According to Magistrate Court records, both Magistrates Richard Postalwait and Lora Davis were voluntarily recused at their request on September 15th, 2025 and replaced by Jackson County MagistrateTamara Milhoan. A preliminary hearing is now scheduled for September 24th, 2025 at 1 p.m.
Prosecuting Attorney Michael Hicks has also been recused and replaced with Doddridge County Prosecutor L. Elizabeth “Betsy” Coffey.
Commissioners Lupardus and Arthur continue to work with the State to have the case removed from Calhoun for trial, believing that a fair and unbiased trial will be difficult to hold with everyone’s connection to the case through McCumbers’ career and local affiliations.
The Preliminary hearing will involve Magistrate Milhoan, Prosecuting Attorney Coffey, Mr. McCumbers and his Attorney and any witnesses should either side decide to call them. The defense may also choose to waive the preliminary hearing and have the case sent to Calhoun Circuit Court for trial. If the Preliminary Hearing is held it will be to determine if there is probable cause to send the case to Circuit Court.
