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Gilmer County Circuit Court Report - 05.26.15

The Gilmer Free Press

•  On Tuesday, May 19, 2015 Judge Jack Alsop heard a juvenile matter in Gilmer County.



On Thursday, May 21, 2015 Chief Judge Richard A. Facemire heard several matters in Gilmer County.


•  One fugitive from justice waived to return to Maryland.

Bernard Coleman III was represented by Bryan Hinkle of Buckhannon and authorities in MD have until Saturday, May 30, 2015 at 4 PM to pick Coleman up or Central Regional Jail will release him.


•  State of West Virginia vs. Jeremy Askew

He was before the Court for plea but his hearing was reset for Monday, June 22, 2015 at 11:00 AM upon motion of Bryan Hinkle, his attorney.


•  One juvenile matter was heard.




On Tuesday, May 26, 2015 Chief Judge Richard A. Facemire heard 8 juvenile matters in Gilmer County.


•  One fugitive from justice waived to return to Ohio.

David Humphries will be kept in Central Regional Jail until 4 PM on Tuesday, June 02, 2015 and if authorities from Ohio have not picked him up he will be released.

He was represented by Brian Bailey of Buckhannon.


•  State of West Virginia vs. Joe Thomas

his sentencing was postponed to Friday, June 05, 2015 at 9:00 AM due to his D&C report not being received yet.

David Karickhoff of Sutton is Joe’s attorney.


•  State of West Virginia vs. Kristen Clowser

She was before the Court for a magistrate appeal.

However, due to the defendant not being present in the Court room when her case was called Judge Facemire dismissed the appeal and remanded it to Magistrate Court.

Shortly thereafter Valentina Wheeler (her attorney) represented to the Court that her client had been in the bathroom.

The prosecutor had dismissed his witnesses so Judge Facemire directed the defense attorney to file a motion to reconsider.


•  State of West Virginia vs. Gary Gunderson

The hearing was reset for Monday, July 20, 2015.


•  State of West Virginia vs. Traci Pyles

She was before the Court for reconsideration of her sentence.

After a discussion with the probation officer Judge Facemire suspended the sentences he had heretofore imposed on Pyles and admitted her to 5 years probation with 6 months home confinement and then 6 months GPS monitoring system.

She must do 150 hours of community service per year of probation and she is permitted to live with her boyfriend but both have to be drug tested every other week.

She must also enroll in school or get a full time job and has a 9:30 PM curfew.

Her attorney was Timothy Gentilozzi of Clarksburg.


•  State of West Virginia vs. Jason Rousch

He was before the Court asking for another reduction of bond.

His bond was reduced to $100,000.00 and he will be on home confinement and must reside with his father, Donald Rousch.

He also must have a 9:30 PM curfew.

Gilmer County Family Court Report - 05.13.15

The Gilmer Free Press

Gilmer County Family Court Judge Larry Whited took the following actions Wednesday, May 11, 2015:

One divorce was granted:


    •  Tammy Shiflet (50) of Glenville, WV divorced Larry Shiflet (56) of Normantown, WV


    •  On May 13, 2015 Shelley Lyn Pickens(52 ) of Annville, PA divorced James Alan Pickens (53) of Racine, OH.


    •  Also on May 13, 2015 Glendon Guy Ashley (48) of Glenville divorced Tressa Kay Ashley (46) of undisclosed address.


    •  One divorce was dismissed because parties failed to appear.


    •  One contempt petition was dismissed for the second time due to not submitting the final order to consider with the petition.

Gilmer County Circuit Court Report - 05.11.15

The Gilmer Free Press

On Monday, May 11, 2015 Judge Jack Alsop presided over Court and heard a 3 page docket of cases in Gilmer County.


•  Three fugitives from justice waived to return to their states as follows:

1) Eugene Wheeler and

2) Steven Holmes, both waived to return to Pennsylvania

3) Carlton Joyner waived to return to Maryland

All 3 were represented by Brian Bailey of Buckhannon and authorities in their states have until 4 PM on Wednesday, May 20, 2015 to pick them up at Central Regional Jail or they will be released.


•  Twelve juvenile cases were heard.


•  Two names change cases were on the docket, one was granted and the other was reset for Thursday, July 09, 2015 at 10:00 AM and an amended petition must be filed and a guardian ad litem (Bryan Hinkle of Buckhannon) was appointed to represent the minors.


Two magistrate appeals were set for hearing:

•  One will be heard as a bench trial on Monday, June 08, 2015 at 1:30 PM.

•  The other will be reset upon receipt of the order.


The civil case of Lori Short vs. William Stalnaker will be heard as a bench trial on Thursday, June 18, 2015 at 9:00 AM.

Gilmer County Circuit Court Report - 04.29.15

The Gilmer Free Press

On Wednesday, April 29, 2015 by Judge Jack Alsop was in Gilmer County Circuit Court.


•  Six juvenile hearings were held.


Three sentencings and a probation revocation were heard and dealt with as follows:

•  State of West Virginia vs. Tyler Sutphin

He was previously found guilty by a jury of 2 felonies and 3 misdemeanors had his sentencing deferred and was sent to Anthony Center for Youthful Offenders for not less than 6 months nor more than 2 years.

He was represented by Brian Bailey of Buckhannon.


•  State of West Virginia vs. John Puffenbarger

He was represented by David Karickhoff of Sutton was sentenced to the penitentiary for not less than 5 nor more than 15 years for 2 counts of incest, making his total to serve of not less than 10 nor more than 30 years in the penitentiary.


