Arson Charge Won’t Hold

By ANNIE DIMMICK
MOUNDSVILLE — An arson charge against Lt. Daniel Holmes Jr. — son of Moundsville Volunteer Fire Department’s chief — has been dismissed.

Another Moundsville volunteer — Blaine Alan Vanscyoc — was convicted of a misdemeanor Monday for setting fires in the city. And a juvenile who also admitted involvement was classified as a delinquent in Juvenile Court and placed on supervised probation until his 18th birthday, according to Marshall County Prosecutor Jeffrey Cramer.

Cramer said Tuesday that a third-degree arson charge against Holmes Jr., 22, has been reviewed by a Marshall County grand jury, but the case will not proceed.

“As the case against Holmes was being prepared to be presented to the grand jury, it was determined that while we may have been able to secure an indictment from the grand jury under a ‘probable cause’ standard, the evidence against him was clearly insufficient to obtain a conviction at trial with a ‘beyond all reasonable doubt’ standard,” Cramer said. “The Holmes case has been dismissed without prejudice at this time.”

Cramer said if additional evidence against Holmes should be found, the case could be presented to a grand jury. However, he said the discovery of additional evidence is unlikely, adding that Holmes has maintained his innocence since the charges were filed.

Holmes is the son of the department’s chief, Daniel Holmes Sr., and Christy Holmes, who also is a firefighter.

He, along with Vanscyoc and the juvenile were charged with setting several Dumpster fires last July.

In Marshall County Circuit Court on Monday, Vanscyoc pleaded guilty to one count of destruction of property — a lesser offense included in his four arson indictments. He also was indicted on three counts of setting fires, but those charges were dismissed as part of the plea agreement — two with prejudice and one without.

As part of his plea agreement and at the recommendation of Cramer, Vanscyoc will not spend time in prison. Cramer said he made the recommendation because Vanscyoc recently enlisted in the military.

“He graduated from John Marshall a couple weeks ago,” Cramer said. “If he’s convicted of a felony, for the next 50-60 years he’ll have that felony conviction following him, most likely preventing him from many job and educational opportunities in life. Having another unemployed convicted felon on our streets benefits no one.

“By our plea agreement, allowing him to enter military service, he has a chance to put the actions of an immature 18-year-old behind him and become a productive member of society,” Cramer added. “I will consider it a breach of our agreement if he receives anything but an honorable discharge from the service.”

Jim Burton, president of the Moundsville VFD, could not be reached for comment at press time Tuesday.