Patterson Creek Fire Chief Justin Ratcliff was found guilty of battery in the Circuit Court of Mineral County on Wednesday for touching the buttocks of Alishia Peer of Short Gap during a fire drill at Frankfort Middle School last May.
Ratcliff was previously found guilty in magistrate court on Jan. 16 by Judge Andrew Frye, but under West Virginia law, was allowed to appeal the decision, hence the second trial.
Peer, who was 17 at the time, testified that Ratcliff, a 41-year-old bus driver for the Mineral County School System, came up behind her during the drill and placed what felt like his palm on her buttocks, before reaching for her breasts.
Peer prevented the consummation of this last action by crossing her arms over her chest, she said.
Ratcliff denied touching Peer, and after being questioned by assistant prosecuting attorney Jay Courrier, said, "the only way there could have been contact is if it was accidental, and I'm almost sure there was not contact with the hand."
Ratcliff has conducted an on-again-off-again affair for the past seven years with another student he used to bus to school - Alishia's sister, Carissa Foutz, who is now 24.
Ratcliff's attorney, Max White, argued that Alishia never saw Ratcliff grab her from behind, and questioned firefighters at the scene who admitted they never saw it happen either. Furthermore, she never acted as if anything was wrong when the group met at a pizza parlor after the drill.
To this Courrier responded that "just because they didn't see anything didn't mean it didn't happen," that it was a drill and people were busy practicing.
Moreover, Alishia's sister, Kelly Peer, 20, testified to seeing the whole thing take place.
"We didn't want to cause all this," Kelly said, weeping.
Judge Phil Jordan found no reason why the young women would lie about the matter, and declared Ratcliff to be guilty, which carries a maximum sentence of one year in jail and/or a $500 fine. A presentence investigation will be conducted before Ratcliff is sentenced.
The Patterson Creek Fire Department reported that Ratcliff was suspended from his position in January and will remain so until further notice.
