CPS worker also interviewed Kyneddi Miller’s grandmother

BOONE COUNTY, WV (WOWK) — Judge Stacy Nowicki-Eldridge has ordered a protective order on information related to a CPS worker interviewing both the mother and grandmother of Kyneddi Miller.

The attorney for Julie Miller, Kyneddi’s mother, and Donna Stone, her grandmother, were in court on Thursday. Both are charged in the death of Kyneddi Miller, a 14-year-old who was found dead on a bathroom floor “emaciated to a skeletal state.” The emergency hearing was focused on the actions of a CPS worker who went to the jail to talk to Julie Miller.

Court officials said CPS acting on their own and interviewing Kyneddi’s mother and grandmother without their attorneys present was illegal and could hurt their rights to a fair trial.

Boone County Prosecuting Attorney Dan Holstein argued to have all statements redacted from the state. There was also talk of sending copies of unredacted statements from the CPS worker’s interviews to the three defendants, but Ron Walter Jr., who is representing Julie Miller, asked for time to discuss with his client if she’s comfortable having her answers shared with the other suspects.

“The judge ruled that any interviews conducted by Child Protective Services of any of these defendants when the interviews occurred after they were charged and had counsel that that information not be provided to the prosecution, and that’s what we requested. We want the process to have some integrity, and so that’s the reason,” Prosecuting Attorney Holstein said.

A close family member told law enforcement that Kyneddi had an eating disorder and had not been eating for months, according to the criminal complaint. It said she was unable to function on her own for almost a week due to her physical state.

Kyneddi’s grandparents — Donna and Jerry Stone — have also been charged in connection to her death . They are being charged with child neglect resulting in death and were given a $25,000 property or 10%-cash bond. They are both out on bond.

According to the Boone County Prosecuting Attorney’s Office , Donna Stone, 76, waived her preliminary hearing. Her case will be bound over to a grand jury. The preliminary hearing for Jerry Stone, 75, was continued after he requested a mental evaluation, Prosecutor Dan Holstein said.

A press conference was held by Gov. Jim Justice’s office on findings from the investigation into the handling of Kyneddi Miller’s death in June.

Gov. Jim Justice’s Chief of Staff Brian Abraham said during the press conference two troopers went to check on Kyneddi Miller in 2023 and she told one of them she didn’t want to be around others because she was scared of COVID-19.

He said two troopers said they saw no sign of abuse and she was healthy. They made an informal disclosure to caseworkers at the CPS office. No action was taken because there were no allegations of abuse or neglect, Abraham said.

Abraham said the troopers went to the home because a distant relative had called one of them and expressed concern that Kyneddi had not been seen in public in quite some time.

Although the CPS workers had no recollection of the troopers coming by their office, Abraham said he believed the troopers when they said what they did.

Abraham said the troopers should have made a phone call to the CPS hotline rather than delivering the information in person. The West Virginia State Police has now issued a referendum to all detachments to use a 1-800 number to make a referral.

Abraham also said that a CPS caseworker who went to the jail to interview Julie Miller to close out the investigatory file gave their credentials and their identification was photocopied at the jail. He called the decision for them to go there “stupid,” and it could’ve been avoided if someone had asked a higher-up. Abraham said it was handled at the worker or county office level.

He said that state policy has been changed since they learned about this information Wednesday night. From now on, CPS workers are instructed not to conduct interviews with prisoners unless a supervisor has authorized it.

He made it clear that that press briefing would be the last time CPS and the governor’s office will be openly discussing the case.

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