, is charged with one count of sexual abuse in the first degree, a felony. He is currently being held at the Tygart Valley Regional Jail on a $75,000 cash-only bond.

In April, Foster was taken into custody without incident from his residence in Camdenton, Missouri by U.S. Marshals. According to a press release from the U.S. Marshals, after the alleged sexual abuse occurred in Montrose, Foster moved to Missouri. Due to previous limitations on extradition, Foster was able to evade arrest for the crime for 16 years. According to the release, Foster was previously convicted in a 1996 rape case of a 13-year-old in Kansas City, Kansas. With the conviction, Foster was required to register as a sex offender. The release states that Foster was compliant with that requirement while living in Missouri.

Randolph County Magistrate Tracy Harper found probable cause against Foster during a preliminary hearing on Monday, May 18. Foster’s case will now go forward to be considered by the Randolph County Grand Jury.

At the hearing’s start, Foster’s attorney, James Hawkins, asked Harper to reduce and modify Foster’s bond from $75,000 cash-only to $5,000 property/surety. Hawkins argued that the original bond was “grossly excessive” and “unconstitutional” as Foster has had no contact with the alleged victim in 16 years and he had not tried to flee or hide. Assistant Randolph County Prosecutor Leckta Poling argued against the modification, stating that, if Foster made bond, he has no ties to keep him in Randolph County. Poling also asked the court to add conditions to Foster’s bond, including absolutely no contact with any minors under the age of 18. After finding probable cause, Harper denied the defense’s motion to reduce and modify the bond, and approved the prosecution’s motion to add more conditions.

Poling called Corporeal D.R. Wolford Jr. with the West Virginia Violent Crime and Cold Case Task Force to testify before the court. Wolford filed the recent charge against Foster. During his testimony, Wolford explained that he had been approached by the U.S. Marshals’ Mountain State Fugitive Task Force regarding the active warrant in Randolph County that had been out for Foster since 2010.

In an “continuation of investigation,” Wolford said he reviewed the initial report filed in 2010 by retired Trooper First Class Corley, which stated that the alleged victim had been touched inappropriately by Foster, who the alleged victim called “Uncle J.D.,” at a home in Montrose. Wolford was able to relocate and speak to the alleged victim with an agent from Centers Against Violence.

Wolford told the court that, when he spoke with the alleged victim, they asked “Is this to do with my Uncle J.D.?” while showing apparent disgust for Foster. The alleged victim said they had not heard from Foster since they reported the incident. Wolford stated that, as a child, the alleged victim had picked up a habit of placing a pillow between their legs when Foster was around.

During his testimony, Wolford also explained that the initial 2010 charge against Foster was sexual assault in the first degree. However, after reviewing the initial report, he believed that the incident did not match the legal definition of sexual assault, but instead could be classified as sexual abuse. This is why Foster was now being charged with sexual abuse in the first degree.

During cross examination, Hawkins questioned why Foster had not been arrested before, to which Wolford explained that extradition was previously only limited to states that surrounded West Virginia and did not include Missouri, where Foster moved to after the 2010 incident.

Hawkins also questioned if Wolford has spoken to any possible witnesses from the 2010 incident. Wolford stated that he did speak to a school councilor that the alleged victim had disclosed the abuse to, but when the councilor retired, she had destroyed notes taken during her career. Wolford also explained that the alleged victim’s grandmother was unable to speak, the grandfather had passed away and the alleged victim’s brother was just a young child himself in 2010.

When Hawkins asked if the alleged victim recalled if the abuse occurred multiple times, Wolford said that the alleged victim recalls one time, but the “pillow habit” suggests multiple instances. Wolford also said the alleged victim did not recall Foster ever making threats or comments regarding the incident. He also stated that there was no physical evidence from the 2010 incident.