Eyewitness News Investigates: Finding ways courts can protect domestic violence victims

CHARLESTON, W.Va. (WCHS) — Although Donald Thomas had a history of domestic problems a series of decisions kept him out of jail. Police say Thomas murdered his wife in August, along with their 5-year-daughter before killing himself.

He also shot his one year old, who survived.

Kanawha County Metro records show 911 was called nine times from Thomas' house since 2020. But only one call centered on domestic violence.

Thomas' history includes a 2014 wanton endangerment charge where his brother was the alleged victim. But the brother moved and the case stalled.

Four years later, Thomas faced domestic battery charges by his wife and his mother. But his wife Alicia didn't want to move forward and his mom didn't show up in court.

Again early this year, Thomas was accused of abusing Alicia. And again she skipped the court date and the charge was dropped.

There's no way of knowing if the court system could have done anything to prevent this tragic situation. But, efforts have been made to focus on the problem using methods designed to keep judges educated about whom they are dealing with.

"First of all, everybody was meeting together," Lisa Tackett, WV Supreme Court Director of Court Services said. "They were looking at the criminal cases that were coming through and looking at the domestic violence protective order cases that were coming through. And they were keeping these individuals with one judge or one magistrate."

The advantage to keeping it with one judge or one magistrate, Tackett said, is because you have a better understanding of the family.

"You understand the family dynamics," she said. "And you can keep track of what is going on with that particular respondent within the criminal system."

Tackett said the system of using a designated magistrate and family judge focused on domestic violence concerns was effective.

"It worked, for two years nobody who had any contact with the pilot project court was murdered," Mike Kelly, Retired Kanawha County Family Court Judge, said.

But Tackett said despite its successes there were drawbacks and limitations.

"It worked fairly well in Kanawha County," Tackett said. "It was just very overwhelming because when Judge Kelly retired it all fell on the shoulders of the designated magistrate which was Magistrate Yeager. And that was a lot of responsibility and a lot of cases before one judge."

The retirement of the family court judge and the removal of the magistrate for a separate case of misconduct put the Kanawha County experiment on hold. But Tackett said the concept could return, if they can get the bugs worked out.

"We've kicked it around since this recent horrible, tragic event that happened with the family there in Elkview," Tackett said. "So, we've kicked that around, we've talked about it a little and said is this something that we need to look at again to bring back within the court system."