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ELKINS -- A grand jury will hear a case involving a Beverly man accused of child abuse after a juvenile in the care of he and his wife was allegedly found bound by zip ties in a bathroom.
Manuel Ortiz Jr., 69, of Beverly, is charged with one count of child abuse creating risk of bodily injury, and one count of conspiracy, both felonies. Ortiz was being held at the Tygart Valley Regional Jail on a $150,000 cash-only bond that has since been posted.
On Wednesday afternoon, Ortiz appeared in Randolph County Magistrate Court for a preliminary hearing with his attorney, Ryan Umina. During the hearing, Ortiz waived his right to a preliminary hearing. His case will now be sent forward to be considered by a Randolph County grand jury.
At the beginning of the hearing, Umina asked Magistrate Tracy Harper to modify Ortiz’s bond conditions. As part of the conditions, Ortiz must remain on home confinement and must check in three times a week with the Community Corrections program.
Umina explained that Ortiz is a retired law enforcement officer who is in remission for cancer, and that he had little to no criminal history outside of these allegations. Umina argued that the conditions should be lessened as Ortiz had every intention of appearing in court and fighting the charges.
Assistant Randolph County Prosecutor Christina Harper said the decision to modify Ortiz’s bond conditions was at the discretion of the court.
Magistrate Harper denied the defense’s motion and continued the bond conditions as previously set.
Manuel Ortiz’s wife, Licha Faye Ortiz, 54, has also been charged with one count of child abuse creating risk of bodily injury and one count of conspiracy. She was also being held on a $150,000 cash-only bond that has since been posted. A preliminary hearing for Licha Ortiz has been scheduled for Aug. 24 in Randolph County Magistrate Court.
According to the criminal complaint, filed by Trooper Andrew C. Jordan with the Elkins Detachment of the West Virginia State Police, on July 28, Jordan received a tip from Parole Officer Matt Currence in reference to a juvenile being “physically restrained with zip ties” at a residence on Schoonover Hollow Road in Beverly.
Currence was notified that a witness had been at the residence and observed the juvenile being restrained with their hands behind their back and their ankles also zip-tied, according to the complaint. Jordan received a recorded statement from the witness, who stated that she saw the juvenile restrained in the bathroom of a secondary residence, the garage where Licha and Manuel Ortiz reportedly live. She further stated that she noticed cracks in the bathroom door had been spray foamed over and that she allegedly heard Licha Ortiz talking to the juvenile through the crack in the door.
When the witness walked over to the door, she used a “pry bar” or “long screwdriver” to knock the spray foam off the cracks, the complaint states. She then was able to open the door and reportedly found the juvenile. The witness’s friend made a comment to Manuel Ortiz about the child being restrained and Manuel Ortiz allegedly replied, “It makes you uncomfortable?” The witness also said the garage where the Ortizs live was in “messy condition.”
On the same date, Jordan obtained a search warrant for the residence, the complaint states. Jordan, Sgt. V. Pyles, Trooper First Class J. Peteete and members of the Elkins Police Department then traveled to the residence and executed the warrant. Upon arrival, the officers were met by the Ortizs. During the search, officers reportedly observed large amounts of trash and other belongings scattered throughout the residence.
Jordan made contact with the juvenile, an 11-year-old, and allegedly observed ligature marks on the juvenile’s wrists and ankles, the complaint states. The juvenile’s feet also appeared to be swollen and red. Jordan then located the bathroom where the juvenile had allegedly been kept. There, he reportedly observed spray foam along the edge of the door frame which corroborated the witness’ statement. Inside the bathroom, Jordan allegedly located a cut zip tie on the floor behind the toilet.
On the walls of the bathroom, Jordan reportedly found written “they love my brother but not me” and “no one on my side just me,” the complaint states. He also found a camera on an end table facing the bathroom door. When he asked Licha Ortiz if the camera’s storage was on her phone, she allegedly stated it was, but the camera was broken. Jordan seized the phone as evidence.