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Gilmer County Magistrate Court Report - 08.20.14

The Gilmer Free Press

Civil Case(s):

Plaintiff Defendant Filed Served Amount
Appalachian Piping PDTS Brian Hardesty & Deone Hardman 08.06.14 08.07.14 $800.00
08.13.14: Judgment for the Plaintiff > $800.00 and Immediate Possession of Property.
Appalachian Piping PDTS Steven Idleman & Kisha Riggs 08.05.14 08.11.14 $2,400.00
08.11.14: Substituted Personal Service
Optometric Eye Care Charlene Dulude 08.07.14 08.12.14 $495.55
Stonewall Jackson Memorial Hospital Donna Kay Davisson 08.11.14 08.13.14 $3,833.13
Stonewall Jackson Memorial Hospital Daniel Lloyd Husk 08.11.14 08.15.14 $1,787,07
08.18.14: Confessed Judgment * To Pay $75.00 Per Month.
Mary Heckert DBA Hands of Pride Devon Heater 08.14.14 08.14.14 $600.00
Camden Clark Medical Center  c/o Edward L. Harman Lisa M. Duskey 08.14.14 08.16.14 $772.86
Woodford's Accounting & Tax Joseph Williams III 08.15.14
08.20.14 Respondent to Pay $700.00 + $75 Court Cost. To Vacate Premises No Later Than 08.22.14



The Gilmer Free Press
Misdemeanor / Criminal Case(s):

Complainant Defendant Offense Date Warrant
Francis L. Raynor James Christopher Miller Possession of Controlled Substance (Hydro) 08.08.14 08.08.14
Bond: $5,000.00 - 0812.14: Bound Over to Gilmer County Circuit Court with 14F-65
Benton R. Huffman Jessica Mae Keith Possession of Controlled Substance Less Than 15 Grams 08.11.14 08.11.14
08.11.14: Plea of Guilty Entered * Placed on 6 Month Probation * CCP $30.00, Court Cost $160.25 * Six month Payment Schedule
STPR Kenneth Varnet Jamie Freda Persinger Driving Suspended / Revoked Non-DUI 2nd Offense 07.12.14 08.11.14
Bond: $500.00
Benton R. Huffman Cody Allen King Assault 08.11.14 08.11.14
Bond: $3,000.00
Benton R. Huffman   Brandishing Deadly Weapon 08.11.14 08.11.14
Bond: $3,000.00
A.F. Wendling, Inc. Jennifer Cummings Worthless Check 06.14.14 08.13.14
$1,028.10 + $25.00 = $1,053.10
CPT Jeremy D Jenkinks Adam Wayne Ramsey Trespassing 08.18.14 08.19.14
Bond: $2,500.00 - 08.19.14: Conditions of Bond * Placed on Home Confinement Thru GCSD
 
CPT Jeremy D Jenkinks Adam Wayne Ramsey Battery 08.18.14 08.19.14
Bond: $2,500.00 - 08.19.14: Conditions of Bond * Placed on Home Confinement Thru GCSD
CPT Jeremy D Jenkinks Adam Wayne Ramsey Disorderly Conduct 08.18.14 08.19.14
Bond: $2,500.00 - 08.19.14: Conditions of Bond * Placed on Home Confinement Thru GCSD
CPT Jeremy D Jenkins Corey Michael Bell Obstructing an Officer 08.20.14 08.20.14
Bond: $15,000.00



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
Dakota C. Burkhammer 08.16.14 Speeding
Evelyn Ruth Lambert 08.14.14 Registration Violation
No Proof of Insurance



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
James Gale Barr II 08.08.14 Registration Violation
Operator’s
Elmer Jeanie Blair 08.11.14 Speeding
No Proof of Insurance
William T. Cochran 08.11.14 Driving Suspended/Revoked Non-DUI 2nd Offense
No Proof of Insurance
Dianna Davis 08.08.14 Speeding
Jordan Leigh Morris 08.20.14 Possession of Controlled Substance Less Than 15 Grams
Joseph C. Westfall 08.11.14 Speeding
No Proof of Insurance
Haley J. Wilson 08.15.14 Defective Equipment



City of Glenville Citation(s):
Defendant Issued Charge(s)
Jamie F. Persinger 08.11.14 Possession of Controlled Substance Less Than 15 Grams

 

Gilmer County Circuit Court Report – 08.15.14

The Gilmer Free Press

Judge Richard A. Facemire held Court in Gilmer County on Friday, August 15, 2014.


