The 19-year-old Dailey man charged with DUI causing death in a Mill Creek accident is free on bond after a hearing in Randolph County Magistrate Court Monday.
Magistrate Rob Elbon agreed to modify the form - but not the amount - of bond set in the case of Cole A. Edmond, of Dailey, who is charged with DUI with recklessness causing death, a felony.
Elbon altered Edmond's bond from $50,000 cash only, previously set by Magistrate George M. Riggleman, to $50,000 cash, property or surety.
Edmond was no longer listed on the Tygart Valley Regional Jail website as of presstime.
The teen was the driver of the 1998 Chevrolet Cavalier that was involved in a fatal two-vehicle accident which resulted in the death of Timothy Roger "Bo" Hornick, 15, of Mill Creek, on June 20. Hornick was ejected from the Cavalier, which had been traveling south on Route 219 near Tygarts Valley High School at about 2:30 p.m. June 20 when it crossed the center line, collided with a Dodge pick-up truck being driven by Devlin Cate and traveled over an embankment, coming to rest near a pond.
Hornick died of injuries suffered in the head-on-collision. He was one of two passengers in the vehicle at the time of the wreck; the second was 17-year-old Eric Davis, of Valley Bend, who was taken to Ruby Memorial Hospital with injuries. Randolph County Sheriff Mark Brady said last week that Davis was on the mend.
During Monday's bond hearing, Edmond's attorney, Timothy Prentice, argued that the $50,000 cash-only bond, previously set by Magistrate George M. Riggleman, was excessive and "tantamount to no bond" and asked Elbon to reduce the bond and alter its form.
"This is a young man who has no criminal convictions, is a high school graduate with a B-plus average and has very close ties to Randolph County and West Virginia generally," Prentice said. "Although this caused obvious harm (to the victim), we can not yet contend that (Edmond) is generally dangerous to the community, and in fact, he and the deceased (Hornick) were close friends. There was no malice involved."
Assistant Randolph County Prosecuting Attorney Lori Gray said she would "strongly object" to a reduction of Edmond's bond, but not to a modification of its form.
As conditions of Edmond's bond, he is not allowed to contact Davis; Cate, the driver of the Dodge pick-up truck; or Hornick's immediate family members, Elbon said.
"I mean no Facebook, no texting, no Twitter, nothing," Elbon told Edmond. Elbon also placed Edmond on "strict" home confinement and said he's not permitted to leave his father's residence in Valley Bend or his mother's residence, located just outside Randolph County, unless he's in the custody of one of his parents.
Edmond is also required to wear a SCRAM bracelet, an alcohol monitoring device, and report to Randolph County Community Corrections for random drug testing.
The preliminary hearing on the charge was continued and will be held at a later date.
Contact Katie Kuba by email at firstname.lastname@example.org.