On Sept. 2, 2019, Adam Colasessano was arrested at 10:20 a.m., but was not arraigned before a magistrate until after 9 p.m. Colasessano’s attorney, Daniel James Sr., said that violated Colasessano’s right to prompt presentation, as required by West Virginia Code and West Virginia Rules of Criminal Procedure. James also moved Colasessano’s confession that he had been “huffing duster” be suppressed.
Senior Status Judge H. Charles Parsons presided over the hearing held in Hardy County Circuit Court on Thursday, Feb. 27.
Colasessano was indicted in October 2019 on one count of driving under the influence causing death, one count of hit and run causing death, one count of involuntary manslaughter and one count of child neglect causing the risk of serious bodily injury.
Genevieve Eaton was killed on Sept. 2 in a hit and run on the South Fork River Bridge on Route 220 South in Moorefield.
Colasessano was arrested shortly after the crash because of damage to his vehicle. He told arresting officers he had dropped his cell phone, had reached down to retrieve it and hit a tree. A can of aerosol electronic cleaner, commonly known as duster, was found in his vehicle.
James conceded that Monday, Sept. 2 was a holiday, Labor Day. James also acknowledged, in court, the entire investigation as it related to the interviews with Colasessano, was recorded by Moorefield Police officers’ body cameras. James questioned MPD Lt. K. Helmick extensively on the timeline of the questioning.
Helmick said he initially