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Gilmer County Magistrate Court Report

The Free Press WV
Magistrate Court of Gilmer County, West Virginia
Defendant Offense Disposition
Persinger, Jamie Freda Driving while license suspended or revoked Dismissed - Deferred Sentence
Kennelly, Jacob Tyler Use or Possession of Tobacco by persons under eighteen years Proceedings Deferred
Bailey, Brandon A. Possession of Controlled Substance Dismissed - Deferred Sentence
Hamilton Jr., Phillip James Harassment - Repeatedly making credible threats against another Dismissed
Reaser, Danny Joe Failure to register or provide notice of registration changers (Life Registration) Transferred to Circuit Court
Speas, Kristopher A. Prohibited Acts A; Prohibited Acts (Manufacture Schedule I and II Narcotic) Transferred to Circuit Court
Phares, Keri Nicole Expired Registration Guilty-Plea Agreement
Lucas, Cassie Lynn Domestic Battery - Unlawful or Intentional Physical Contact or Harm to Family or Household Dismissed - Joint Motion
Huff Cassandra J. Unlawful Disposal of Litter over 500 Pounds Dismissed - Plea Agreement
Huff Cassandra J. Cruelty to Animals (3) Mistreat Dismissed - Plea Agreement
Huff Cassandra J. Failure to Register a Dog or Kennel (3) Dismissed - Plea Agreement
Huff Cassandra J. Vaccination of Dogs and Cats (3) Dismissed - Plea Agreement
Cooper, Elijah Trespass in Structure or Conveyance Dismissed - Deferred Sentence
Sprouse, Angela Lee Failure to Stop for School Bus Dismissed
Alexander Jr., Christopher Obstructing an Officer Proceedings Deferred
Cain, Devin Edward Driving While License Revoked - DUI Proceedings Deferred
Cain, Devin Edward Carrying Deadly Weapon without License or other Authorization Dismissed
Rollyson, Jonathan Tyler Speeding No Contest per Plea Agreement
Rollyson, Jonathan Tyler Separate Examination for a License Valid for Operation of Motorcycle Dismissed - Plea Agreement
Pritt, Jason Mandell Possession of Controlled Substance No Contest Plea / Nolo Contendre
Pritt, Jason Mandell Permitting Unauthorized Person to Drive No Contest Plea / Nolo Contendre
Pritt, Jason Mandell No Insurance Dismissed - Proof of Insurance
Junkins, Faith Ann Conditional Discharge for First Offense of Possession Guilty - Defer Sentence
Junkins, Faith Ann No Insurance Dismissed - Proof of Insurance
Junkins, Faith Ann No Operators Guilty Plea
Mayes, Zachaery R. Cell Phone Guilty Plea
Juvenile #1 Use of Tobacco or Tobacco Product in Certain Areas of Certain Public School Guilty Plea
Achley, Ralph Edward Passing on Double Yellow Guilty Plea
Achley, Ralph Edward Driving While License Suspended or Revoked Guilty Plea
Hardman, Brian Scott No Plates No Contest Plea / Nolo Contendre
Hardman, Brian Scott Permitting Unauthorized Person to Drive No Contest Plea / Nolo Contendre
Juvenile #2 Use of Tobacco or Tobacco Product in Certain Areas of Certain Public School Guilty Plea
Juvenile #3 Use of Tobacco or Tobacco Product in Certain Areas of Certain Public School Guilty Plea
Juvenile #4 Use of Tobacco or Tobacco Product in Certain Areas of Certain Public School Guilty Plea
Juvenile #5 Use of Tobacco or Tobacco Product in Certain Areas of Certain Public School Guilty Plea
Chipps, Dusten Slade Unlawful Disposal of Litter from Motor Vehicle Guilty Plea
Helmick, Jennifer Sue Domestic Assault - Unlawful Use of Force Capable of Causing Pain/Injury to Family Household Guilty Plea Agreement
Helmick, Jennifer Sue Interference, Prevention, or Deprivation of Access to Emergency Services Dismissed - Plea Agreement
Hardman, Douglas Ray Failure to Use Due Care No Contest Plea / Nolo Contendre
Fields, Linda Marie Driving While License Suspended or Revoked Guilty Plea
Fields, Linda Marie Left of Center Guilty Plea
Blosser, Jeffrey Eugene No Vehicle Insurance Guilty Plea
Gillespie, Jesse Allen Speeding Guilty Verdict
Tallhammer, Tammy Renee Certificate of Insurance Guilty Plea
Foster, Tina Expired Operators No Contest Plea / Nolo Contendre
George, Shannon Lynn Possession of Controlled Substance Hydrocodone Dismissed
Felecher, Carrie Driving Suspended / Revoked - Non-DUI Guilty Plea