•  State of West Virginia vs. Christopher Puffenbarger

He was represented by Chris Moffatt of Charleston had his sentencing deferred and was sent to Anthony Center for Youthful Offenders for not less than 6 months nor more than 2 years for his 1 count plea to incest.


•  State of West Virginia vs. Evan Tingler

He was before the Court for a preliminary hearing involving revocation of his probation.

He waived his preliminary, made admissions and asked to be sentenced immediately.

Judge Alsop revoked Tingler’s probation and sentenced him to 12 months in Central Regional Jail for petit larceny, 3 months in Central Regional Jail for entering without breaking of an automobile (a misdemeanor) and 1-10 years in the penitentiary for entering without breaking (a felony).

Previously Tingler had served enough time to kill his 2 Central Regional Jail sentences thus he only has to serve the 1-10 after he completes his Wood County sentence.

He was represented by Clinton Bischoff of Summersville.


•  State of West Virginia vs. Laura Cottrill

She was before the Court for reduction of her bond.

Judge Alsop lowered her bond to $50,000.00 good and sufficient surety to be approved by the Clerk.

Gilmer County Circuit Court Report - 04.27.15

The Gilmer Free Press

On Tuesday, April 21, 2015 Judge Jack Alsop appeared by video conference for a juvenile matter.


On Monday, April 27, 2015 Chief Judge Facemire presided over his regular monthly motion day.

•  He heard 4 juvenile cases, renewed a capias for Roseann Shelton and took 2 pleas as follows:


•  State of West Virginia vs. Kyle Britner

He pled to conspiracy and the other counts of the indictment were dismissed with prejudice to the State of West Virginia.

He was represented by Clinton Bischoff of Summersville.

After a presentence investigation is done by Mike Haley, probation officer, he will be sentenced at 10:00 AM on Monday, June 22, 2015.


•  State of West Virginia vs. Desirae Miller

She had a misdemeanor information filed against her for possession of a controlled substance (Cocaine).

Judge Facemrie conditionally accepted said plea and took the motion to dismiss her 7 count indictment under advisement wanting to review it.

Judge Facemire did permit her to post a $5,000.00 PR bond and released her from jail with random weekly drug and alcohol testing.

She was represented by Bryan Hinkle of Buckhannon.

She will be sentenced on Monday, June 22, 2015 at 9:50 AM.

She is not to have ANY contact with any of her co-defendants.

Gilmer County Family Court Report - 04.22.15

The Gilmer Free Press

Gilmer County Family Court Judge Larry Whited took the following actions Wednesday, April 15, 2015:

•  Dismissed 2 domestic violence petitions.

•  Dismissed 2 divorces because the parties did not appear to pursue the divorce.

•  One divorce was reset for Wednesday, May 13, 2015.



On Wednesday, April 22, 2015 Family Court Judge granted 3 divorces as follows:

•  Thomas Henline Jr. (47) of Glenville, WV divorced Joan C. Henline (49) of Troy, WV.

•  Stephen Holloway ((56) of Glenville, WV divorced Lesley Holloway (50) of Memphis, TN.

•  Karisa Singleton (24) address undisclosed divorced Joshua Singleton (28) of Madison,WV.

Gilmer County Circuit Court Report - 04.13.15

The Gilmer Free Press

On Thursday, April 09, 2015 Judge Jack Alsop conducted Court in Glenville.


•  Three fugitives from justice waived extradition to their states.

All 3 were represented by David Karickhoff. Michael Lowry waived to return to Pennsylvania and both Derrick Vanleirop and Gererd Hall waived to return to the state of Maryland.

Authorities in those states have until 4:00 PM on Monday, April 20, 2015 to pick these defendants up at Central Regional Jail or they will be released.


•  A juvenile case was heard.


•  In the criminal case of State of West Virginia vs. Antwoine Johnson

He was before the Court represented by David Karickhoff asking that his bond be amended to allow him to leave the State of West Virginia.

He is no longer playing football and has withdrawn as a student at Glenville State College.

Judge Alsop took the matter under advisement and said the bonding company must provide a notarized letter in support of this assuring they would pay the bond if he fails to appear when instructed to do so.






Judge Jack Alsop heard 11 juvenile cases on Monday, April 13, 2015.

In the cases of:


•  State of West Virginia vs. Christopher DeBarr

Judge sentenced him to 4 years probation and he must report 3 times a week to Barbour County Community Corrections to be drug tested,

He must continue to live with his mother and must begin on May 01, 2015 paying a minimum of $300.00 per month to Lewis and Upshur County for his fines there and thereafter pay the same amount to the Circuit Clerk of Gilmer County for his court costs plus court appointed attorney fees. Christopher Moffatt of Charleston was his attorney.


•  State of West Virginia vs. Julia Mollohan

She was represented by David Karickhoff was sentenced to 175 days in Central Regional Jail for the misdemeanor offense of battery and 1-10 years in the penitentiary for felony destruction of property.

These sentences will run consecutively and she will be given credit for time served.


•  State of West Virginia vs. Ross Lee Miller

He was represented by Timothy Gentilozzi of Clarksburg, was sentenced to 2-10 years in the penitentiary for attempting to operate a clandestine lab.


•  State of West Virginia vs. Nathanielle Butler

He was represented by Moffatt and his sentence was deferred and he was ordered to complete the program at Anthony Correctional Center for not less than 6 months nor more than 2 years and I typed 10 years.

