ELKINS — The case against a Randolph County man charged with being in possession of a stolen side-by-side was dismissed this week after officials determined there was “no sufficient evidence.”

During a preliminary hearing, Randolph County Magistrate Benjamin Shepler dismissed the case against Joshua Clarence Miller, 31, of Mill Creek, who was originally charged with one count of receiving or transferring stolen goods, a felony.

At the hearing’s start, Assistant Randolph County Prosecutor Leckta Poling called West Virginia State Trooper Henry Bonetti to testify before the court. Bonetti was the arresting officer in this case. Bonetti informed the court that, on June 9, he and several other officers executed an arrest warrant at a residence in Mill Creek. During this, the officers observed a side-by-side in the driveway of the residence that matched the description of a stolen side-by-side. Deputy A.G. Vanscoy with the Randolph County Sheriff’s Office ran the VIN number on the side-by-side through the Randolph County Board of Emergency Management, who advised that the VIN number did have an NCIC hit for an ongoing investigation involving a missing side-by-side. The side-by-side was then towed to the West Virginia State Police Elkins Detachment.

Poling asked Bonetti if he noticed any signs for an auto repair business at the home or any indication that Miller was in the business of fixing side-by-sides. Bonetti said he did not. On June 11, Bonetti said he made contact with Miller’s wife. She advised that Miller had been fixing the side-by-side for somebody, but she did not know who it was. Bonetti explained that he did not get a statement from Miller has he was not home on June 9 or June 11.

Bonetti informed the court that he did not have much information on the initial theft of the side-by-side as it was not his case, but instead was the case of Trooper T.E. Workman. Bonetti stated that he gave the information regarding the side-by-side’s discovery to Workman, but Workman was informed that Bonetti had to write the criminal complaint against Miller as he was the one to find the side-by-side.

During cross examination, Miller’s attorney, Morris Davis, asked Bonetti if there was any belief that Miller was the one to steal the side-by-side in the first place. Bonetti said there was no information at this time that proved Miller was the thief.

Davis then asked if Bonetti noticed anything near the side-by-side when it was found. Bonetti stated that he did observe tools in the bed of the side-by-side. When questioned if the side-by-side was functional at that time, Bonetti said that no one turned it on and it was simply winched onto the towing flatbed. He also stated that he did not observe a jack stand or missing parts outside of the side-by-side. Davis asked Bonetti if there was any proof that Miller was aware that the side-by-side had been stolen. Bonetti said there was not.

Poling then called Workman to testify before the court, however, despite being subpoenaed and reminded of the Tuesday hearing by Bonetti, Workman did not appear in court.

In closing arguments, Poling stated that, after the testimony during the hearing, there was no sufficient evidence to prove probable cause against Miller. Davis stated during his closing argument that there was “not a lot to add” after Poling’s remarks.