NEW MARTINSVILLE – The circuit judge who allegedly pointed a gun at an attorney during an EQT oil and gas royalties hearing has recused himself from hearing other cases involving the company.
Also, a prosecuting attorney says he saw no criminal activity after reviewing video and audio of the hearing.
In a July 21 letter to West Virginia Supreme Court Chief Justice John Hutchison, Second Circuit Judge David W. Hummel Jr. asked to voluntarily recuse himself from 15 cases involving EQT.
Varnado
“At this time, I find myself adverse to EQT entities and/or affiliates as a result of matters of national/international attention,” Hummel’s letter states. “If you would be so kind as to appoint another Circuit Court Judge to preside over this instant litigation, I will be most appreciative.”
As Hummel notes in the letter, fellow Second Circuit Judge Jeffrey Cramer previously had recused himself from hearing EQT cases. Hummel and Cramer are the only judges in the Second Circuit, which includes Marshall, Wetzel and Tyler counties.
During a rare Saturday hearing on March 12 in Wetzel Circuit Court, attorney Lauren Varnado, who was representing EQT, said Hummel pulled a gun during the hearing and pointed it at her and her co-counsel.
Since the story broke, it has received national and international attention. And other stories about Hummel have come to light, including him accusing children of lying in a neglect case while chastising the mother in court proceedings and how he might have violated state law in obtaining oil and gas interests.
In addition, a letter to Varnado from Wetzel County Prosecuting Attorney Timothy E. Haught confirm the FBI is investigating the matter. The state Judicial Investigation Commission also reportedly is looking into the Hummel matter, but it will not confirm such an investigation.
In his August 9 letter to Varnado, Haught says he has reviewed the courtroom video, the audio and the official transcript.
“(I) do not find anything that constitutes a violation of West Virginia’s Criminal Code,” Haught writes. “I did not see or hear him threaten you, nor did I see him point the firearm at you.”
In a July 25 letter to Varnado, Haught writes about the video as well.
“What I saw on the video tape was Judge Hummel displaying his firearm for a few seconds,” Haught wrote. “It did not appear to me that he pointed his firearm at you or threatened you with the same during that time.”
West Virginia law permits a judge to carry a gun in his or her own courtroom. It does not address whether the judge can pull out or brandish the gun.
In his July 25 letter, Haught notes that the criminal misdemeanor offense of brandishing requires the display and use of a firearm in such a manner as to threaten a breach of the peace. There also is a one-year statute of limitations for filing charges.
Haught also tells Varnado he would appoint a special prosecutor to handle the matter if she does file a complaint.
“As Judge Hummel is a Circuit Court Judge for Wetzel County and I am an officers of his court and routinely appear before him, I do not feel it is appropriate for me to investigate or make prosecutorial decisions regarding this matter,” Haught wrote. “In the event you are alleging criminal conduct by Judge Hummel, I feel it would be appropriate for a special prosecutor to be appointed to make those decisions.”
Haught told The West Virginia Record he hasn’t received a complaint from Varnado about Hummel.
“I can’t really release anything more unless it’s subject to FOIA disclosure,” Haught said. “My letters (to Varnado) stand for themselves.”