•  One fugitive from justice waived to return to the state of New York and authorities there have until 4:00 PM Monday, August 25, 2014 to pick up Jose Traveras or Central Regional Jail will release him.

Traveras was represented by Clinton Bischoff of Summersville.


Several arraignments were heard as follows:

•  State of West Virginia vs. Clayton McCune

He was arraigned and pled not guilty and asked for his case to be continued to the November 2014 term of Court.

Later he flunked his drug test and was sent to Central Regional Jail until he tests negative for drugs.

McCune was represented by Bryan Hinkle of Buckhannon.


•  State of West Virginia vs. James C. Miller

He was also before the Court for arraignment and for revocation of his bond due to his being incarcerated again.

Miller pled not guilty and his trial was set for Tuesday, October 28, 2014 at 9:00 AM and his bond was revoked and he was returned to Central Regional Jail.

Miller is represented by Valentina Wheeler of Charleston.


•  State of West Virginia vs. John Patrick Paletta

He was arraigned and he is set for second trial Tuesday, October 28, 2014.

He was returned to Central Regional Jail where is is incarcerated and he was represented by Christopher Moffatt of Charleston.


•  State of West Virginia vs. Joe Williams III

He was also arraigned and pled not guilty and his trial is set third on Tuesday, October 28, 2014.

He is represented by David Karickhoff of Sutton.


•  State of West Virginia vs. James Lee Ash

He was set for arraignment but federal authorities refused to allow him to attend Court.

Judge Facemire entered an order resetting his arraignment for 9:00 AM Monday, August 25, 2014, and directing the Sheriff serve a copy on the administrator of the jail to permit Ash to participate by video arraignment.


•  State of West Virginia vs. Kimberly Demastus

She was before the Court for several motions and Judge Facemire granted the motion to continue filed by defense attorney, Mark Hudnall and continued Demastus’ trial to the November 2014 term of Court and informed Mark Hudnall that all further motions would be heard by Judge Alsop.


•  One juvenile matter was also heard.

Gilmer County Circuit Court Report – 08.11.14

The Gilmer Free Press

On Monday, August 11, 2014 Chief Judge Alsop held Court in Gilmer County.


•  One fugitive waived extradition back to Virginia, Jilhard Smith was represented by Shelly DeMarino and authorities there have until 4:00 PM Thursday, August 20, 2014 to pick Smith up or Central Regional Jail will release him.


•  Six juveniles were heard and reset.


•  State of West Virginia vs. Mose Chadwell

He was before the Court for sentencing and Judge Alsop sentenced him to not less than 1 nor more than 10 years in the penitentiary and ordered him to make restitution to Ellyson Mortuary in the amount of $5,988.44.

Chadwell was represented by Bryan Hinkle of Buckhannon.


•  State of West Virginia vs. Michael Puffenbarger

He was before the Court for revocation of his probation after pleading guilty to reckless driving in Magistrate Court.

Christopher Pritt of Charleston represented Puffenbarger and Judge Alsop sentenced him to 60 days in Central Regional Jail with costs to be paid by the Department Of Corrections.


•  One civil pretrial was rescheduled.


•  A bench trial was rescheduled to Tuesday, October 21, 2014 at 1:00 PM.

Daniel Grindo represents the plaintiff, Van Ramsey Sr. and Van Ramsey II and Michelle Ramsey defendants are self-represented.


•  Motions were heard in the case of Julie Conrad vs. Gilmer County Senior Citizen’s Center and Judge Alsop took them under advisement and will enter a ruling later.


•  One criminal matter was expunged.