Once a bed becomes available the Sheriff will transport him and in the meantime he is to be on home confinement with electronic monitoring.

He had pled earlier to delivery of a controlled substance.


•  Two other sentence hearings were continued to Wednesday, April 29, 2015 while awaiting a reports to come in.

Social Workers: Schools Can Reduce West Virginia Juvenile Incarceration

The Gilmer Free Press

CHARLESTON, WV - West Virginia schools have a key role in reducing the number of kids who end up in jail – and while social workers say preventing truancy is an excellent starting place, its only part of the picture.

As the state works to reduce the number of juveniles in the criminal justice system, Morgan County school social worker Gary McDaniel says they’re already seeing good results.

He says moving truancy from a criminal issue to a counseling issue works, and that truancy is an important sign of other problems at home - including substance abuse and domestic violence.

“Truancy is always symptomatic of other problems,“ says McDaniel. “Undiagnosed anxiety disorders, undiagnosed trauma-related disorders, poverty, chaotic family systems.“

McDaniel stresses the state will need to expand the services it offers, in school and out. How to do that is a major topic at this week’s National Association of Social Workers (NASW) West Virginia Spring Conference.

NASW West Virginia president Kim White says if it’s done properly, much of this can be handled at less cost and more effectively in the public schools - but the effort must be in every school, and broadly applied.

“Early intervention on a universal scale,“ she says. “These are issues that have to be dealt with early on, otherwise students repeat those patterns.“

White says another part of the puzzle is building up outpatient treatment options, especially in rural areas.

“That’s a huge barrier right there,“ says White. “Getting people into McDowell County to offer these services, getting people into Roane County, or Mingo County.“

According to McDaniel, the good news is this effort can work to keep kids from getting chewed up in the juvenile system, and eventually, spit out into the adult prison population.

“When kids are young, the trajectory of their life can still be altered tremendously,“ says McDaniel. “We can probably prevent, in most cases, them from becoming a part of the criminal justice system.“

The annual NASW meeting in Charleston is the largest event of its kind on the country.

