Lucas family pushes back on Kanawha prosecutor's bid for special counsel

The family of John Lucas, a Kanawha County man killed after being struck and dragged by an ambulance, issued a statement Tuesday afternoon in response to a motion filed by Kanawha County Prosecutor Debra Rusnak.

Rusnak has asked a judge to appoint a special prosecutor for the criminal case against ambulance driver Alyssa Middleton. The motion cites strained relations between the prosecution and the Lucas family. Rusnak claims that friends and family members told her the community would “take matters into their own hands” if the case’s outcome did not meet their standards. Those statements led to a 24-hour law enforcement presence at Rusnak’s home.

In the filing, Rusnak also noted that a family member told her to “bend the rules, break the rules, or do whatever you have to do” to win the case. The motion further states that members of Lucas’s family indicated they would commit criminal acts because they “know nothing will happen to them and they won’t go to jail.” Rusnak argues that “justice may only be served and the appearance of impropriety be avoided by the appointment of a special prosecutor.”

The Lucas family, represented by Charleston-based Summers Law, said it does not oppose the appointment of another prosecutor. However, the family disputes specific claims made in the motion. “At no time has the family engaged in conduct against the prosecutor or her staff that could reasonably be interpreted as threatening,” the statement read. The family said the motion does not accurately reflect their perspective and cited concerns about the quality of communication from the prosecutor’s office.

The statement noted that the Lucas family has received threats since John’s death. Several family members have been awarded personal safety orders against those making the threats. “It is our understanding that the same individual who threatened members of the Lucas family has also threatened the prosecutor,” according to Summers Law.

Middleton is charged with voluntary manslaughter, aggravated vehicular homicide, and leaving the scene of an accident causing death for the April incident. The family’s statement called for public restraint and asked the community to refrain from threats, harassment, and personal attacks. “There is no place for threats, intimidation, or harassment directed at anyone,” the statement said.

The family urged people to avoid spreading unverified information and to allow the legal process to proceed without interference. They described the case as generating strong emotions but said those emotions should not distract from a fair process. The family’s focus remains on seeking justice for John Curtis Lucas and ensuring the circumstances of his death are fully addressed.

The next status hearing in the case is scheduled for Nov. 30 before Kanawha County Circuit Judge Dave Hardy. The West Virginia Prosecutor’s Institute will recommend the new prosecutor to handle the case if Rusnak is removed.