Federal Court Backs FCC’s Treatment of Internet as Utility

The Free Press WV

A federal court has upheld the Federal Communication Commission’s decision to treat the Internet like a utility – a victory for consumers say advocates of net neutrality.

The 2-to-1 ruling came Tuesday from the U.S. Court of Appeals for Washington, D.C.

Marty Newell, a member of the Rural Broadband Policy Group, says the court ruling is “part of the march” to treating broadband the same way we treat telephone service.

“It’s not optional,” he stresses. “It’s not a luxury. There was a time when Internet access might have been considered a luxury, but it’s not now. That time has passed.

“It’s a necessity in the same way that we looked at the telephone once upon a time.“

The cable and telecom industries and their allies argue that the FCC’s rule is overreaching and would stifle investment and customer choice.

But Newell and other advocates say web users need more protections from providers.

Newell says the ruling is especially important in rural areas of the country that are underserved by broadband.

Take Kentucky for example, where Newell says around one out of every four households does not have access to broadband services.

“We don’t have as much choice,” he points out. “The competition is not nearly as great.

“It is critical that this communications tool that it is absolutely essential to do business in the 21st century, that it be an open system.“

The Rural Broadband Policy Group says of the 19 million Americans who don’t have broadband, more than 14 million live in rural parts of the country.

Noting a lot of money is at stake, Newell says he knows the legal challenges will continue, something the industry giants have promised.

Gilmer County Circuit Court Report

The Free Press WV

On Monday, June 13, 2016 Chief Judge Jack Alsop presided over his monthly motion day in Gilmer County.


•  He heard 9 juveniles.


•  One fugitive from justice waived to return to the state of Ohio and authorities there have until 4 PM Wednesday, June 22, 2016 to pick up Nathan Hughes or Central Regional Jail will release him.

Hughes was represented by local attorney Shelly DeMarino.


•  One expungement was granted.


•  One reconsideration was denied in the case of State of West Virginia vs. Teresa Riggs.


•  The civil matter of Michael Murphy vs. Gilmer County Commission and Marlea Cottrill Hagerman was before the Court.

Judge Alsop directed Murphy to get a certified copy of the estate of Willard Cottrill file from Jean Butcher, Gilmer County Clerk and file in Court along with a brief stating his case within 30 days.

Then Hagerman has 30 days to reply to his brief and then the Court will issue a written opinion in the matter.


•  Later in the morning the case of Richard & Peggy Neal vs. Marlea Cottrill Hagerman was before the Court for a status hearing and he took the matter under advisement and will issue a ruling later.

Gilmer County Circuit Court Report

The Free Press WV

On Tuesday, June 07, 2016 Chief Judge Jack Alsop heard cases in Gilmer County.


•  One fugitive from justice, namely Jose Robledo Jr., waived to return to the state of Oklahoma.

Authorities there have until 4 PM,  Thursday, June 16, 2016 to pick defendant up at Central Regional Jail or they will release him.

He was represented by David Karickhoff of Sutton.


•  Two juvenile cases were heard.


State of West Virginia vs. Joshua Rigsby

He pled guilty to count 1 of the indictment charging conspiracy with the remainder of the counts in the indictment being dismissed.

He also entered a plea to manufacturing a Schedule II controlled substance as charged in an information filed against him.

