CHARLESTON, W.Va. –The West Virginia Prosecuting Attorney’s Association is hoping to clarify recent statements made by a Raleigh County prosecutor that said that women who experience miscarriages should contact local law enforcement, or they could potentially face criminal punishment.
The association put out a news release Monday morning after Prosecutor Tom Truman was asked the question “Could women in West Virginia who miscarry at home be charged with crimes related to the disposal of fetal remains?” by a WVNS news reporter on Friday May 30th.
Truman responded to the question saying that there could be a number of charges brought against a woman that buries, flushes or disposes of them under state code, some of which are felonies. After he made these comments, he went onto CNN and made the same claims.
The association said that the public statements made by Truman “do not reflect the consensus of the office, or legal interpretation of the Association, its Officers, Board Members, or members of its Legislative Committee.”
President of the association Luke Furbee, who is also a prosecutor in Tyler County, came onto MetroNews Talkline Monday morning to talk about the decision behind putting out the statement regarding the comments made.
Furbee said that their decision stemmed from the discussions going around, the information on social media and because some prosecutors have been receiving calls of residents asking questions.
The question Truman responded to, was because of recent reports out of Mercer County where David Agnew, allegedly threw out his ex-girlfriend’s personal belongings, one of which was a container with fetal remains. He allegedly ran over the container with an ATV. Agnew is currently being charged with felony destruction of property and disinterment/displacement of a dead body.
Truman also made the statement that “a number of prosecuting attorney’s” have discussed with him about their willingness to try these cases.
However, Furbee said that in his 16 years of being a prosecutor, he hasn’t heard any prosecutors discuss taking on a case where a women had a miscarriage and disposed of their remains and didn’t call law enforcement. State code right now does not require women to do that.
He says that right now there is no move from those in West Virginia to start prosecuting these cases.
“There’s not some movement afoot by West Virginia prosecutors to try to make it a standard prosecution item,” Furbee said.
Furbee said that there is a checks and balance system, and the prosecutors are just one of them.
“At every phase of the proceedings, there’s a judge or a grand jury there to say to a prosecutor if they believe the prosecution is unfounded that this is going away now,” he said.
They urge the public and the media to contact the association with questions regarding prosecutorial perspectives or the interpretation of what West Virginia law.
Story by Morgan Pemberton, MetroNews