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Wounding case bond modified

Daniels allegedly struck woman with car twice

October 24, 2012
By Katie Kuba - Senior Staff Writer (kkuba@theintermountain.com) , The Inter-Mountain

A Randolph County woman who allegedly ran over another woman on Ward Road is free on bond following a hearing Tuesday in Randolph County Magistrate Court.

Randolph County Magistrate Rob Elbon modified bond for Sara Ravan Daniels, 22, address unknown, from $10,000 cash only to $10,000 cash, surety or property.

Daniels was charged with one felony count of malicious wounding after she allegedly struck Maureen Miller, 36, of Elkins, twice with her vehicle Oct. 11 on Ward Road. According to the criminal complaint submitted by Randolph County Sheriff's Deputy B.A. Talkington, Daniels had been closely following Miller in her vehicle prior to the incident. A physical altercation also ensued, the report stated.

Article Photos

Daniels

In addition to modifying the bond, Elbon granted a motion to waive the timeline for Daniels' preliminary hearing, meaning that it will take place at a later date. The extra time will enable the defense to obtain Miller's Oct. 11 toxicology report from Ruby Memorial Hospital, where she was treated after the incident, Daniels' attorney, William "Ty" Nestor, said.

Nestor said he was requesting the toxicology reports "to ensure a fair trial and to make sure that if and when this matter comes before a jury that they will be in the best position to determine what exactly happened (on Oct. 11) as well as the guilt or innocence of the accused.

"I believe these reports are essential and relevant to that end," he added.

Nestor then asked for Daniels' bond to be modified from $10,000 cash only to $5,000 cash, property or surety.

"Ms. Daniels is a member of the National Guard presently and she represented to me and it's been verified... that she will be permitted to go back to the National Guard," Nestor said. "She has very little, if any, criminal history. She is a mother and she does serve our country."

Randolph County Assistant Prosecuting Attorney Shannon Johnson said the state did not object to the bond modification, given Daniels' ties to the community, as long as "proper terms and conditions were put into place."

However, Miller, who attended Tuesday's hearing, objected to the prospect of Daniels being a free woman. On several occasions, a tearful Miller interrupted the hearing to tell the court how terrified she was of Daniels.

"She drove by my house three different times before they found her," Miller said. "And my kids were there."

Johnson and Elbon asked Miller to refrain from speaking during the hearing. Johnson said Miller had a "real and genuine fear of Ms. Daniels and she has sought treatment for that."

Elbon adjusted Daniels' bond to $10,000 cash, surety or property, but with two stipulations - that Daniels wear a GPS monitor designed to keep her away from Miller and that she have no direct or indirect contact with Miller.

"Ms. Daniels, if there's one issue, you're going back to jail," Elbon told Daniels.

Following the hearing, Nestor, Daniels' attorney, confirmed that Miller, the alleged victim, is the same Maureen Miller who was recently arrested for three felonies - abuse of an incapacitated adult; attempt to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge; and attempt to commit a felony.

According to criminal complaints in the magistrate's office, Trooper J.B. Tindal with the West Virginia State Police received a complaint on Sept. 4. Wendy Collins said she was complaining on behalf of an elderly woman for whom she was an in-home care giver. According to Collins, the elderly woman's previous in-home care giver had asked her for her prescription medication throughout early 2011.

When Tindal asked why the elderly woman did not file a report sooner, Collins said Miller "made threats to the victim and caused her to be too fearful to make a report."

Tindal's report stated he acquired a cassette tape containing a recording of Miller asking the elderly woman to give her some of her prescription medication and the woman refusing.

Court records indicate that Miller was arrested on the attempt to acquire/obtain a controlled substance charge and the attempt to commit a felony charge on Oct. 4. She was arrested for abuse of an incapacitated adult on Oct. 12, and posted bond, which was set at $10,000 cash, surety or property.

 
 

 

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