The 19-year-old Dailey man behind the wheel in a fatal wreck in June will spend 72 hours behind bars for violating the terms of his bond.
Magistrate Rob Elbon temporarily revoked the bond of 19-year-old Cole Alexander Edmond Tuesday during a hearing in Randolph County Magistrate Court.
Edmond, who is on home confinement, left his house to visit his girlfriend across the road, according to court documents.
For violating his bond, Edmond will spend three days in the Tygart Valley Regional Jail beginning Thursday; in exchange, Assistant County Prosecuting Attorney Lori Gray agreed not to use the bond violation against him in future court proceedings.
Edmond is charged with reckless DUI causing death, a felony, for his alleged role in the death of Timothy Roger "Bo" Hornick, 15, of Mill Creek. The teen was the driver of the Chevrolet Cavalier involved in a June 20 two-vehicle accident which resulted in Hornick's death.
During Tuesday's hearing, Gray informed Edmond's attorney, Timothy Prentice, the prosecuting attorney's office was aware of at least two instances in which Edmond reportedly left his residence, despite being placed on home confinement.
Gray said she'd received information indicating Edmond went to visit his girlfriend, who lives nearby - and that the teen had also been spotted in a local retail store with one of his parents.
Prentice said perhaps there'd been a misunderstanding between the prosecution and defense, since his notes from Edmond's July 1 bond hearing showed the court had granted Edmond permission to leave his residence so long as he was in the company of one of his parents.
"I don't see a problem with him (Edmond) occasionally going to the store with his parents," Prentice said. "I don't think the point of home confinement is punishment, I think it's to guarantee appearance in court. This is not supposed to be prison at home.
"Mr. Edmond has been convicted of nothing and enjoys that presumption," Prentice added.
Gray asked Elbon to delineate the purposes for which Edmond is permitted to leave his mother's or father's residence.
"Leaving the house is only for necessities," Gray said. "It isn't a way to just simply get out of the house. He's a 19-year-old living with his parents. He doesn't have a job. I doubt he's the grocery shopper in the family.
"I think I'm being very lenient by only giving him 72 hours on a blatant violation," she added.
Elbon said Edmond may leave his residence for necessities only - such as doctor's appointments and to seek employment.
"You can't be out running around," the magistrate said. "You're under a microscope. We're getting calls in here all the time that, 'he's here, he's there.'"
Edmond's father replied, "Well, they're lying. He hasn't been out unless he's with me."
Edmond made bail on the reckless DUI causing death charge after his bond was adjusted from $50,000 cash-only to $50,000 cash, property or surety during a modification hearing July 1 in magistrate court. Elbon placed Edmond on home confinement and ordered him to have no contact with Hornick's immediate family, or Devlin Cate, the driver of a pick-up truck, who was injured in the fatal June 20 wreck.
Elbon also ordered Edmond to wear an alcohol monitoring device and report to Randolph County Community Corrections for random drug testing.
Edmond is also facing unrelated felony charges - one count of grand larceny and one count of conspiracy - for allegedly scheming to steal three four-wheelers and then conceal them along a back road in the Mill Creek area.
Contact Katie Kuba by email at firstname.lastname@example.org.