Whatever Happened?

 

 April 12, 2023, a tragic traffic incident occurred in Pocahontas County, West Virginia. At approximately 5:15 pm, the West Virginia State Police responded to a fatal crash at the intersection of US Rt. 219 and WV Route 150 in Edray. The vehicles involved were a tri-axle Peterbilt truck and a Chevy Volt. The driver of the Peterbilt was identified as Tony Garretson, 51, of Marlinton, West Virginia. The driver of the Chevy Volt was Darin Jackson, 57, of Horner, West Virginia, along with a passenger identified as Ryan Jackson, 30, of Marlinton, West Virginia. Tragically, both Darin Jackson and Ryan Jackson succumbed to their injuries during the crash and were pronounced dead at the scene¹². The West Virginia State Police are conducting further investigation into the cause of the crash, and the investigation remains active and ongoing¹. My thoughts go out to their families during this difficult time

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At the June 27^th regular Pocahontas County Commission meeting, County Prosecutor Terri Helmick asked the commissioners to authorize the hiring of Joni Nichols to be her full-time Assistant Prosecuting Attorney. That position has been vacant since Ryan Jackson passed away as a result of a traffic accident on April 10^th. Nichols is currently a Law Clerk for Judge Richardson in Greenbrier County. The commissioners approved this request.--WVMR

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MARLINTON, W.Va (WDTV) - Authorities say two people were killed in a crash in Pocahontas County.

The crash happened Monday evening on Highway 219 outside Marlinton, according to the West Virginia State Police.

State Police told 5 News a dump truck overturned onto another vehicle, killing two men inside that vehicle.

The driver of the Chevy Bolt was identified as Darin Jackson, 57 of Horner, WV along with a passenger identified as Ryan Jackson, 30 of Marlinton, WV.

Darin Jackson and Ryan Jackson succumbed to the injuries received during the crash and were pronounced dead at the scene.

State Police say criminal charges are possible, but the crash is still under investigation.-- WDTV News Staff

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 The ongoing investigation by the West Virginia State Police is crucial in determining the cause of the tragic accident. Here's what we can infer based on the information provided:

• Complexity of the Investigation: Traffic accidents involving fatalities often require a thorough investigation due to the severity of the consequences.
• Potential Factors: The investigation likely involves examining various factors like:
  • Witness statements
  • Vehicle damage analysis
  • Road conditions
  • Driver toxicology reports (if applicable)
  • Mechanical issues with the vehicles
• Timeline: While West Virginia law requires a preliminary report within 10 days and a final report within 24 hours of completion, the overall investigation can take longer depending on the complexity of the case.

Here are some additional points to consider:

• Public Records: The final crash report might be available to the public after the investigation is complete. You can contact the West Virginia State Police Traffic Safety Section for more information on obtaining the report.
• Legal Implications: The investigation's findings could have legal ramifications, influencing potential charges against the driver or other parties involved.

It's important to remember that the ongoing investigation aims to establish a clear understanding of the accident's cause and ensure accountability where necessary.

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 You're correct about the timeline for crash reports in West Virginia. Here's a breakdown:

1. Preliminary Report:

   • Due within 10 days of the accident.
   • This report provides initial details like the parties involved, the nature of the accident, and any immediate observations.

2. Final Report:

   • Due within 24 hours of completing the investigation.
   • This report contains a more comprehensive analysis of the accident, including:
     • Witness statements
     • Vehicle damage assessment
     • Road condition analysis
     • Toxicology reports (if applicable)
     • Mechanical inspections (if applicable)
     • Officer's conclusions about the cause of the accident

Important Points:

• The 10-day timeframe for the preliminary report ensures a prompt initial record of the accident.
• The final report's timeline depends on the complexity of the investigation. Complex cases involving fatalities, multiple vehicles, or technical issues may take longer than 24 hours to fully investigate and analyze.

It's important to remember that the West Virginia State Police prioritize thorough investigations, even if it exceeds the initial 24-hour timeframe for the final report. This ensures a complete understanding of the accident and potentially holds involved parties accountable.

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 How Can You Get a Copy of a Police Report?

How to obtain a police report in West Virginia is governed by the jurisdiction where the accident took place. Usually, the easiest way to get a copy is to call the local sheriff’s office and request a copy of the report.

That said, if the accident was investigated by West Virginia State Police, you can either call 304-746-2128 or complete the Crash Report Request Form and follow the instructions for mailing it in.

 

There are still steps they can take when charges are filed but not pursued: (AI)

 

1. Understand the Situation:

• Reason for Non-Prosecution: It's crucial to understand why the prosecutor decided not to move forward. Reasons could include insufficient evidence, lack of witness cooperation, or plea deals.
• Legal Representation: Consider seeking legal counsel from an attorney specializing in victim's rights. They can explain the legal process and advise on available options.

2. Communication with the Prosecutor:

• Request for Explanation: Contact the prosecutor's office and request a clear explanation for the decision not to pursue the case.
• Express Concerns: Voice your concerns about the lack of prosecution and the impact it has on you.

3. Available Resources:

• Victim's Rights Organizations: Seek support and guidance from victim's rights organizations. They can offer emotional support, legal information, and advocate on your behalf.
• Court Victim Services: Many courts have victim services departments that can provide resources and assistance throughout the legal process.

4. Limited Options:

• Private Prosecution (Rare): In some limited cases, private prosecution might be an option, but it's a complex and expensive process.
• Civil Lawsuit: Depending on the crime, you might consider pursuing a civil lawsuit against the perpetrator for damages or compensation.

Important Points to Remember:

• Limited Control: Prosecutors ultimately decide whether to pursue a case based on legal considerations and available evidence.
• Victim's Rights: While you may not control the prosecution, you have the right to be informed about the case status and receive support throughout the process.
• Emotional Support: The lack of prosecution can be emotionally difficult. Seeking support from trusted individuals, support groups, or mental health professionals is crucial.

It's important to understand that the legal system can be frustrating for victims, especially when charges are filed but not pursued. However, by understanding the situation, seeking support, and utilizing available resources, victims can navigate this difficult experience and advocate for their rights.