RIPLEY, W.Va. (WV News) -- Brian Casto, one of three people charged with child neglect causing injury, has waived his preliminary hearing with the case now to be presented to a grand jury, which will determine if the charges warrant a trial.
In a motion by Casto’s attorney, the defendant waived his right to a preliminary hearing in front of Senior Status Magistrate Gail Roush. Roush is substituting for Jackson County Magistrate Jackie Casto who is on medical leave.
Brought into the May 17 hearing at the Jackson County Courthouse, Casto was visibly nervous as his attorney quietly explained the procedure before having him sign the waiver agreement.
Magistrate Roush asked the defendant if he understood that by waiving the hearing, his case would go to the circuit court for further disposition. Casto quietly replied, ‘Yes ma’am.”
Casto, along with Lylee and Michael Gillenwater, was arrested and charged after Lylee’s two-year-old son was taken to Jackson General Hospital dehydrated and malnourished. Upon notification of the child’s condition, deputies went to the apartment on Meadowlark Lane in Ripley where they found twin boys and a young female child living in what were described as ‘horrific conditions.’
All three children were removed from the home with the one boy being transported to Ruby Memorial Hospital in Morgantown.
Casto had been living in the home for several weeks.
The Gillenwater couple’s preliminary hearing on May 16 resulted in Magistrate Laura Pugsley finding probable cause to send the case to the grand jury.
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