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Beating, Robbery Case Bound Over

By ANNIE DIMMICK Staff Writer
POSTED: October 6, 2009

After being paroled as a "model prisoner," Michael Brant Tustin will again face a grand jury for allegedly injuring and robbing a Cameron man.

Tustin was paroled in May following his conviction for biting off a portion of a man's nose. Now a grand jury will review a case against him for an alleged September assault that left Andrew Brandt injured.

In Marshall County Magistrate Court last week, the cases against Tustin, 37, and Jeremy Lee Timmins, 26, both of Cameron, were bound over. Magistrate David Buzzard found probable cause in Timmins' case, and Tustin waived his right to a preliminary hearing.

According to Cameron police, the two are accused of entering Brandt's Cameron home on Sept. 8, beating him while he slept on the couch then taking $36 from him.

Police said Brandt received severe facial trauma as a result, including a facial bone fracture, and had to be taken to a local hospital for treatment. Tustin and Timmins have been charged with one count each of burglary, malicious wounding and first-degree robbery.

Minutes before his December 2007 trial was set to begin, Tustin pleaded guilty to one count of unlawful assault for biting off the nose of Edgar Heller during a dispute in June of that year. Marshall County Circuit Judge John T. Madden gave Tustin a suspended sentence of one to five years in prison and placed him on home confinement with work release privileges to be followed by two years of supervised probation.

On a second misdemeanor charge of battery, stemming from a fight in August 2007 during which Tustin admitted to striking a women in the eye, Madden suspended a one-year sentence that was to run concurrent with the first sentence.

However, according to Marshall County Prosecutor Jeff Cramer, Tustin's home confinement was revoked in October 2008 after he tampered with his home confinement equipment and left his home. Although the one- to five-year sentence was imposed for that violation, Cramer said Tustin was later paroled by the West Virginia Parole Board.

West Virginia Department of Military and Public Affairs Deputy Secretary Joe Thornton said Tustin was paroled in May for good behavior while serving in the Stevens Correctional Facility in Welch, W.Va.

"He showed up to be a minimal risk," Thornton said of Tustin's parole review. "He had no write-ups. He was a model prisoner."

Noting that the system is not perfect, Thornton pointed out that, in 2010, Tustin would have been eligible for release without supervision. He added that Tustin's May parole did stipulate supervision.

"That does allow us to keep an eye on him as opposed to just setting him free," Thornton said. "That is something that is taken into consideration."

Still, seeing alleged victims report being assaulted by parolees is something Cramer said he hates to see and works to fight.

"It's frustrating as a prosecutor when people who are granted parole or probation continue to commit crimes," Cramer added. "At that point, we work hard, maybe even a little harder, to make sure we convict them, send them back to prison and hope they stay there to serve the entire sentence."

Tustin's parole officer, Chuck Rose, declined to comment on the status of Tustin's case. Tustin remained in the Northern Regional Jail on Monday on $50,000 bond.

Although Marshall County Magistrate David Buzzard reduced Timmins' bond from $50,000 to $25,000 last week, Timmins also remained in the jail Monday.

 
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justmytake
10-06-09 9:00 AM
Another case involving questionable actions of Judge Madden. This guy goes around beating people and gets a slap on the wrist and home confinement. He then violates it and is a "model prisoner." Maybe this guy can only beat up defensless women and men who are asleep. I guess he don't want to fight so much in prison where he might get his clock cleaned. What a coward. He needs locked up for good this time. How many people can he get away with beating before someone is killed? I say lock him up and throw away the key.

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