CHARLESTON – A Kanawha County man has been charged with retaliation after allegedly threatening to kill a circuit judge.

John Duncan of Elkview was arrested Monday. The criminal complaint charged him with intimidation and retaliation against public officers and employees, jurors and witnesses.

The complaint said Duncan had appeared before Circuit Judge Jennifer Bailey in an abuse and neglect hearing and made the threat in a counseling session. Bailey had ordered Duncan to undergo drug screening and psychological evaluation as part of an ongoing abuse and neglect case.

Police say the employee asked him in the June 1 session what he would do if his parental rights were terminated. The complaint said he responded, “I would kill her and then I would be on death row,” which the complaint said referenced Bailey.

The employee then told Duncan she was required to report the threat to Bailey and then he said, “the longer I sit here, the longer I incriminate myself,” according to the complaint.

The complaint said Duncan then told the employee, “Everyday she would look in the mirror, she would be reminded of why she shouldn’t have done that to me.” 

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