Associated Press, Author at West Virginia Public Broadcasting

Wheeling University President Suspended With Pay, No Reason Given

The Wheeling University Board of Trustees announced in an email Tuesday that President Ginny Favede was relieved of all duties, news outlets reported. The statement gave no reason for the suspension and a school spokesperson told The Intelligencer Wheeling News Register that further details about it would not immediately be released.

A private West Virginia university that has struggled financially said it has suspended its president with pay.

Favede became the school’s 13th president when she was named to the position in 2019 amid financial difficulties. In 2021, the school was put on probation after the Higher Learning Commission determined it “does not have sufficient fiscal resources to support is operation,” noting it relies heavily on subsidies from the Diocese of Wheeling-Charleston. The probation was lifted last year, but the organization said it would continue to monitor the school due to concerns about finances, staffing and enrollment.

The university said graduate education director Dianna Vargo was named interim chief operations officer and will work with the Board of Trustees to develop a plan to move forward without disruption.

Probe Of Illegal Drugs Delivered By Drone At W.Va. Prison Nets 11 Arrests

Eleven suspects have been arrested in an investigation into illegal drugs allegedly delivered by drones into a federal prison in southern West Virginia. Another man under investigation who fled officers was later found dead, authorities said.

McDowell County Sheriff James Muncy said his office was contacted in November by officials at the medium-security Federal Correctional Institution, McDowell in Welch to help with increased drone use in the area. In December, the sheriff’s office started receiving multiple tips about drone deliveries.

Muncy said in a statement Friday that the arrests were made from mid-December through early February. The charges included introduction or attempts to introduce contraband into a correctional facility, possession with intent to deliver a controlled substance, unlawfully operating a drone, terroristic acts and felony conspiracy.

Muncy didn’t say what drugs were allegedly flown into the facility or whether any of those arrested are inmates there.

A Louisville, Kentucky, man wanted on an outstanding warrant in the investigation fled officers on foot Feb. 9. Members of the sheriff’s office found him dead on Feb. 15. The statement didn’t indicate where he was found, and his body was sent to the state medical examiner for an autopsy.

One of the arrested suspects is a juvenile, Muncy said. In addition, two suspects were charged with assault and battery on an officer and fleeing on foot. Another suspect in the case was charged with being a fugitive from Pennsylvania.

Most of the suspects remained held Monday at the Southwestern Regional Jail in Holden. Jail records didn’t indicate whether they have attorneys who could comment on the charges.

Manchin Announces He Won’t Run For President In 2024

West Virginia Sen. Joe Manchin said Friday that he is not running for president, according to his spokesman Jon Kott.

Manchin announced his decision in a speech at West Virginia University.

The centrist Democrat who often bucked his party’s leadership had been considering a run for the presidency and had said he thought it would be clear by March if there was a path for a third-party candidate this year.

Manchin is not running for reelection in 2024. His Senate seat in a heavily Republican state is expected to be a prime pickup opportunity for the GOP.

Inmate Dies After He Was Found Unresponsive At Scrutinized West Virginia Jail

Correctional officers at Southern Regional Jail found the 24-year-old man unresponsive in his cell and attempted life-saving measures, according to a Division of Corrections and Rehabilitation statement. He was then taken to a local hospital where he was pronounced dead, WCHS reported.

An inmate at a West Virginia jail scrutinized in lawsuits citing inmate deaths and alleging poor living conditions was pronounced dead Friday morning, officials said.

Authorities did not immediately provide further details or reveal the deceased inmate’s identity. The state Department of Corrections and Rehabilitation Criminal Investigation Division and the West Virginia State Police have opened an investigation into the death.

Several former correctional officers with Southern Regional Jail were indicted last month by a federal grand jury in connection with the 2022 death of an incarcerated man who was beaten while handcuffed and restrained in an interview room and later a jail cell. They were also charged with trying to cover up their actions, according to the U.S. Department of Justice.

