Brandon Robert Harvey, 29, of 6326 Lee Creek Road, was released from prison April 3 after The Honorable Judge David W. Hummel dismissed the petition to revoke his probation. This occurred after a state witness failed to show up to the hearing.

The first witness to take the stand for the state was Chief Probation Officer John D. Lantz. Lantz testified that Harvey had been paroled from home confinement and that he (Lantz) was supervising Harvey while on parole.

Lantz stated that on Jan. 28 a domestic violence emergency protective order and domestic violence petition were filed against Harvey in Wood County. Lantz stated that he had not talked to the alleged victim in the case, but the victim had made contact with his secretary or one of the other probation officers. Lantz stated he had contacted Wood County and spoken to the Magistrate Clerk Assistant who faxed the paperwork to his office. He noted that he did attach a copy of the domestic violence order to the petition to revoke Harvey’s probation.

Harvey’s attorney, George Consenza, requested that the court not consider “that, because the copy is not properly certified.” Prosecuting Timothy Haught noted that he had a certified copy to introduce into evidence.

Lantz further affirmed that assuming the information in the protective order was true, including the substance of the petition, Harvey would have violated his probation.

The second witness did not appear.

Judge Hummel said that according to the Deputy Circuit Clerk, there was no entry for a praecipe seeking a subpoena. “Without a praecipe, a subpoena was not issued,” Hummel noted.

Prosecutor Haught stated that he had assumed they had subpoenaed the witness. However, it was noted that without a praecipe, the court could not compel the witness to attend.

Prior to the petition to revoke Harvey’s probation, Harvey had completed his home confinement but would still be on parole, which is set to expire June 19.

Hummel then dismissed the petition.

Harvey first appeared in court on the matter on March 10 before the Honorable Judge Mark A. Karl. At the time Harvey was wheelchair bound and had a cast on his left arm. Consenza stated at the time that his client is diabetic and is not receiving his proper medication in jail. “He passed out and fell down the concrete steps in at jail. He broke his arm, knee cap, and foot.” Consenza also noted at the time that Harvey would need surgery on his arm. Furthermore, Harvey had been taken off of the medication for his bipolar disorder when incarcerated. Consenza had requested that his client be on home confinement while awaiting a hearing on the probation revocation matter.

Prosecutor Haught stated he was against releasing Harvey based on the allegations in the petition to revoke probation. “He was previously convicted of malicious assault and stalking, involving a relationship with another woman. Now there was an incident with apparently another girlfriend. What concerns me about this case is that the individual who filed the order, the victim, stated that Harvey threatened to kill her.”

Haught noted that the allegations against Harvey state that he was in possession of a firearm. As a convicted felon, Harvey is forbidden to possess a firearm. Haught further noted that it is alleged in the matter that Harvey loaded the gun in front of his girlfriend and her son and threatened to shoot himself.

“He was yelling at them. He says he has anger issues and needs help,” said Haught. “This is the second extreme domestic situation (Harvey’s) been in before this court, and I’m disinclined to agree with his release.

Consenza noted that even though the allegation was made in family court with a protection order, there was no arrest or charge issued. “Mr. Harvey, before going to jail, was attending college on a scholarship, in Parkersburg. He’s doing extremely well. He obviously contests these allegations. What we’re asking is not just release him but place him on home confinement and get him the treatment he needs for his emotional condition and physical condition. This is just merely an allegation. The court should not consider this as true. Safeguards can be placed.”

On June 21, 2013, Harvey was sentenced in Wetzel County Circuit Court by Judge Karl to two to 10 years in the West Virginia Penitentiary for Men for malicious assault. Harvey was additionally sentenced to six months for stalking. These two sentences were to run concurrently. A restraining order had also been placed against Harvey, for a period of 10 years. This ensures he has no contact against the victim in the case.

On November 5, 2013, Harvey was released from incarceration and placed on home confinement.