Kanawha DA files for special prosecutor after ambulance death case

Kanawha County Prosecuting Attorney Debra Rusnak filed a motion Monday evening asking a special prosecutor to take over the case of Alyssa Middleton. Middleton, a former ambulance driver, is charged in the death of John Lucas of Elkview.

The April incident resulted in charges of voluntary manslaughter, aggravated vehicular homicide, and leaving the scene of an accident causing death. Rusnak submitted her request to Kanawha County Circuit Judge Dave Hardy to formally disqualify herself from the matter.

The motion outlines strained relations between the office and the Lucas family. It cites alleged statements from friends and family members who said the community would take matters into their own hands if the outcome was not appropriate. Those comments led to a 24-hour law enforcement presence at Rusnak's home.

Two specific incidents are detailed in the filing. In one, Lucas's sister allegedly became aggressive with Rusnak's executive assistant while Rusnak was present. In the other, Rusnak was confronted by family and friends at the Kanawha County Judicial Annex after the most recent hearing.

A family member allegedly told Rusnak to bend the rules, break the rules, or do whatever is necessary to win the case. The motion also notes that members of the Lucas family indicated they would commit criminal acts because they knew nothing would happen to them and they would not go to jail.

The filing cites publicity generated by the Lucas family, alleged attempts to intimidate or influence the prosecutor, and protests, social media campaigns, and personal threats directed at the defendant, investigators, and the prosecuting attorney. Rusnak stated that justice may only be served and the appearance of impropriety avoided by appointing a special prosecutor.

Judge Hardy submitted the request to the West Virginia Prosecuting Attorneys Institute on Monday.