The indictments came weeks after two West Virginia corrections officers pleaded guilty to a felony conspiracy charge stemming from the fatal beating of the same inmate, 37-year-old Quantez Burks. Burks was a pretrial detainee who died less than a day after he was booked into the Southern Regional Jail.

The state of West Virginia also agreed this year to pay $4 million to settle a class-action lawsuit filed by inmates who described conditions at the jail as inhumane. The lawsuit filed last year on behalf of current and former inmates described a lack of access to water and food at the facility, as well as overcrowding and fights that were allowed to continue until someone was injured.

NCAA Athletes Who’ve Transferred Multiple Times Can Play Through Spring Semester, Judge Rules

College athletes who have transferred multiple times but were denied the chance to compete immediately can play through the remainder of the academic year, a federal judge ruled Monday.

U.S. District Judge John Preston Bailey in West Virginia made the ruling on a motion filed Friday by the NCAA and a coalition of states suing the organization. Preston extended a temporary restraining order he had issued last Wednesday barring the NCAA from enforcing its transfer rule for 14 days.

The earlier ruling had opened a small window for multiple-transfer athletes to compete. But that window was extended by Monday’s decision, which converts the restraining order into a preliminary injunction. Bailey also canceled a previously scheduled Dec. 27 hearing and said the case would be set for trial no sooner than the last day of competition in the winter and spring sports seasons.

“This is a great day for student athletes — they will finally be able to compete in the sport they love,” West Virginia Attorney General Patrick Morrisey said in a statement. “It’s the right thing to do and I couldn’t be more pleased with the outcome.”

Friday’s motion came after the NCAA had circulated a document to its member schools clarifying that the redshirt rule for athletes would still apply if the court’s restraining order was reversed: Basketball players who compete even in one game would be using up a season of eligibility.

Several multiple-transfer men’s basketball players competed in games over the weekend, including West Virginia’s Noah Farrakhan, Cincinnati’s Jamille Reynolds and UT Arlington’s Phillip Russell.

The lawsuit, which alleges the NCAA transfer rule’s waiver process violates federal antitrust law, could have a profound impact on college sports if successful. In court documents, the NCAA has said the plaintiffs “seek to remake collegiate athletics and replace it with a system of perpetual and unchecked free agency.

NCAA rules allow underclassmen to transfer once without having to sit out a year. But an additional transfer as an undergraduate generally requires the NCAA to grant a waiver allowing the athlete to compete immediately. Without it, the athlete would have to sit out for a year at the new school.

Last January, the NCAA implemented stricter guidelines for granting those waivers on a case-by-case basis.

“I hope this is the beginning of real change within the NCAA,” Morrisey said. “We have to put the well-being of student athletes — physical, mental, academic and emotional — first. The NCAA needs to enact consistent, logical and defensible rules that are fair and equitable for everyone.”

The states involved in the lawsuit are Colorado, Illinois, New York, North Carolina, Ohio, Tennessee and West Virginia.

W.Va. Appeals Court Reverses $7M Jury Award In Ford Lawsuit

An appeals court in West Virginia on Friday reversed a $7 million award in a product liability lawsuit against the Ford Motor Co. to the family of a woman who died when her Ford Mustang was involved in a fiery crash.

The West Virginia Intermediate Court of Appeals sent the case back to Kanawha County Circuit Court for a new trial.

A jury had found that Ford was 99% at fault for the 2016 death of Breanna Bumgarner and awarded the money last year to her Raleigh County family.

Court records show that Bumgarner’s 2014 Mustang was hit by a pickup truck that had crossed the center line on U.S. Route 33 near Spencer in Roane County. The Mustang caught fire and Bumgarner was trapped in the vehicle. The lawsuit also named the 16-year-old driver of the other vehicle and her parents as defendants.

The plaintiff’s attorneys had argued that the Mustang’s brake fluid reservoir was not sufficiently protected from the crash and it led to the fire. The jury found that the reservoir’s design was not safe enough in preventing leakage in the accident.

The appeals court sided with Ford’s contention that negligent design claims require proof of a reasonable alternative design for establishing the existence of a defect, and that the jury should have been properly instructed on the requirement.