McNinch School Abuse Trials Waived Until Next Term of Court; People Protest Outside of Courthouse
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MOUNDSVILLE — While crowds protested them outside, two women allegedly involved in the abuse of an autistic McNinch Primary School student waived their rights to trials this term of court, pushing their cases into the next term starting in November.
Former kindergarten teacher Kiersten Moses, 23, and school administrator Erin Cuffaro, 46, who is on unpaid leave pending the outcome of her case, both appeared before Marshall County Circuit Court Judge Richard Wilson during separate status hearings on Monday.
Cuffaro's attorney Dean Makricostas said he needed more time to prepare his case and asked it be pushed to the next term. Wilson granted the request, noting Cuffaro’s next hearing will be set for 9 a.m. Nov. 19, which is the docket day for the new term of court.
Meanwhile, Marshall County Prosecutor Joe Canestraro said that he had received a counteroffer from Moses regarding his plea deal offer to her. He said he needed time to digest it and did not believe there would be enough time to go to trial this term of court anyway. So, Moses and her attorney Braden Noon agreed to waive her right to a trial this term. Moses’ next court appearance will also be 9 a.m. Nov. 19.
As the hearings were going on inside, two groups of people holding signs outside the courthouse said they were protesting the treatment of the student involved in the court cases. Their signs included the statements, “I will not be silenced. Hold them accountable,” “Be their voice. Stop special education abuse,” “Teachers should protect not neglect. Shame on you,” “Should have protected our kids instead of your friend; shame on you,” “Dear children, it’s not supposed to be like this,” “Prevent child abuse. If you see something, say something,” and more.
Moses, a former McNinch Primary School teacher, is charged with four felony counts of battery on a disabled child, one felony count of child abuse, one felony count of strangulation and misdemeanor counts of maltreatment. She was originally arrested for allegedly grabbing a 6-year-old student with nonverbal autism by the neck and squeezing. During the investigation, it was discovered that Moses allegedly battered a second student. Three of the counts of battery on a disabled child stemmed from the original alleged incident. The fourth came from an alleged incident involving the second student.
Cuffaro, director of special programs for Marshall County Schools, is facing nine felony counts of child neglect for allegedly leaving the students in that classroom under Moses' supervision prior to the allegations being reported. Cuffaro also was indicted on two misdemeanor counts: one count of failing to report child abuse or neglect and one count of providing false information to a state trooper.
Moses resigned from her position, while Cuffaro remains suspended without pay pending the outcome of her case.
A third defendant in the case, former McNinch principal Jane Duffy, is facing one misdemeanor count of failure to report child abuse or neglect. Duffy's case is pending in Marshall County Magistrate Court.
According to the original criminal complaint against Moses in December 2025, a West Virginia state trooper was investigating a complaint made Oct. 8, 2025, regarding the alleged abuse of a McNinch student on Sept. 18, 2025. According to the complaint, Moses allegedly grabbed a 6-year-old student, who is nonverbal and on the autism spectrum, by the neck with both hands and squeezed.
The incident was recorded on video, according to the complaint, and the trooper reviewed the video. In his report, he said he saw Moses interact with the student near a door in the special needs classroom. The student appeared to become agitated and advance toward Moses. Moses allegedly reacted by placing both hands on the child's neck and squeezing for about six seconds.
According to the complaint, a school aide witnessed the incident and took the student to the nurse's office, where the nurse took photos of red marks on the child's neck. The trooper also reviewed video from Sept. 16, 2025, that showed Moses standing behind the child, grabbing the child’s arms and pulling them in a crisscross behind the child's back “in a needless and uncomfortable position.”
According to the complaints against Duffy and Cuffaro, the aide alerted Duffy to the incident, and Duffy reported it to Cuffaro. According to the complaints, both reviewed video of the incident.
The trooper asked Duffy why she did not report the incident through the Child Abuse Hotline. Duffy's position makes her a mandated reporter who must report any incident of child abuse within 24 hours. Duffy allegedly showed the trooper a text message from Cuffaro that read, “My day is crazy. She did put her hands on (the student's) neck briefly. Please talk with her about this. Not a verbal reprimand at this point, but tell her to watch putting her hands on children when it is not necessary.”
The trooper then spoke to Cuffaro on multiple occasions, according to the complaints. The trooper said Cuffaro told him she did tell Duffy to give Moses a verbal reprimand. When confronted about the text message, Cuffaro allegedly told the trooper she did not send it and offered to show him proof.
According to the complaints, the trooper said it appeared the message had been deleted, as was everything else prior to that specific message. Everything after that specific message remained on the phone. According to the complaints, Cuffaro later admitted to sending the message.