Attorney Jared T. Moore has won his second jury trial in Hardy County within a two-month period. On November 18, 2014, a Moorefield man stood trial for Brandishing a Deadly Weapon, Possession of Marijuana, Battery on an Officer, and Obstructing an Officer.
The individual allegedly pointed a pistol at a neighbor in the Misty Terrace area of Moorefield. Shortly after the incident, multiple law enforcement officers breached entry into the man’s house and located a small bag containing a green leafy substance. After being transported to the Moorefield Police Department for processing, the man allegedly became combative with a Deputy Sheriff and refused to obey lawful commands.
During cross examination, the neighbor admitted that she did not actually see a pistol, but only a waiving motion. Multiple law enforcement officers opined that the green leafy substance was, in fact, marijuana. This was based upon years of experience in handling drug-related cases and the results of a field test performed on the substance. However, during cross examination, the officers admitted that they were unable to tell whether the substance was really illegal marijuana as defined by West Virginia law.
Four different law enforcement officers testified about the man’s combative and aggressive demeanor while at the Moorefield Police Department. However, Jared revealed inconsistencies amongst the officers’ testimony.
At the close of the State’s case-in-chief, the Court granted the Defendant’s Motion for Judgment of Acquittal on the Brandishing charge. After hearing the evidence and deliberating, the jury returned to the courtroom and announced that they had found the man not guilty on all charges.