Gilmer County Magistrate Court Report - 08.05.14

The Gilmer Free Press

Civil Case(s):

Plaintiff Defendant Filed Served Amount
Warren E. Hacker Levander Brown 07.23.14 $860.00
Credit Acceptance Corporation c/o Atkins Law Office James P. Scott 07.25.14 07.25.14 $3,406.99
John & Angela Isenhart John Wood 08.01.14 $300.00



The Gilmer Free Press
Misdemeanor / Criminal Case(s):

Complainant Defendant Offense Date Warrant
Sheriff Larry Gerwig Jesse Lee Kessinger Fugitive from Justice 09.12.14
Sheriff Larry Gerwig William Markel Warren Fugitive from Justice 07.24.14
Sheriff Larry Gerwig Carlos Wilson Fugitive from Justice 07.24.14
K.J. Varner II Cynthia J. Barker Domestic Assault 07.29.14 07.28.14
Bond: $1,000.00
TFC Francis L. Baynor Ross Lee Miller Possession of Controlled Substance Less than 15 Grams 07.31.14 08.01.14
Bond: $5,000.00
TFC Francis L. Baynor Lisa Fay Sutphin Possession of Controlled Substance Less than 15 Grams 07.31.14 08.01.14
Bond: $15,000.00
TFC Francis L. Baynor Lisa Fay Sutphin Obstructing an Officer 07.31.14 08.01.14
Bond: $15,000.00
TFC Francis L. Baynor Tyler L. Sutphin Possession of Controlled Substance Less than 15 Grams 07.31.14 08.01.14
Bond: $5,000.00
TFC Francis L. Baynor Richard Barker Domestic Assault 08.01.14 08.01.14
Bond: $2,500.00
TFC Francis L. Baynor Richard Barker Domestic Battery 08.01.14 08.01.14
Bond: $2,500.00
Joseph R. Garrett Duane E. Lipscomb False Pretenses 07.12.14 08.05.14
Fred's James W Griner Worthless Check 08.04.14
$125.00
Fred's Darlene Chadwell Worthless Check 08.05.14
$50.00
Fred's Mose Chadwell Worthless Check 08.05.14
$64.52
Fred's Darlene Chadwell Worthless Check 08.05.14
$64.00
Fred's Darlene Chadwell Worthless Check 08.05.14
$85.00
Fred's Darlene Chadwell Worthless Check 08.05.14
$40.00
Fred's Darlene Chadwell Worthless Check 08.05.14
$35.00
Fred's Darlene Chadwell Worthless Check 08.05.14
$50.00
Fred's Darlene Chadwell Worthless Check 08.05.14
$35.00
Sheriff Larry Gerwig Jihard Smith Fugitive from Justice 05.03.14 08.01.14
08.01.14: To Appear in Gilmer County Circuit Court on 08.11.14 at 9:00 AM



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
Christopher Baily 07.26.14 Seat Belt Violation
Tonya Buckhannon 07.31.14 No Proof of Insurance
Randall James Cook 07.25.14 No Proof of Insurance
Bobby Eugene Toppings 07.30.14 No Proof of Insurance



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Jose Medra Salmeron 07.30.14 Operator’s
Failure to Obtain WV Registration
Tyler Lee Sutphin 07.31.14 Possession of Controlled Substance Less Than 15 Grams



Gilmer County Family Court Report – 07.23.14

The Gilmer Free Press

Family Court Judge Larry Whited held Family Court in Gilmer County on Wednesday, July 23, 2014.


Two divorces were granted as follows:


•  Wendy Wilson (48) of Linn, WV divorced Thomas Wilson (49)  currently lodged in Central Regional Jail on July 23, 2014


•  Meranda Rene Carder (24) of West Union, WV divorced Dustin Wayne Carder (28) of Big Springs, WV on July 23, 2014


•  One divorce was rescheduled.


•  Several domestic violence cases were heard.

Gilmer County Magistrate Court Report - 07.29.14

The Gilmer Free Press

Civil Case(s):

Plaintiff Defendant Filed Served Amount
John Zsigray Robert Fox
Pickers Barn Antique
07.14.14 $450.00
Joe Eagle John R. Ellis 07.15.14 $775.00
Warren E. Hacker Levander Brown 07.23.14 $860.00
Credit Acceptance Corporation
c/o Atkins Law Office
James P. Scott 07.25.14 $3,406.99



The Gilmer Free Press
Misdemeanor / Criminal Case(s):