He was represented by Kevin Hughart of Sissonville.

He will be sentenced on Wednesday, August 03, 2016 at 1 PM.


Chief Judge Jack Alsop presided over the trial of

•  State of West Virginia vs. Kenneth Morgan.

Trial began at 9:35 AM and the State rested its case at 11:32 AM.

After motions were made outside the presence of the jury the defendant testified until Noon and the defense rested its case and Judge Alsop excused the jury for their lunch hour and they returned at 1:15 PM and the Judge instructed the jury and at 1:46 PM.

The prosecutor gave closing argument, likewise the defense did.

At 2:00 PM the jurors went to the jury room to deliberate upon a verdict.

At 2:30 PM the jury had a question and after having it answered by the Judge, at 2:50 PM they returned to the Court room and found Morgan guilty of all 6 counts of the indictment against him.

Sentencing will be on Monday, July 11, 2016 at 10:45 AM.


Judge Alsop will return to Gilmer County for motion day on Monday, June 13, 2016.

Gilmer County Family Court Report

The Free Press WV

On Wednesday, June 08, 2016 Family Court Judge Larry Whited was in Glenville.


Eight(8) domestic violence cases were set to be heard:


•  Three will be transferred to another Family Court Judge due to a conflict


•  Three were terminated.


•  Two were granted.

Gilmer County Circuit Court Report

The Free Press WV

On Friday, June 03, 2016 Chief Judge Jack Alsop heard cases in Gilmer County.

Initially he dealt with the Grand Jury which was recalled after hearing cases in March.

Special prosecuting attorney Steve Jones presented one indictment and then Gerald Hough presented 6 more indictments.


•  State of West Virginia vs. William Raymond Hardman II

He was indicted for 1 count of malicious assault, 2 counts of conspiracy to commit murder, 1 count of attempted murder.

Hardman is represented by Clinton Bischoff of Summersville.


•  State of West Virginia vs. Kevin Ray Curry

He was indicted for 1 count of conspiracy and one count of obtaining services by false pretenses.


•  State of West Virginia vs. Amy Melissa Self

She was indicted for 1 count of conspiracy to commit an offense against the state.


•  State of West Virginia vs. Stefano Christian Pecci

He was indicted for possession with intent to deliver a Schedule I controlled substance.


•  State of West Virginia vs. Jeremy Scott Ward

He was indicted for 1 count of daytime burglary and 1 count of petit larceny.


•  State of West Virginia vs. Adam Glen Couch

He was indicted for 1 count of murder and 3 counts of wanton endangerment involving a firearm.


•  State of West Virginia vs. Charles Matthew Collins

He was indicted for 14 counts of sexual abuse by a parent, guardian, custodian or person in a position of trust to a child and for 14 counts of sexual abuse in the first degree and 2 counts of sexual assault in the third degree.

ARRAIGNMENTS WILL BE THURSDAY, JULY (not June) 07, 2016 at 1:30 PM.


•  Judge Alsop also heard motions in the civil case of Brenda Lawson vs. Gilmer County PSD

Several motions were heard and it remains on the trial docket set for Wednesday, June 22, 2016.


•  Also heard were motions in the case of GMH Gas Co. vs. William Cottrell et al

Several parties participated via conference call.

Judge Alsop will enter a written order regarding today’s proceedings and schedule a further hearing at that time.


•  Two juvenile matters were heard.

Gilmer County Circuit Court Report

The Free Press WV

Chief Judge Jack Alsop held Court on Wednesday, June 01, 2016 in Glenville.


•  State of West Virginia vs. Christopher DeBarr

He was before the Court for revocation of probation, but his attorney failed to appear and after learning defendant had not been arrested yet, Judge Alsop ordered him detained by the Sheriff until afternoon when his attorney would be at the court to proceed with the hearing.

Testimony was then taken in the case and the final hearing was scheduled for Monday, July 11, 2016 at 10:10 AM.

Christopher Moffatt of Charleston was DeBarr’s attorney.


