The Register-Herald, Beckley, West Virginia

January 23, 2013

Former Lewisburg officer arrested for protective order violation

By Tina Alvey
Register-Herald Reporter

LEWISBURG — Former Lewisburg Police Sgt. David H. Howard was arrested Tuesday on a charge of violating a protective order.

According to a complaint filed by investigating officer Trooper First Class J.J. Phillips of the Lewisburg detachment of the West Virginia State Police, he and TFC J.R. Baker were tipped off Tuesday by staff at the West Virginia School of Osteopathic Medicine that Howard was on school property.

“Both troopers were advised (Howard’s) ex-girlfriend, Resa Musser, is currently employed at WVSOM, and Mr. Howard was just down the hall at room 204,” Phillips wrote in the complaint, which is on file in the Greenbrier County Magistrate Clerk’s office.

A protective order against Howard that will remain in effect until March 13 stemmed from his arrest on stalking charges last year, according to the court file.

After receiving the telephone tip, Baker picked Howard up at WVSOM and drove him to the State Police detachment, where the man was questioned by Baker and Phillips.

Howard advised the troopers he “had no idea” that Musser worked at WVSOM and that he had visited the medical school to speak with his cousin. Howard denied attempting to contact Musser directly, but admitted he had posted an apology on Facebook and asked Musser’s friend and co-worker at WVSOM to show his ex-girlfriend the post, according to the complaint.

Howard’s cousin and Musser’s friend also were interviewed by police, Phillips wrote, and both women said Howard knew Musser worked at the school prior to his Tuesday visit there.

Based on Phillips’ complaint, Chief Magistrate Brenda J. Smith found probable cause for Howard to be arrested on the misdemeanor charge of violating a protective order.

A hearing scheduled Wednesday for the court to consider revoking Howard’s bond from the earlier charges was postponed because of a potential conflict for the defense counsel, whose secretary is married to Phillips.

Attorneys expect a hearing in the case to be conducted in Greenbrier Circuit Court early next week.

The 42-year-old Howard resigned from his post with the Lewisburg Police Department in late August of last year.

— E-mail: talvey@register-herald.com