~~Dan Heyman ~~

City of Glenville Police Report - March 2015

The Gilmer Free Press
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City of Glenville, WV Police Report - March 2015
Crime/Ordinance Violation
Officer
Disposition
Location
Motor Vehicle Crash Jenkins Accident report completed Ci started cited for Leaving scene of an accident, No Insurance, No Registration, Improper Registration, and no MVI N. Lewis Street
Welfare Check Huffman Everything ok Court Street
Parking Complaint Jenkins Vehicle moved River Street
Speeding Jenkins Warning N. Lewis Street
Stop Sign Violation Jenkins Warning N. Court Street
Stop Sign Violation Jenkins Warning Whiting Ave
Defective Equipment Jenkins Warnings Issued for Defective Equipment and Left of Center S. Lewis Street
Expired Registration Jenkins Cited for Expired Registration and No Proof of Insurance N. Lewis Street
To fast for roadway conditions Garrett Warning N. Lewis Street.
Defective Equipment Jenkins Warning W. Main Street
Speeding Jenkins Warnings issued for Speeding and Expired Registration N. Lewis Street
No MVI Jenkins Warning S. Lewis Street
Defective Equipment Garrett Warnings Issued for Defective Equipment and Expired N. Lewis Street
Defective Equipment Garrett Warning N. Lewis Street
Driving without headlights Garrett Warning N. Lewis Street
Speeding Garrett Warning N. Lewis Street
Speeding Garrett Warning N. Lewis Street
Defective Equipment Garrett Warning N. Lewis Street
Alarm investigation Huffman Everything ok N. Court Street
911 Hang up call Huffman Everything ok Academy Drive
911 Hang up call Huffman No one appeared to be around the area N. Court Street
Expired Registration Huffman Warning Issued for Improper Display and Citation issued for No Proof of Insurance College Street
Possession of Tobacco Huffman Citations issued to 2 juveniles for minors in possession of tobacco Gilmer Co. High School
Speeding Jenkins Warnings Issued for Speeding and No Proof of Insurance Mineral Road
Speeding Jenkins Warnings Issued for Speeding, Left of Center, and No Operators Carried Mineral Road
Speeding Jenkins Warning Mineral Road
Improper Display Jenkins Warning N. Court Street
Speeding Jenkins Warning N. Lewis Street
Driving without lights Jenkins Warnings issued for No Lights and Improper Backing Pioneer Way
Defective Equipment Jenkins Warning Pioneer Way
Possible domestic Huffman Everything ok no domestic Mineral Road
Speeding Garrett Warning N. Lewis Street
Motor vehicle Crash Garrett Vehicle Slid into ditch no damage owner didn’t want a report W. Main Street
Active Domestic Jenkins 1 male subject arrested High Street
Reckless Driver Jenkins Negative contact W. Main Street
Speeding Jenkins Warning N. Lewis Street
Speeding Jenkins Warning N. Lewis Street
Assist CPS Huffman/Jenkins Assisted CPS everything ok N. Lewis Street
Parking Complaint Huffman Warning Issued Howard Street
Speeding Huffman Cited W. Main Street
Speeding Huffman Warnings Issued for Speeding, Unsigned Registration and No Proof of Insurance W. Main Street
Speeding Huffman Warning N. Lewis Street.
Speeding Huffman Warning for Speeding, Expired Registration, Expired MVI, and Unsigned Registration N. Lewis Street.
No Seatbelt Huffman Cited for No Seatbelt and Warning Issued for Unsigned Registration N. Lewis Street
Speeding Huffman Warning N. Lewis Street.
No Seatbelt Huffman Cited for No Seatbelt and Talking on Cellphone while driving, Warning issued for Unsigned Registration N. Lewis Street
Expired MVI Huffman Warning Issued for Expired MVI and Cited for No Proof of Insurance N. Lewis Street
No Seatbelt Huffman Cited for No Seatbelt, Warnings Issued for Unsigned Registration and No Operators Carried N. Lewis Street
Speeding Huffman Warnings Issued for Speeding, No Operators Carried and Unsigned registration N. Lewis Street
Expired Registration Huffman Cited for Expired Registration Church Street
Alarm Investigation Huffman Everything ok cat pulled the string to activate the alarm W. Main Street
Bond Violation Jenkins Subject arrested and transported to CRJ Magistrate Court
Left of Center Jenkins Warning W. Main Street
Speeding Jenkins Warning N. Lewis Street
Defective Equipment Jenkins Warning Issued for Defective Equipment and Cited for Expired Registration and Driving Suspended W. Main Street
Speeding Huffman Warnings Issued for Speeding, Unsigned Registration, and Expired Operators N. Lewis Street
Disturbing the Peace Huffman Warning N. Lewis Street.
Defective Equipment Jenkins Warning N. Lewis Street
Defective Equipment Jenkins Warning N. Lewis Street
Speeding Jenkins Warning N. Lewis Street
No Seatbelt Jenkins Cited N. Lewis Street.
Communications Device Jenkins Cited N. Lewis Street.
Communications Device Jenkins Cited N. Lewis Street.
Speeding Huffman Warning N. Lewis Street
Speeding Huffman Warnings issued for Speeding and Defective Equipment N. Lewis Street
Speeding Huffman Warnings Issued for Speeding, Failure to signal and No Proof of Registration N. Lewis Street
Speeding Garrett Warning N. Lewis Street
Speeding Garrett Warning N. Lewis Street
Speeding Garrett Cited N. Lewis Street
Speeding Garrett Cited N. Lewis Street
Speeding Garrett Cited N. Lewis Street
Speeding Garrett Cited N. Lewis Street
Speeding Garrett Cited N. Lewis Street
Shoplifting Huffman/Jenkins 2 subjects arrested on multiple charges Rite-Aid
Speeding Huffman Warnings Issued for Speeding and Unsigned Registration Cited for No Proof of Insurance N. Lewis Street.
Speeding Huffman Cited for Speeding and Warning for Unsigned Registration N. Lewis Street
Expired Registration Huffman Warning Issued for Improper Display N. Lewis Street
Vehicle Unlock Huffman Vehicle Unlocked E. Main Street
Suspicious persons Huffman 3 suspects cited for Operating a business without a business license Rich oil, Foodland Plaza
Speeding Jenkins Warning Mineral Road
Speeding Jenkins Warning Mineral Road
Speeding Jenkins Warning Mineral Road
Speeding Jenkins Warning Mineral Road
Underage Consumption Jenkins Cited Pine Street
Speeding Jenkins Warnings Issued for Speeding and No Proof of Insurance W. Main Street
K9 Deployment Jenkins Asked to bring K9 to interstate by Braxton County Trooper, K9 Deployed and located small amount of marijuana. I-79
Defective Equipment Garrett Warning N. Lewis Street
Speeding Garrett Warning N. Lewis Street
Speeding Huffman Warning Issued for Defective Equipment and Cited for Speeding College Street
Assist another agency Huffman Assisted Sheriffs Department on Traffic Stop Vanhorn Drive
Indecent exposure Garrett Subject arrested for indecent exposure and underage possession of alcohol Goodwin Hall
Speeding Garrett Warning N. Lewis Street
Speeding Jenkins Warning Mineral Road
Assist another agency Garrett Assisted Sheriff’s Department with active Domestic WV Hwy 18
Possible intruder Garrett No Intruder found US HWY 33 W
K9 Deployment Jenkins K9 Deployed 2 male subjects arrested by State Police McDonald’s
Defective Equipment Jenkins Warnings Issued for Defective Equipment, No Proof of Insurance, and Improper Display High Street
Assist another agency with Altercation Huffman/Jenkins Assist GSC with altercation one subject arrested for malicious wounding Morris Stadium
K9 Deployment Jenkins K9 deployed in GSC parking Lot students turned over to GSC Public Safety GSC parking Lot
Expired Registration Jenkins Cited N. Lewis Street
K9 Deployment Huffman/Jenkins Ran K9’s through Calhoun County High School Calhoun County
Reckless Driver Huffman Assisted Sheriffs Department on Reckless Driver complaint Pioneer Way
Speeding Jenkins Warning Pioneer Way
Speeding Jenkins Warning College Street
Speeding Jenkins Warnings issued for Speeding, Unsigned Registration, No Proof of Insurance Mineral Road
Talking on Cell phone while driving Jenkins Cited E. Main Street
Intoxicated Subject Jenkins Arrested for Underage Consumption Goodwin Hall
Assist another agency Garrett Assisted GSC with arrest warrants Goodwin Hall
Defective Equipment Jenkins Warning S. Lewis Street
Speeding Jenkins Warning N. Lewis Street
Defective Equipment Jenkins Warnings Issued for Defective Equipment, No Proof of Insurance, and Expired Registration N. Lewis Street
Speeding Jenkins Warnings Issued for Speeding, and No Proof of Insurance W. Main Street
Improper Display Jenkins Warning N. Lewis Street
Defective Equipment Jenkins Warning Issued for Defective Equipment and Cited for No Insurance, Fraudulent MVI, and Improper Registration N. Lewis Street
Defective Equipment Garrett Warning W. Main Street
Speeding Garrett Warning W. Main Street
Speeding Garrett Warning Issued for Speeding and Cited for Failure to Show Operators N. Lewis Street
Speeding Huffman Warning W. Main Street
Speeding Huffman Warning W. Main Street
Speeding Huffman Warnings Issued for Speeding and No Proof of Insurance W. Main Street
Expired MVI Huffman Warnings Issued for Expired MVI, Unsigned Registration, and Failure to Signal Church Street
Expired Registration Huffman Warnings Issued for Expired Registration, No Proof of registration, and No Proof of Insurance N. Lewis Street.
Speeding Jenkins Warning N. Lewis Street.
Speeding Jenkins Cited Mineral Road
Vehicle Unlock Huffman Vehicle Unlocked Medical Drive
Speeding Huffman Warnings Issued for Speeding and Unsigned Registration Walnut Street
Expired Registration Huffman Warnings Issued for Improper Display and Unsigned Registration Walnut Street
Assist another Agency Huffman Assist GSC public Safety with an Altercation Waco Center

