Criminal case dismissed against Magistrate Cox - WVVA TV Bluefield Beckley WV News, Weather and Sports

Criminal case dismissed against Magistrate Cox

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Magistrate Steve Cox Magistrate Steve Cox
WELCH (WVVA) -

 The criminal case against McDowell County Magistrate Steve Cox has been dismissed.

The court order states that a travesty of justice was done against Mr. Cox by the actions of Kevin Wade. And that the State could not prove that a crime was committed and Mr. Cox was unequivocally innocent of any alleged criminal acts.

In July, a three-judge panel dismissed a civil petition to remove Magistrate Cox from office. The petition was also filed by Kevin Wade. Both court proceedings were in regards to notations made on two safety orders that were handled in Cox’s courtroom. Wade alleged numerous counts of misconduct, malfeasance, and neglect of duty. In case numbers 145-11 and 145-12, Magistrate Cox made the following note to both orders, “Mr. Wade said he was going to call Supreme Court and would be back in a few to pay.”

The three-judge panel concluded the notations to the original orders did not alter the facts and had no bearing on the evidence taken in the cases. The court also stated that magistrates all over the state make similar types of notations on court documents and the practice “does not interrupt or interfere with carrying out of their duties to the public.”

In the criminal dismissal order, the Court states that Kevin Wade is a disbarred attorney that abused the legal process by appearing in front of the Grand Jury to obtain the indictment. It adds that Mr. Cox is the real victim in the case who was forced to retain counsel to defend him in criminal and civil matters that were initiated by Wade’s completely and utterly baseless allegations.

The Court orders that Kevin Wade be added to the list of litigants known for abusive, vexatious, intimidating, harassing, and frivolous filings.

Motions to dismiss the case were filed by Special Prosecuting Attorney Scott Ash and Magistrate Steve Cox. The dismissal order was signed by Special Judge Omar Aboulhosn.

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