by Tony Rutherford HuntingtonNews.Net Reporter
COURTS: Cinema Robbery Trial  Approaches; Prestera Sued for Housing Unit Death; Mountaintop Removal Suit Moved to D.C. Court

HUNTINGTON, WV (HNN) – One of two men accused of first degree robbery of Maruqee Cinemas Pullman Square is expected to stand trial Feb. 8 in Cabell County Circuit Court. The date was set in December 15 following a motion hearing.

Joshawa Clark, a former employee, has been charged as an accessory to the crimes. Dustin Shaver has already pleaded guilty to two counts of robbery with a firearm. At the December, Judge Ferguson declined to suppress the results of search warrants. Shaver , as part of his plea agreement, must testify against Clark.

PUTNAM COUNTY: The mother of a man who died while in the custody of Prestera Center for Mental Health alleges lack of supervision, negligence and carelessness.

According to the suit , Jason S. Hensley died from alleged violent acts by another client while both lived in housing provided by Prestera. Stephanie Cook, Jason’s mother, alleges through counsel, that the behavioral treatment center knew or should have known that the other client has a propensity for violence.

The action is filed in Kanawha Circuit Court.

In other civil suits from various county dockets:

PUTNAM COUNTY: A mother claims that her nine month old infant died a wrongful death due to alleged inaction of Putnam County Emergency Service Workers when her son was rushed to the hospital with breathing problems. The suit alleges that the infant’s tracheostomy tube became dislodged during the trip to the hospital.

According to the WV Record, this is the third wrongful death filed against Putman County EMS that involve dislodged tubes. The other two wrongful death suits in 2003 and 2006 eventually made out of court settlements.

WAYNE COUNTY: A grandmother sues on behalf of her deceased grandson who was shot and killed in defendants home. Plaintiff alleges that the defendant had a duty to be properly trained in use of a firearm and safety courses.

CABELL COUNTY: A woman has sued the Huntington HIT Center claiming that the facility allegedly told her to perform an exercise that led to a right foot fracture. She had allegedly disclosed a history of weak ankles and a stress fractures in her foot and knee.

FEDERAL COURT: The suit over new Environmental Protection Agency rules pertaining to Mountaintop Removal has been moved from the U.S. District Court for the Southern District of WV to a federal court in the District of Columbia. The suit will be consolidated with one brought by the National Mining Association involving water quality permits. The EPA wants two Kentucky suit sent to the D.C. court also.