Complainant Defendant Offense Date Warrant
Chief Benton Huffman Jennifer Sue Helmick Failure to Report 07.14.14 07.14.14
Bond: $500.00
Chief Benton Huffman Jennifer Sue Helmick Leaving Scene 07.14.14 07.14.14
Bond: $500.00
Kenneth J. Varner II Brian S. Kennedy Driving Under The Influence 07.19.14 07.19.14
Bond: $1,000.00
Gerald B. Hough, Prosecutor Lilly Marie King Driving Suspended / Misc. 07.22.14 07.22.14
07.22.14: Plea of Guilty Entered - Fine $100.00 - Court Cost $160.25 - Total $260.25 - 6 Month Payment Schedule
Joseph R. Garrett Michael Shawn Billups Obtaining Money Under False Pretenses 07.24.14 07.25.14
Bond: $2,500.00
John W. Moss David Eric Bailey Domestic Battery 07.24.14 07.24.14
Bond: $5,000.00
Joseph R. Garrett Michael Shawn Billups Conspiracy To Commit A Misdemeanor 07.25.14 07.25.14
Bond: $2,500.00
K.J. Varner, II Cynthia J. Barker Domestic Assault 07.28.14
K.J. Varner, II Cynthia J. Barker Domestic Battery 07.28.14
Sheriff Larry Gerwig Jose Traveraso Fugitive From Justice 07.17.14
Sheriff Larry Gerwig Jesse Lee Kessinger Fugitive From Justice 07.12.14
Sheriff Larry Gerwig William Markel Warren Fugitive From Justice 07.24.14
Sheriff Larry Gerwig Carlos Wilson07.24.14 Fugitive From Justice



The Gilmer Free Press



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Patrick Eugene Parker 07.22.14 Registration Violation, No Proof of Insurance






The Gilmer Free Press

Department of Natural Resources Citation(s):

Defendant Issued Charge(s)
Harry L. Heater 07.19.14 Illegal Burning of Refuse

WV Metro News: Gilmer County Commissioner Arrested, Charged with DUI

The Gilmer Free Press

The West Virginia Metro News Report:

The West Virginia State Police arrested and charged Gilmer County Commissioner Brian Kennedy with a DUI over the weekend.

Senior Trooper K. J. Varner II pulled Kennedy over at 8:00 PM on Saturday after he was seen driving erratically on U.S. Highway 33 in Gilmer County.

Once pulled over, Varner said he detected alcohol on Kennedy’s breath and initiated the proper procedures.

A secondary chemical test revealed Kennedy’s BAC was at 0.089, which is over the 0.08 limit.

Varner said Kennedy was cooperative while detained until around 10:30 PM, when Magistrate Judge Carol L. Wolfe arraigned and released him on a personal recognizance bond.

According to Judge Wolfe’s office, as of Monday, no dates have been set in regard to the case.

A representative from the Gilmer County Commission has not yet been available for comment on the matter at this time.

~~  Aaron Payne ~~

GFP - 07.21.2014
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LEWIS COUNTY MAN PLEADS NOT GUILTY

The Gilmer Free Press

One of two men indicted in a 1999 Lewis County, WV murder case has entered a plea of not guilty.

Joseph Metz, age 39, of Weston, WV entered the plea to two counts of first degree murder Friday morning before Judge Kurt Hall.

The defense also filed a motion to dismiss the case.

Judge Hall set a hearing for this motion for next week and jury selection for the trial in October.

Metz, along with Charles Steven Freeman, age 51, of Archbold, Ohio, were indicted by a Lewis County grand jury on July 15, 2014.

Freeman was re-arrested on Wednesday while Metz was re-arrested in January.

Both are charged in connection to the 1999 disappearance of Metz’ mother Mary Friend, age 46 and grandmother Maxine Stalnaker, age 69.

The two, along with David Hughes, age 58, were charged in the case in 2013 but the charges were later dropped in light of additional information in the case arising.

Friend and Stalnaker went missing from Lewis County on December 01, 1999 and Friend’s car was later found five days later in Clarksburg, WV.

Freeman was scheduled for arraignment Friday morning but, according to the Lewis County Sheriff’s Department, officials are waiting for his extradition to the state.

Two Charged in 1999 Disappearance of Two WV Women

The Gilmer Free Press

Two men have been indicted on murder charges stemming from the 1999 disappearance of a West Virginia woman and her daughter.

A Lewis County grand jury charged both Charles Stephen Freeman, age 51, of Archbold, Ohio, and Joseph Metz, age 39, of Horner, WV with two counts of first-degree murder on Wednesday in a sealed indictment.

Lewis County Circuit Court Judge Kurt Hall ordered the indictment unsealed Thursday morning following Freeman’s arrest on Wednesday in Ohio.

