By Joshua Murphy
Williamson Daily News
August 28, 2009
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| Steven Steinbrecher (middle) appeared before Magistrate Pam Newsome Aug. 27, for a preliminary hearing. Steinbrecher, a youth pastor, was arrested last July for solicitation of a minor using the Internet, specifically Myspace |
The scene in Mingo County Magistrate Court yesterday appeared to be something from a TV drama.
The hearing to find probable cause in the case of youth minister Steven Steinbrecher was heard before Magistrate Pam Newsome. Though the hearing was preliminary, the attorneys argued their cases with vigor not seen outside of courtroom dramas.
Steinbrecher, 38, of Kermit, was arrested in July for allegedly soliciting a minor sexually via the internet using MySpace and instant messaging. According to previous reports, Steinbrecher was a youth pastor at Jennie’s Creek Gospel Church and a school bus driver at the time of arrest.
A preliminary hearing was continued on Aug. 4, because Steinbrecher did not have an attorney present and he was denied a public defender.
Jim Lees of Charleston, attorney for the defense, made a motion to the court to dismiss the case with prejudice. Lees said Steinbrecher’s actions were not unlawful, as the alleged victim is 17 years old and age of consent is 16 years old in West Virginia. The motion for dismissal was denied by Magistrate Newsome, who explained a magistrate court cannot dismiss a case with prejudice.
Assistant Prosecuting Attorney Eugene Cisco called the investigating officer, Trooper B.R. Moore of the West Virginia State Police to testify. Trooper Moore said in his testimony he received the complaint from the victim on July 21, and produced a copy of chats with Steinbrecher from the victim’s personal computer. The content of the chats were sexual in nature with Steinbrecher asking the victim out and saying that he would like to model lingerie for the victim.
Trooper Moore investigated the matter and had Steinbrecher meet him at the State Police headquarters in Williamson to which Steinbrecher willingly agreed to do. At that time, according to Trooper Moore, Steinbrecher waived his rights to an attorney and waived his Miranda Rights. Steinbrecher also acknowledged being a youth pastor and school bus driver as well as knowing the age of the victim while chatting. Moore said Steinbrecher had said he had asked the victim to meet him, but said in his statement he “would chicken out if she said yes.”
An argument developed in the court on whether the correct part of the West Virginia code of law was used in the criminal complaint and if Steinbrecher was a “person of trust” to the victim.
The criminal complaint was filed under 61-3C-14b which is in regards to solicitation of a minor via computer. Defense Attorney Lees felt Steinbrecher’s case did not fall under those guidelines, stating Steinbrecher was not attempting to solicit, entice, seduce, or lure the victim as the code implies. Cisco noted subsection 61-8D-5c, which explains West Virginia law in regards to sexual abuse by a parent guardian, custodian, or a person in a position of trust to a child. Cisco said Steinbrecher’s position as youth pastor and school bus driver puts him under the “person of trust” clause.
Magistrate Newsome found probable cause and bound the case over to the grand jury.
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