Putnam charges against man dismissed

By Lawrence Smith | Apr 11, 2008

WINFIELD – Though still facing domestic violence-related charges in Kanawha County, Jonathan D. Carter no longer faces charges he battered his then-pregnant wife Amy four years ago.

According to court records, two counts of domestic battery against Carter were dismissed on March 24. Carter's attorney, Charles Lee "Dusty" Phalen, filed a motion to dismiss the charges based on the timeliness in prosecuting the case.

"The alleged actions, if true, occurred more than one year ago," Phalen said in his motion. "The warrants were issued on Dec. 22, 2003."

According to court records, Carter was charged on Dec. 18, 2003, on two counts of domestic battery. The charges stemmed from an alternation he had with both Amy, and his father, William, at the Carter's home at 606 Sixth Avenue in Hometown.

At the time of the altercation, court records show Jonathan's address as 124 Marks Road in Dunbar.

Though records are unclear as to why, but an argument ensued between Jonathan and Amy. In the course of the argument, Jonathan not only put his hand around her throat in an attempt to choke her, but also threw her to the ground and jumped on her.

According to court records, William, pulled Jonathan off of Amy, who was five months pregnant at the time. After William broke-up the fight, Amy retreated into the bathroom, and Jonathan went outside.

However, records show, Jonathan came back inside, pushing William aside as he made his way to the bathroom. Before he left a second time, Jonathan reportedly "threatened to kill [Amy] when he saw her again."

Court records show that Jonathan was never arrested on the charges, and the case was placed in an inactive status on Feb. 10, 2005. On March 11, the case was reactivated when the Putnam County Sheriff's Department filed a new warrant.

Two days later while attending a related hearing in Kanawha County, Jonathan was arrested on the newly filed warrant. That same day court records show he was released on $1,000 personal recognizance bond.

Though records are unclear as to when, but the Putnam County Prosecutor's Office raised no objections to Phalen's motion to dismiss. After receiving no objections, Putnam Magistrate Kim Blair granted Phalen's motion.

Also unclear in court records is who within the prosecutor's office agreed to the dismissal. A clerk at the Magistrate Clerk's office said she could not make out the signature, and referred calls to the prosecutor's office.

A woman who answered the phone there said she was unfamiliar with the case, and could find no record where it had been referred to a prosecutor. However, she did say she would have someone obtain a copy of the dismissal order from the Magistrate Clerk's Office, and attempt to determine who handled it.

As of presstime, it was still undetermined which prosecutor had responsibility for the case.

Meanwhile, Carter, 32, still faces two separate trials on charges he violated a Dec. 19 protective order Amy filed on him. According to court records, Carter is slated for trial on three counts of violating that order on Monday, April 21 before Kanawha Magistrate Carol Fouty.

While on bond, Carter assaulted a male friend of Amy's with a shovel on Feb. 18 while he was helping her move from out of her former residence on Pine Street in Charleston. On Feb. 23, he was charged with both assault, and violating a protective order.

According to court records, Carter spent the weekend in the South Central Regional Jail before his mother, Dixie, paid the $2,500 on Feb. 25 for violating his Jan. 8 bond agreement. That case has also been assigned to Fouty, but a trial date has not been set.

Court records show while he was incarcerated, Jonathan made calls to Amy in violation of the protective order. This allegation prompted the Kanawha County Prosecutor Olubunmi Kusimo to file a motion with Fouty on March 6 to revoke Jonathan's bond in the two cases.

As of presstime, the motion was still pending Fouty's ruling.

Putnam Magistrate Court, Case Nos. 03-M-2444, 2445
Kanawha Magistrate Court, Case Nos. 08-M-296-298 and 08-M-2580, 2581

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