Gilmer County Circuit Court - 04.02.15

The Gilmer Free Press

•  Judge Jack Alsop accepted a 2 year pretrial diversion agreement in the case of State of West Virginia vs. Janice Collins on March 31, 2015.

Collins was represented by Steve Nanners of Buckhannon and if she successfully completes the program and turns over $100,400.00 plus interest to the estate of Rachel Reed she will be allowed to enter a no contest or Kennedy plea to the lesser included misdemeanor offense in the single count indictment returned against her on November 05, 2014 charging her with financial exploitation of an elderly person.



On Thursday, April 02, 2015 Chief Judge Richard A. Facemire heard 2 cases in Gilmer County.


•  One was a juvenile case.


•  Criminal case of State of West Virginia vs. Jennifer Sue Helmic

Helmick was represented by Brian Bailey and asked to have alternative sentencing, which motion Judge Facemire denied and she was remanded to Central Regional Jail to complete her sentence.

Gilmer County Family Court Report   -  04.01.15

The Gilmer Free Press

On Wednesday, April 01, 2015 Family Court Judge Larry Whited heard 10 cases in Gilmer County.


•  One domestic violence matter was continued to Wednesday, April 15, 2015.


•  Four cases had temporary orders entered in them.


•  One case will be referred to Circuit Court for further hearing.


•  3 cases were handled by the Child Advocate Bureau with orders to come at a later date.

Legal Delays Could Be Problem for Huge Gas Pipelines

CHARLESTON, WV - A Virginia county court case may slow construction of big proposed natural-gas pipelines - a delay opponents say the pipelines can ill afford.

A Suffolk County court said the Atlantic Coast Pipeline did not follow the proper procedure when notifying a landowner. The company describes the decision as a technical glitch, but Rick Webb, coordinator of the Dominion Pipeline Monitoring Coalition, said legal delays such as this could be a threat to the three huge pipelines he said are racing to bring Marcellus gas to southeastern markets. Webb said the pipelines are competing to lock in a changing - and maybe shrinking - market in North Carolina and other areas.

“The market conditions are changing,“ he said. “Pipelines that formerly delivered gas to the Northeast are now becoming available. So these companies have to capture the market, and the first one who does perhaps will be the winner.“

The Gilmer Free Press


Jim Norvelle, a spokesman for Dominion Resources, the parent company leading construction of the Atlantic Coast Pipeline, said the company is not racing to claim a market. He said it already has 20-year contracts to supply the gas the pipeline would bring, and added that the Suffolk County court only said Dominion notified the landowner incorrectly.

“They’re going to get a new letter from us, and we’re going to start the process with them again,“ Norvelle said. “So we do not see this as much of a hindrance to the schedule.“

Webb said the position of the companies racing to get their pipelines in place is much more fragile than they let on.

“Any delay in the process, or even any sense of delay in the process, will perhaps convince their investors that things are not quite as certain as they had been led to believe,“ he said.

The companies behind the pipelines insist they simply are following the normal process for building projects such as this. But Webb said the large number of court cases between landowners and the pipelines is very aggressive and hardly normal. There are 100 cases over the Atlantic Coast Pipeline alone.

~~  Dan Hayman ~~

Zuccaro Ordered Back to Sharpe Hospital to Remain in Leg Shackles; Creating Frustration for Some

The Gilmer Free Press

UPDATE:

The West Virginia Department of Health and Human Resources has collaborated with Brooke County Prosecuting Attorney Joseph Barki to file a motion which will seek to move Rocco Zuccaro to a facility in South Carolina instead of back to Sharpe Hospital.

==============================================

The West Virginia State Police will be adding up what it cost the agency to conduct a nearly two-day search for an escapee from Shape State Mental Hospital who will likely soon be returned to that same hospital.

Accused murderer Rocco Zuccaro, who took off from the Sharpe Hospital in Weston on Monday by climbing a 15-high brick wall and scaled a fence on his way off the property was captured Wednesday night about 15 miles away near Lost Creek in Harrison County.

