De Soto Granted Home Incarceration, Lower Bail In Terroristic Threats Case

West Virginia Delegate-elect Joseph De Soto will return to his Gerrardstown residence for home incarceration, the Berkeley County Magistrate Court ruled during a pretrial hearing Monday morning.

West Virginia State Police arrested De Soto on Dec. 12 under the felony charge of making “threats of terrorist acts.”

In a criminal complaint and public comments from multiple state lawmakers, De Soto is accused of threatening to kill several Republican legislators. These threats occurred over text and email in the days following a Dec. 8 Republican caucus of the West Virginia House of Delegates, according to the complaint.

Prior to the hearing, De Soto was detained at the Potomac Highlands Regional Jail. Defense counsel requested De Soto be moved to home incarceration, under conditions that he make no contact with the state lawmakers he allegedly threatened and possess no deadly weapons.

Defense Attorney Jake Mills argued that De Soto did not create a formal plan to target elected officials, held strong community ties, complied with law enforcement and had medical issues necessitating home care. De Soto used an oxygen tank during the hearing, Mills noted.

Berkeley County Assistant Prosecuting Attorney Garrett Robertson sought to keep De Soto’s bond at its initial amount and to keep De Soto in the regional jail. Robertson said De Soto posed a threat to members of the community and had expressed intent to carry out violence against elected officials.

Ultimately, Judge David DeHaven ordered that De Soto be moved to home incarceration under the conditions set forth by his defense counsel. If he follows the conditions, De Soto can remain at his residence until he posts bond or is convicted of a crime.

DeHaven also obliged defense requests to lower De Soto’s bail. De Soto’s initial $300,000 cash bail was lowered to $150,000 in cash or a surety bond.

De Soto was elected to represent Berkeley County in the West Virginia Legislature in November, and has not yet been sworn in. Prior to the Dec. 8 caucus, De Soto faced criticism for making fraudulent claims about his medical and military background.

Tony Hodge, chair of the West Virginia Republican Party, told West Virginia Public Broadcasting that some Republican state lawmakers sought to remove De Soto from office over the claims. The criminal complaint alleges that this effort made De Soto feel “ attacked and forced out” of the state legislature.

Mills told members of the press after the hearing that defense counsel aims to secure De Soto’s release to his Berkeley County residence by the end of the day. Mills also said it could take 30 to 60 days for the court to hold De Soto’s preliminary hearing, the next step in the judicial process.

Mills added that he simply “wanted to litigate [De Soto’s] bond issue during the hearing to “maintain his innocence until proven guilty.”