POINT PLEASANT — A Gallipolis man wanted in Gallia County on probation violations is fighting extradition back to Ohio following his arrest in Mason County, W.Va.
Joshua E. Buttrick, 21, was arrested by the Mason County Sheriff’s Office on October 18 on a petit larceny charge and is currently being held in the Western Regional Jail in Barboursville as a fugitive from justice.
His fugitive bond has been set at $100,000 while his bond for the charge of larceny in Mason County is set at $2,500, according to the jail’s website.
Buttrick had been charged in the Common Pleas Court of Gallia County for the burglary of a Woodruff Road residence in the northern portion of the county on September 13, 2010.
The defendant had allegedly entered the residence between the hours of 7:30 a.m. and 6:30 p.m. and stole two firearms, several knives and a fire safe, among other items.
He was later indicted on a count of third-degree felony burglary and pleaded guilty to this charge on February 1, 2011.
On February 22, 2011, Buttrick was sentenced to 24 months of community control.
On April 3, 2012, probation violations were filed with the court alleging that Buttrick failed to make his monthly payments, leaving a total of $4,000 owed to the court, missed eight office visits with his probation officer, failed to work off all of his community service hours and had not made an appointment with Spectrum Outreach Services since December 2011.
Buttrick, who had been arrested on March 31, was arraigned on these allegations on April 3 and was later released on an own recognizance bond.
The defendant later failed to appear for a preliminary and, then, a final hearing hearing in Gallia County on his community control violations on May 22.
A warrant was issued for his arrest.
A journal entry filed with the Circuit Court of Mason County, W.Va., on Monday indicates that the defendant, without counsel, came before Judge David W. Nibert to waive extradition so that he could be transported to Gallia County to face his criminal charges there.
According to the entry, the court was informed that the defendant did not wish to waive extradition and had counsel appointed to represent him.
The court ordered that the case be continued until January 10 to determine whether Gallia County has secured a governor’s warrant in this matter.
As in accordance with the U.S. Constitution, a person charged in any state with “treason, felony, or other crime” who has fled from justice and is found in another state, can be removed and delivered back to the state from which he or she fled on the demand of the “executive authority” of that state.
A governor’s warrant is the vehicle by which this statute is enacted and are issued for fugitives who do not waive extradition to another state.
In Gallia County, the Gallia County Prosecutor’s Office is in the process of requesting a governor’s warrant from the office of Ohio Governor John Kasich for Buttrick — a fugitive who has fled their jurisdiction and must be extradited back to Ohio before his case can proceed.