West Virginia State police brought in troopers from different parts of the state to conduct the search and used the West Virginia State Police helicopter.

Zuccaro, who allegedly murdered a man in Brooke County in 2013, was ordered back to Sharpe Hospital by Brooke County Circuit Judge Ronald Wilson Thursday.

Brooke County Prosecutor Joe Barki said the judge had few options because Zuccaro had been ordered there previously for competency restoration.

Judge Wilson’s order said Zuccaro would be required to wear leg shackles at all times at Sharpe Hospital.

The exact return date will be worked out by regional jail and hospital officials.

Brooke County Sheriff Chuck Jackson said the decision to send Zuccaro back to Sharpe was frustrating.

“He just escaped Sharpe. Do I like him going back to Sharpe? Absolutely not. Would I rather have him in a regional jail setting? Absolutely.”

Prosecutors still hope to have Zuccaro on trial this June.

Gilmer County Circuit Court Report - 03.23.15

The Gilmer Free Press

On Monday, March 23, 2015 Chief Judge Richard A. Facemire presided over Court in Gilmer County.


•  Seven juvenile cases were heard


•  State of West Virginia vs. Christina Marks

She was scheduled for sentencing but since her diagnosis and classification was not complete, her sentence was reset for Monday, June 22, 2015 at 9:10 AM.

She is represented by Bryan Hinkle of Buckhannon.


•  One fugitive from justice, namely Nelson Villanueva waived extradition back to New York and authorities have until 4:00 PM Wednesday, April 01, 2015 to pick him up at Central Regional Jail or he will be released.

Clinton Bischoff of Summersville represented the fugitive.


•  One civil matter Elder Oil Co vs. P&C Oil & Gas Inc.

The case is now set for status on Monday, July 20, 2015 at 9:00 AM.

Gary Morris of Weston represents plaintiffs and R. Terry Butcher represents defendants.


•  State of West Virginia vs. Kyle Britner

He was before the Court for pretrial but Britner was a no show and Judge Facemire directed the Circuit Clerk to issue a capias but to hold it until Noon on Wednesday before issuing it.

Britner is represented by Clinton Bischoff.

 

Gilmer County Family Court Report – 03.19.15

The Gilmer Free Press

On Wednesday, March 11, 2015 Family Court Judge Larry Whited dismissed 1 divorce and granted 2 others as follows:


•  Catherine Nottingham (23) of Duck, WV divorced Eric C. Plummer (26) of Bluefield, WV.

Both parties are in the military.


•  April Wright (40) of Cox’s Mills, WV divorced Hayward Troy Wright (42) of Linn, WV.




On WEDNESDAY, March 19, 2015 Family Court Judge Larry Whited:

•  Heard 1 contempt hearing

•  Dismissed 1 divorce for non appearance

•  Granted one domestic violence petition

•  Heard another divorce with 2 attorneys involved so no information is available on that case yet

Two Gilmer County Residents Sentenced for Manufacturing Meth

The Gilmer Free Press    The Gilmer Free Press

Two Gilmer County Residents were sentenced in federal court on Friday, March 20, 2015 for manufacturing methamphetamine in Gilmer County.

James Ash, age 44, of Glenville, WV and Sarah Snyder, age 37, of Spencer, WV both pleaded guilty in November.

Ash pleaded guilty to one count of aiding and abetting manufacture of methamphetamine.

He was sentenced to five years and three months in prison.

Snyder admitted she produced methamphetamine out of her home and pleaded guilty to one count of maintaining a drug-involved premises.

She was sentenced to four years and nine months in prison.

Snyder is currently in the Central Regional Jail.

Ash is in the North Central Regional Jail.

Suspended Ritchie Attorney Facing Additional Ethics Charges

A Ritchie County attorney whose career is on hiatus for ethical lapses faces a new set of ethics charges.

In a statement of charges filed November 14, the Lawyer Disciplinary Board, the arm of the state Supreme Court that oversees attorney discipline,  accuses Ira M. Haught, age 55, of Harrisville, of committing 11 violations of the Rules of Professional Conduct in the cases of four former clients. 

The statement, which acts like an indictment for disciplinary purposes, alleges Haught’s lack of either communication or diligence led to, among other things, one man losing his ability to appeal a verdict in a personal injury suit, and a woman the opportunity to adopt her grandchildren.

The Gilmer Free Press


The new statement of charges comes midway through a one-year suspension the Court imposed on Haught in April.

The statement contains the complaints filed against Haught by John A. Tripp, Sr.,  Freda K. King, Dana J. Minor, and Kyle M. Gibson with the Office of Disciplinary Counsel, the arm of the Court that investigates attorney misconduct.  All four complainants allege Haught either failed to keep them updated on the status of their respective cases or mislead them about it.

According to the statement, Tripp hired Haught in 2005 to file suit against Jay Bee Production Company for property damage caused by drilling.  The suit was filed, and appeared to come to a conclusion in 2009 when Haught informed Tripp a tentative settlement was reached via mediation.

However, due to the death of Judge Robert Holland, Haught told Tripp finalization of the settlement would have to wait until Holland’s replacement could be appointed.  In December 2010, Governor Earl Ray Tomblin appointed former Pleasants County Prosecutor Timothy J. Sweeney to fill Holland’s unexpired term.

