CHARLESTON, WV (WOWK) — A court hearing will happen Monday, March 13, for a West Virginia State Trooper accused of domestic battery and felony strangulation.

That is according to Trooper Joseph Comer’s attorney David Moye and the Ritchie County Magistrate Court.

Court officials originally scheduled Wednesday, March 8, as the date for a probable cause hearing on felony charges. The magistrate court could not confirm why the hearing was moved to Monday.

Attorney Moye tells 13 News that the magistrate recused themself from the case due to a conflict of interest.

In late February, Comer turned himself in when a criminal complaint was filed against him.

Criminal complaints say Comer is accused of strangulation and domestic violence during child custody exchanges in a hotel parking lot in Ritchie County, West Virginia, on Dec. 5 and Dec. 12, 2022.

Charges were not filed until Feb. 23.

Attorney Moye says charges filed against his client are retaliatory in nature because Comer previously brought attention to misconduct from the top ranks of the department.

Attorney Moye says his client plans to sue.

He will not confirm if his client wrote an anonymous letter that prompted a West Virginia Department of Homeland investigation into widespread misconduct allegations within the organization. The letter was sent to the West Virginia Attorney General and several other state lawmakers.

13 News reached out to West Virginia State Police regarding Attorney Moye’s comments but has not heard back. Our team will continue trying to confirm more information.