•  State of West Virginia vs. Tiffany Parker

She entered a plea to 2 felony counts, one of forgery and one of uttering.

She was represented by Clinton Bischoff of Summersville and a presentence investigation was ordered to be done by Probation Officer Mike Haley and her sentencing will be Monday, July 11, 2016 at 9:40 AM.

Later she flunked her drug screen and was sent to jail to await sentencing.


•  State of West Virginia vs. Joshua Rigsby

He was before the Court with his attorney Kevin Hughart of Sissonville.

He will enter a plea on Tuesday, June 07, 2016 at 2:30 PM.


•  State of West Virginia vs. Kenneth Morgan

He asked for new counsel to be appointed, which motion was denied by Judge Alsop.

David Karickhoff of Sutton represents Morgan and his trial remains on the docket for Wednesday, June 08, 2016.


•  State of West Virginia vs. Kathy Merrifield-Stover

She had her case dismissed without prejudice.

She was represented by James Hawkins from Buckhannon.


•  State of West Virginia vs. Amy Self

She was before the Court and several pretrial motions were heard.

There will be a status hearing held on Monday, July 11, 2016 at 9:50 AM in her case and her trial has been reset for Tuesday, August 02, 2016 at 9:00 AM.

She is represented by Paul Williams of Summersville.


•  Four juvenile matters were heard.

Gilmer County Circuit Court Report

The Free Press WV

•  Gilmer County’s Circuit Karen Elkin attended the annual Circuit Clerk’s Meeting in Bridgeport, WV from Sunday through Wednesday, May 25, 2016.



On Monday, May 23, 2016 Judge Richard Facemire heard cases in Gilmer County before going on to the Judge’s conference.


•  Two fugitives waived to return to their home states, namely, Randy Dixon waived to return to Pennsylvania and Leslie Gould waived to return to Oklahoma.

Both were represented by Brian Bailey of Buckhannon and authorities in their states have until 4:00 PM on Tuesday, May 31, 2016 to pick them up or Central Regional Jail will release them.


•  Three juvenile matters were heard.


•  State of West Virginia vs. Adam Couch

He had motions heard in his case.


•  One expungement hearing was cancelled.


•  One name change was gratned.

Gilmer County Family Court Report

The Free Press WV

Due to the flooding of the Court House Annex building, all Family Court matters were cancelled for Wednesday, May 25, 2015.

Gilmer County Circuit Court Report

The Free Press WV

On Friday, May 06, 2016 Chief Judge Jack Alsop heard 4 matters in Gilmer County.

•  He heard 3 juvenile matters.


•  He also ordered release of Geoffrey Shaffer from Central Regional Jail after posting a bond.




On Monday May 09, 2016 Judge Alsop held motion day in Gilmer County.


•  One civil pretrial was not heard due to the case being settled.

The trial has also been cancelled for Tuesday, June 07, 2016.


•  State of West Virginia vs. Kimberly Swiger

She was released from Central Regional Jail on 5 years probation and is being placed at Mid-Ohio Valley Rehab.

She also must perform 120 hours of community service per year of probation unless she is employed and then she can perform 80 hours.

Swiger was represented by Andrew Chattin of Charleston.


•  Nine juvenile matters were heard.


•  One civil matter was cancelled due to the attorney hydroplaning and not being able to appear.

Later the attorney reset the case of Richard Neal vs. Marlea Cottrill Hagerman for Monday, June 13, 2016 at 11:15 AM.


•  One name change was granted.


•  State of West Virginia vs. Adam Couch

He was before the Court and agreed to submit a DNA sample.

He is represented by co-counsel Kevin Hughart and Brian Bailey.


•  State of West Virginia vs. Tyler Sutphin

He was before the Court after successfully completing the Anthony Center and was given 5 years probation and must pay court costs.

His attorney was Brian Bailey of Buckhannon.


•  State of West Virginia vs. Danny Lambert

He was before the court for sentencing after being found guilty by jury previously.

He was placed on 5 years probation and must pay court costs as well as perform 120 hours of community service.

