Judge dismisses felony charge against Quinwood physician

Local News

January 29, 2009

By Christian Giggenbach The Register-Herald Thu Jan 29, 2009, 08:38 PM EST

LEWISBURG — A judge dismissed a felony charge of receiving stolen goods against a Greenbrier County physician this week after the state encountered “timing” issues related to his trial.

Richard B. Boone, 44, of Quinwood, was indicted last October for allegedly buying at least 13 stolen guns and other items, including a shotgun, bolt-action rifles and a muzzle loader. Boone was named with three others in the indictment, one of whom failed to appear for arraignment and is being sought by authorities.

Court documents indicated a criminal investigation by sheriff’s Deputy J.W. Ferguson II revealed the guns were allegedly stolen from a residence in Rupert. Ferguson initiated the investigation after the original gun owner reported them stolen last March 3. Two weeks later, Ferguson witnessed a separate man selling some of the guns near Charmco. That man claimed he had “gotten the guns from Richard Boone,” according to court documents.

Boone told authorities he purchased the guns for $600 from one of the co-defendants.

Lewisburg attorney Steve Hunter, who represented Boone, said a trial date had been set for Tuesday, but an ongoing civil case had prevented the trial from occurring. Plea negotiations were also unsuccessful, he said.

A defendant who does not waive his or her right to a speedy trial must be tried within the same term of the grand jury. With only three days left in the current grand jury term, prosecutor Pat Via, who inherited the case from former prosecutor Kevin Hanson, instructed assistant prosecutor Ryan Blake to ask Judge James J. Rowe to dismiss the charge without prejudice. That request was granted and leaves the door open for Boone to be reindicted on the same charge should Via purse the case.

“It was a timing issue,” Via said.

Hunter said state officials refused to renew Boone’s medical license while charges were pending and his client “wants to get on with his life.” Hunter said Boone had no previous relationship with the three other defendants.

— E-mail: cgiggenbach@register-herald.com

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