May 14, 2015 3 min read

Washington County Judge Valarie Costanzo removed herself from presiding at the nonjury trial of a former city police officer just before testimony was scheduled to begin Thursday.

No new court date was immediately set for Joshua J. Rush, 40, of North Strabane Township, a city police officer for 10 years until administrative action was taken against him last fall.

Rush was charged with misdemeanor counts of obstruction of justice, hindering prosecution and reckless endangerment after investigators said they found cellphone text messages from him to a known prostitute warning her of a sting Sept. 17, 2014.

In court Thursday, Rush’s attorney, Joseph Francis, made a motion requesting Costanzo not preside over the case and that another judge who had not previously heard testimony in the matter be assigned to it.

In January, the district attorney’s office came before Costanzo with a proposed plea agreement that would have resulted in probation for Rush, but Costanzo refused to accept it. On Feb. 12, Rush chose to have his case heard by a judge rather than a jury.

Francis did not present a motion for the judge’s recusal until Thursday because, he said, he was researching the issue and he “wanted to give my client as much time as possible to ponder it.”

Assistant District Attorney Leslie Ridge said the prosecution took no position on Francis’ request Costanzo step aside.

“We left it to the judge’s discretion,” Ridge said after a brief court proceeding.

Jurisdiction in the matter will remain with Washington County criminal court, but which judge will now hear Rush’s case wasn’t clear Thursday.

Rush stands accused of sending text messages to a woman warning her of an undercover prostitution sting operation by the District Attorney’s Drug Task Force in Washington. Police said Rush also tried to distract his supervisor while they drove together in an unmarked car during the sting. After the two parted ways, the supervisor went back into the area of West Walnut and North Franklin streets and allegedly was solicited by the woman, Beth Ann Davis.

Davis, who goes by the street name Butterfly, offered the undercover officer sex in exchange for “donations” before a uniformed Washington patrolman pulled them over about a half-mile away, court documents allege.

Police said she had text messages from Rush on her cellphone warning her of the sting that day. Investigators said they also found text messages indicating the two were carrying on a sexual relationship for about five years after Rush arrested Davis, 31, of Wheeling, W.Va., for prostitution in 2007.

Davis was charged in February with prostitution. She was formally arraigned last month and is free on $10,000 unsecured bond. A pretrial conference in her case is scheduled for later this month, according to court records.

Both Rush and his supervisor are city police officers but they were working for the drug task force during the sting

Rush, who also remains free on $10,000 unsecured bond, was immediately placed on paid administrative leave, but his status changed to suspension without pay in October. A change in his status is pending adjudication of criminal charges.