According the statement, between the time of the proposed settlement and May 2012, Tripp said he was unable to speak directly with Haught.  When he called the circuit clerk’s office on May 1 to inquire about the status of the suit, he was told it was dismissed a year earlier due to inactivity.

After Tripp filed his complaint on May 29, 2012, the statement says Haught promptly filed a motion to reopen the case, and later to withdraw from it.  Both were subsequently granted by Sweeney.

However, Tripp averred Haught never informed him of his intention to withdraw.  He told ODC because of Tripp’s then-pending complaint, it was in everyone’s best interest he no longer handle the case.

According to the statement, following Haught’s withdraw, Tripp asked for a refund of the money he paid him.  In early 2013, Haught send ODC copies of the invoices of the work he performed as an explanation why he didn’t owe Tripp a refund.

However, according to the statement, the invoices showed the last work Haught performed in Tripp’s suit was in June and July 2009 after the mediation began.

In January 2013, King lodged her complaint against Haught alleging he strung her along for over a year about gaining custody of her grandchildren.

According to the statement, King hired Haught in September 2011 to file paperwork to gain custody of her grandchildren, who are not identified in the statement, after their parents relinquished their parental rights the previous month.  After an order was entered officially terminating their parental rights, Haught told King he would get to work immediately on filing a motion to intervene.

Eventually, in June 2012, Haught called King saying a hearing would be scheduled for sometime in July or early August.  On June 14, the statement says King sent Haught sent a check, and two money orders totaling $3,000.

In late August, King contacted Haught’s office regarding the status of the hearing.  Haught’s assistant told King to expect a letter from him.

According to the statement, King received a letter from Haught on September 14, 2012.  In it said his schedule did not permit him the time to devote to her case, and, as such, he was refunding her money.

Sometime thereafter, King hired David Moore, a sole practitioner in Ripley, to help her.  On October 02, 2012, he filed a motion to intervene on King’s behalf.

However, according to the statement, it was all for naught as following a hearing on November 16, Moore learned King’s grandchildren had already been adopted.

Also in January 2013, Haught’s inaction in filing an appeal in Minor’s personal injury suit led to his complaint against him.

According to the statement, Minor was injured when struck by a car on December 02, 2009.  The location is not specified.

However, before the end of the month, he hired Haught to file a lawsuit. Though a date is not specified, a suit was filed, and Minor rejected the first settlement offer from the insurance company. 

According to the statement, after a two day trial on January 23 and 24, 2013, a jury ruled in favor of the defendant.  After the trial, Minor asked Haught to file an appeal on the grounds the defendant, who is not identified in the statement, committed perjury, and Minor’s witnesses did not have enough time to prepare for trial.

On an unspecified date, Haught said he would not only file the appeal, but also seek to have the defendant charged criminally with perjury as an investigator he hired confirmed he committed it.  Over the next year, the statement says Haught told Minor the appeal was filed, and he was awaiting word on a court date.

On February 15, 2014, Minor found out about Haught’s suspension.  Despite speaking with him a day or two earlier, Minor claims Haught never told him about it.

According to the statement, shortly after learning of Haught’s suspension, Minor called the Wood Circuit Clerk’s Office, and discovered Haught failed to file the appeal.

After he filed his ethics complaint, Minor sent a certified letter to Haught seeking return of his file.  Though he promptly received it, Minor says not only where items missing from it, but it also contained materials he’d never seen before.

Also, he made several attempts with Wood Circuit Judge Robert A. Waters to schedule a new trial.  On April 08, the statement says Waters’ secretary said it was Haught’s responsibility to schedule one.

Because Haught’s suspension would soon take effect, Waters on April 17 scheduled a hearing for October 27. 

As Haught’s suspension was drawing near, Gibson filed his complaint on April 01 alleging for nearly the past three years he was unable to find out the status of his habeas corpus petition.  According to the state Department of Corrections’ Web site, Gibson, age 22, was convicted in 2010 on one count each of first-degree robbery, attempted first-degree robbery, conspiracy to commit malicious assault, and malicious assault.

Currently, he is incarcerated at the Mt. Olive Correctional Center near Smithers in Fayette County.

In a letter dated April 30 responding to Gibson’s ethics complaint, Haught said he removed his name from the list of court-appointed counsel two years prior, and requested substitute counsel be appointed in those cases.  However, in a letter dated a week later, Gibson averred that Haught not only failed to tell him that, but also his mother who made multiple visits to Haught’s office inquiring about the status of the habeas petition.

According to the statement, ODC on May 2 asked Haught for all documents regarding his motion for substitution of counsel in Gibson’s case.  Three weeks later, he provided them a letter dated February 14, 2014, signed only by himself that Gibson was making a motion for new counsel.

After requesting additional documents from the Ritchie Circuit Clerk’s Office, ODC discovered the only motions Haught filed were ones on March and May 15, 2012 seeking each time a 60-day extension to file Gibson’s habeas petition. 

In addition to ones for communication and diligence, Haught is charged with violating Rules dealing with expediting litigation, misconduct, and bar admission and disciplinary matters.  The latter specifically accuses Haught of “knowingly making a false statement of material fact” regarding his work, or lack thereof, in Gibson’s case.

Last February, the Court ordered Haught suspended for a year on a previous statement of charges.  There, he was accused of not safekeeping funds belonging to one client, and having a conflict-of-interest with another in a property transfer. 

When the Court rejected his motion to reconsider its decision, the suspension took effect April 24. 

