By William Dean-The Dominion Post

MORGANTOWN, W.Va. — Ladon Garrett hired a lawyer before coming forward as the alleged driver in a July hit-and-run incident that left a Morgantown man dead.

That attorney, Joseph Spano, called Morgantown Police detectives several days after the incident and told them where they could find the vehicle, according to testimony Friday during a preliminary hearing for Garrett.

Garrett, accused of leaving the scene after striking Divanté Coles with his car, was bound over to the grand jury.

Magistrate Hershel Mullins determined there was probable cause to move the case.

Garrett, 39, is charged under “Erin’s Law,” which requires a driver who hits a person to stop and render aid. If convicted, he faces one to five years in a state prison or a fine of not more than $5,000 and one to five years in prison.

Spano argued that his client believed he struck a deer and argued that Erin’s Law is specific that the person must only stop if they know they hit a person.

Prosecutor Perri Jo DeChristopher said that since Garrett did not testify at the preliminary hearing or give a statement to police that was just speculation.

B. Forsythe, a Morgantown Police detective, testified that Spano contacted him several days after the July 6 collision, told him he was aware of the case and he was representing Garrett. Spano told him the vehicle involved was in Saltwell, Harrison County.

Forsythe said that the vehicle, a black Chrysler 300, had front end damage consistent with witness reports and that blood was collected from between the cracks in the windshield and sent to a lab for DNA testing. He said the damage to the driver’s side of the windshield was “substantial.”

The detective also said he spoke with Garrett’s parole officer in Maryland, who told him Garrett called the day after the crash and said he hit a deer and would not be able to report as scheduled. Later, Garrett said he thought he hit a person and had to go to West Virginia to deal with it.

Questioned by Spano , Forsythe the night of his death, Coles was wearing khaki cargo pants and a black hoodie. His bike did not have a light, but did have reflectors, Forsythe said. The bike was a “neutral blue” basic road bike, he said.

A question from Spano about any previous citations Coles may have received was sustained by Mullins as not being relevant to the matter at hand.

Coles, 20, was biking home from his job at Popeyes Louisiana Kitchen when he was hit about 11:15 p.m. July 6. He died of his injuries just before 6 a.m. July 7.

Mullins allowed Garrett to remain out on $25,000 bond and ordered him not to have contact with Coles’ family – a condition requested by DeChristopher. He denied a request by Spano to prohibit Coles’ family – who he said have sent harassing texts to Garrett – from contacting his client because he has “no control over the victim’s family.” Mullins did ask any family in the courtroom to not contact Garrett.