He was represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Audrianna Claypool

She was also before the court and her probation was revoked after having completed nearly 4 3/4 years of same and having served time in the penitentiary previously.

She was placed on 1-15 years of home confinement.

Grindo was also her attorney.


•  Lastly Grindo also represented Gerald Adkins II who made admissions to his revocation of probation petition filed against him.

Judge Alsop sentenced Adkins to 1-10 years in the penitentiary and recommended he be placed where he could receive drug treatment while incarcerated.

He was given credit for 252 days previously served on his sentence.

Gilmer County Family Court Report

The Free Press WV

On Wednesday, May 04, 2016 Family Court Judge Larry Whited heard matters in Gilmer County.

•  One domestic violence petition was granted.

•  No order was entered in a contempt petition.

•  No order was entered in a case for decretal judgment.

•  Temporary orders were entered in 4 cases.

•  Genetic testing was ordered in one case.

•  One modification was rescheduled.

Gilmer County Circuit Court Report

The Free Press WV

Judge Richard A. Facemire conducted court on Monday, April 25, 2016, in Gilmer County.

•  He heard 14 juveniles.


Plus 3 other matters:


•  State of West Virginia vs. Randall Lambey

He was before the Court for reconsideration of sentence.

Judge Facemire released him from home confinement at the end of April but he remains on probation.

Andrew Chattin of Charleston represented defendant.


•  State of West Virginia vs. Danny Reaser

He was before the Court for revocation of his probation, and it was set for further hearing on Tuesday, May 31, 2016 at 9:00 AM.

He is represented by Kevin Hughart of Sissonville.


•  State of West Virginia vs. William Hardman

He was also before the Court asking for bond reduction, which motion was denied by the Court.




On Tuesday April 26, 2016, Chief Judge Jack Alsop had 2 matters to be heard in Gilmer County, but after arriving discovered neither could be heard today and reset both for Friday, May 06, 2016 at 1:00 PM.




On Friday, April 29, 2016 Chief Judge Jack Alsop appeared in Gilmer County to hear 3 matters.


•  State of West Virginia vs. Keith Arbogast

A pretrial hearing was held and trial remains on docket for Wednesday, June 15, 2016.

Arbogast is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Nathanielle Butler

He was before the Court for further sentencing after having successfully completed Antony Correctional Center.

Judge Alsop was pleased with his success and admitted him to 4 years probation.

His attorney was Christopher Moffatt of Charleston.


•  State of West Virginia vs. Tyler Sutphin

He was also on the docket having successfully completed the program at Anthony Center.

However due to a death in the family, upon motion of his attorney, Brian Bailey of Buckhannon, his sentencing was rescheduled for Monday, May 09, 2016 at 11 AM.

Gilmer County Family Court Report

The Free Press WV

On Wednesday, April 27, 2016 Family Court Judge Larry Whited held Family Court in Gilmer County.


Two divorces were granted as follows:


•  Tammi Hardman (57) of Tanner, WV divorced Douglas Hardman (57) of Normantown, WV.


•  Crystal Steele (41) of Denver, NC divorced Christopher Steele (41) of Normantown, WV.


•  One divorce was rescheduled after defendant filed an answer.


•  One divorce was dismissed and can be refiled.


•  One domestic violence hearing was continued. One was granted.

G-ICYMI™: Judge Denies A Motion By West Virginia Department Of Education To Dismiss Lawsuit

The Free Press WV
The Free Press WV

Education official fired over prior Virginia job can move forward with lawsuit, judge says

A former executive director of instructional technology at the West Virginia Department of Education who was fired after three days on the job will be allowed to move forward with her lawsuit against the state school board, a judge ruled Tuesday.

Tammy McGraw was fired in 2014 after state schools Superintendent Michael Martirano received an anonymous letter that alleged she misused state funds and falsified travel records while working at a similar post at the Virginia Department of Education. She filed a lawsuit last year to try to get her job back.

On Tuesday, Kanawha Circuit Judge Carrie Webster denied a motion by the West Virginia Department of Education to dismiss McGraw’s lawsuit.