In addition to the suspension, the Court ordered Haught is to have his practice supervised for an additional two years to include regular audits conducted by a certified public accountant, and take an additional nine hours of continuing legal education in the areas of ethics, and office management.

When the first statement of charges were filed, Haught was the Republican nominee to fill Holland’s unexpired term.  However, in the November 2012 general election he lost to Sweeney by a 2-1 margin. 

An evidentiary hearing on the current statement of charges was scheduled for 9 AM on Wednesday, March 11 at the Ritchie County Courthouse.

According to the state Bar’s Web site, Haught began practicing law on May 17, 1983.

West Virginia Supreme Court of Appeals, case number 14-1150


State Supreme Court’s February 12 opinion in Ira Haught’s suspension


The Court’s April 29 order


~~  Lawrence J. Smith ~~

03.12.2015
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Gilmer County Circuit Court Report - 03.10.15

The Gilmer Free Press

On Monday, March 03, 2015 Chief Judge Richard A. Facemire held his motion day that had been rescheduled from Monday, February 23, 2015 due to a family emergency.


In addition to calling the docket for his March 2015 term he set 2 criminal trials:

•  State of West Virginia vs. Desirae Miller

AND

•  State of West Virginia vs. Kyle Britner

Both had their trials set for Tuesday, April 28, 2015.

Miller is represented by Bryan Hinkle of Buckhannon and Britner is represented by Clinton Bischoff of Summersville.

Britner will have a pretrial Monday, March 23, 2015 at 10:00 AM.


•  Twenty-two criminal cases were called and capias’ were renewed in all of them


•  Seven juvenile matters were heard.


Two cases were before the Court for sentencing:


•  State of West Virginia vs. Joe Williams III

He was represented by David Karickhoff of Sutton will be sent for diagnosis and classification at the penitentiary for 60 days as well as having a substance abuse evaluation before being sentenced on Tuesday, May 26, 2015 at 9:15 AM.


•  State of West Virginia vs. Clayton McCune

He was represented by Bryan Hinkle of Buckhannon will also be going for 60 days diagnosis and classification and evaluations for anger management among other things before being sentenced on Thursday, May 21, 2015 at 9:00 AM.


•  State of West Virginia vs. Amanda Smith

(who appeared by video conference from Lakin Correctional Center) and who was represented by Jeff Davis of Clay was before the Court and her motion for reconsideration was denied.


•  State of West Virginia vs. Roseann Shelton

She was before the Court for revocation of her probation.

Her attorney, David Karickhoff, appeared without his client who he reported is in California and going through a treatment program.

Judge Facemire agreed to allow her to continue in that program and transfer her probation to California if they will accept her.

He directed the Clerk issue a capias but to hold it in abeyance pending her transfer to California.

Her revocation hearing was continued until Monday, April 27, 2015 at 9:15 AM.


•  A civil appeal out of magistrate court in the case of Amy Self vs. Richard Shaffer

It was reset for Monday, April 27, 2015 at 9:30 AM due to the illness and hospitalization of Self’s mother.

Shaffer has until Noon Friday, March 06, 2015 to pay $200.00 to the clerk for filing fee in this matter or it will be dismissed and no hearing will be necessary.





On Wednesday, March 04, 2015 Judge Facemire heard 4 juvenile matters and continued one final juvenile hearing until Monday, April 02, 2015 at 9:00 AM.


•  Judge Alsop will hear hearings Monday on his regular motion day in Gilmer County.

•  Tuesday, March 10, 2015 Chief Judge Facemire will indoctrinate the petit jury.





Monday March 09, 2015 was Judge Jack Alsop’s regular monthly motion day in Gilmer County and he had a 3 page docket to be heard.


•  Ten juvenile matters were heard.


The magistrate appeal in the case of

•  State of West Virginia vs. Matthew Butcher was set for a bench trial on Thursday, April 30, 2015 at 1:00 PM.

Special prosecuting attorney Shannon Johnson will represent the state and Butcher will be represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Teresa Riggs

She was released from home confinement and order to pay a minimum of $250.00 per month beginning Sunday, April 01, 2015 to pay off her court costs and fees.

She will be on probation for 18 months.


•  The magistrate appeal in the case of Shock’s Well Service vs. Deloris Florence was set for a bench trial Thursday, April 30, 2015 at 2:00 PM.

Both parties are self represented..


•  A civil pretrial was scheduled with trial still being set for Tuesday, April 07, 2015.





On Tuesday, March 10, 2015 Chief Judge Richard A. Facemire appeared and indoctrinated the petit/magistrate jurors and they were released with a letter from the Clerk with instructions to call the recording before 2 trial dates in April.

•  One civil trial is set for trial Tuesday, April 07, 2015 and two criminal trials are currently on the docket for April 28, 2015.

GRAND JURY CANCELLED‏ for March 03, 2015

The Gilmer Free Press

Gilmer County Circuit Court grand jurors please be advised that Grand Jury scheduled for Tuesday March 03, 2015 has been cancelled.

Grand jurors DO NOT NEED TO REPORT.

Karen Elkin, The Gilmer County Circuit Clerk

GRAND JURY CANCELLED‏ for March 03, 2015

The Gilmer Free Press

Gilmer County Circuit Court grand jurors please be advised that Grand Jury scheduled for Tuesday March 03, 2015 has been cancelled.

Grand jurors DO NOT NEED TO REPORT.

Karen Elkin, The Gilmer County Circuit Clerk

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