Webster, instead, said that McGraw should be allowed to further develop her case.

McGraw also is suing the Virginia Department of Education and Virginia resident Lan Neugent, the person she thinks sent the anonymous letter to Martirano.

The lawsuit claims McGraw was fired over the anonymous letter, which she says contained false information. She also alleges she was never given the opportunity to dispute the information contained in the letter before she was fired.

According to her lawsuit, a Freedom of Information Act request revealed multiple communications between education officials in Virginia and West Virginia in which information about McGraw was exchanged. Emails also show communications between education officials from both states and reporters with the Charleston Gazette and the Richmond Times, McGraw’s complaint states.

McGraw is suing over wrongful termination and “injury to reputation and good name resulting from defamation,” according to her lawsuit.

After an investigation, the Virginia Office of State Inspector General cited McGraw, a former Virginia education department administrator, for awarding $1.9 million in contracts to companies without soliciting bids.

The investigation found that she received an oil painting from a Massachusetts company after awarding the firm an $850,000 no-bid contract and used state funds to buy a $3,120 digital camera that she kept for herself at home.

An attorney for McGraw, John Wooton, previously said that his client didn’t violate Virginia purchasing laws — as the report concluded — because she didn’t award any contracts and didn’t have the authority to do so. Wooton called the investigation report “incomplete and inadequate.”

~~  Kate White - Gazette-Mail ~~

Gilmer County Circuit Court Report

The Free Press WV

On Monday, April 11, 2016 Chief Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.


•  Two fugitives from justice, both from Virginia, waived extradition and were represented by Brian Bailey of Buckhannon.

Authorities in Virginia have until 4 PM Wednesday, April 20, 2016 to pick the fugitives up or they will be released from Central Regional Jail.


•  Eight juvenile cases were heard and one will be rescheduled due to the hospitalization of the guardian ad litem in the case.


•  One infant guardianship was granted.


•  One civil partition was before the Court and parties agreed that it was likely not subject to partition and will be sold at public auction.

Loren Howley, attorney for plaintiff, was appointed special commissioner to conduct the sale and she must post $50,000.00 bond before advertising the sale for 3 weeks in the local paper and it will be sold at the front door of the Court House.

Judge Alsop will then have to approve the sale.


•  Michael Murphy vs. Gilmer County Commission

The case was before the Court on appeal from the Commission’s ruling.

Judge Alsop ordered Murphy to amend his complaint and name Marlea Cottrell, who is the heir to the Willard Cottrill estate, to be named as a defendant and gave him 60 days to perfect service and set it for further status hearing on Monday, June 13, 2016 at 10:30 AM.


•  After requiring Jonathan Fittro to appear and show cause why he missed the latest hearing for a juvenile he represented,

Judge Alsop did not hold him in contempt after hearing Fittro’s explanation.


State of West Virginia vs. Wayne Roberts

He was sentenced to 5 years probation and 80 hours community service per year of probation after successfully completing the program at Anthony Correctional Center.

He was represented by Clinton Bischoff of Summersville.


•  One expungement was granted and defendant was represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Kenneth Morgan

He was before the Court for bond reduction.

Judge Alsop reduced his bond to $75,000.00 and home confinement in Gilmer County.

He remains on the docket for trial in June.

He is also represented by Karickhoff.


•  State of West Virginia vs. Amy Self

She was before the Court for further arraignment.

She was represented by Paul Williams of Summersville and entered not guilty pleas to all counts of the indictment.

Her pretrial is on Wednesday, June 01, 2016 at 11:15 AM and her trial is set for Thursday, June 16, 2016.


•  State of West Virginia vs. Teresa Riggs

She was again before the Court for reconsideration of the sentence previously given her by Judge Alsop.

Once again the motion for reconsideration was denied.

She was represented by Timothy Gentilozzi of Clarksburg.


•  A civil pretrial was heard in the case of Michael Wheeler vs. William Foster.

Trial is still on for Tuesday, April 26, 2016 at 9:00 AM.

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