The men are accused of killing Maxine Stalnaker, age 69, and her daughter, Mary Friend, age 46.

The women disappeared in December 01, 1999, after leaving their Jane Lew home on a Christmas shopping trip.

Their station wagon was found five days later near the Harrison County community of Gore.

Their bodies have not been found.

Metz is Friend’s son and Stalnaker’s grandson.

Co-defendant David Hughes, age 58, of Archbold pleaded guilty in February to conspiracy to commit armed robbery.

He is awaiting sentencing.

All three defendants initially were charged in September 2013 with the slayings.

Former Lewis County prosecutor Mike Smith later dismissed the charges, saying there was new information.

Attorney Tom Dyer, who had previously represented Freeman, told The Exponent Telegram that the new charges against Freeman were “a very big surprise.“

“To me, I thought this was all over,“ Dyer said.

Metz has been held at the Central Regional Jail without bond since the Lewis County Sheriff’s Department arrested him on murder charges in January.

Jail records did not indicate whether Metz has an attorney.

West Virginia Agency Appeals Judge’s Pay Raise Directive

The Gilmer Free Press

The West Virginia Department of Health and Human Resources is appealing a judge’s directive to give pay raises to some workers at the state’s two psychiatric hospitals, arguing that it has fulfilled a similar order issued in 2009.

The directive is part of an order issued June 2 by Kanawha County Circuit Court Judge Duke Bloom in an ongoing case centering on the treatment of mental health patients.

Bloom directed the DHHR to immediately implement a special starting salary for new health service workers at William R. Sharpe Jr. Hospital in Weston and Mildred Mitchell-Bateman Hospital in Huntington. Workers hired or promoted since January 2103 must be retroactively compensated.

The DHHR appealed the directive to the West Virginia Supreme Court earlier this month. The appeal said the directive is “arbitrary and capricious and an abuse of discretion” because the DHHR has fulfilled Bloom’s 2009 order, The Charleston Gazette reported Thursday.

“This issue is separate from the merits of the rest of the action because it is DHHR’s position that the pay rate increase was completed as agreed by the parties, and the controversy concluded at that time,“ Victoria Jones, commissioner for the Bureau of Behavioral Health and Health Facilities, told the newspaper. “In our government, it is the role of the legislative branch to appropriate funding for the other two branches of government.“

She said an order issued by Bloom on April 25, 2012, recognized that DHHR was complying with the 2009 order.

“However, in the June 02, 2014 order, it appears that the Court is interpreting the pay increase contemplated by the 2009 agreed order so that additional pay increases would continue beyond the one-time appropriation by the Legislature. DHHR does not share this interpretation,“ Jones said.

The appeal also argued that other aspects of the case are unresolved, including a plan to reduce staff vacancies, discontinue mandatory overtime and stop using temporary contract employees.

“Given the extreme staffing shortages at the two state hospitals, and the effect that those shortages have on patient care, (the) petitioners are disappointed that the Bureau is choosing to appeal the implementation of a small increase in direct care starting salaries that it agreed to years ago, instead of directing its efforts toward recruiting and retaining direct care staff,“ Lydia Milnes, an attorney for Mountain State Justice, told the newspaper.

Mountain State Justice represents employees and patients at both hospitals.

The appeal DHHR’s also said the directive violates the collateral order doctrine because Bloom ordered immediate implementation of the salary increases, making the directive final. The doctrine makes orders subject to appeal if they are final in a case that is ongoing.

On June 27, 2014 Bloom found the DHHR in contempt for failing to comply with previous orders.

A show-cause hearing is set for August 01, 2014.

Gilmer County Magistrate Court Report - 07.16.14

The Gilmer Free Press

Civil Case(s):

Plaintiff Defendant Filed Served Amount
Gregory Waddell Deanna Starcher 07.10.14
Roxanne McAtee Dianna Allegretti 07.14.14 $245.00
John Zsigray Robert Fox 07.14.14 450.00



The Gilmer Free Press
Misdemeanor Case(s):

Complainant Defendant Offense Date Warrant
TFC Francis L Baynor Christopher Debarr Burglary 07.03.14 07.14.14
Bond: $50,000.00
Cpt. M.S. Summers Kelly Marie King Driving Suspended / Revoked for DUI 07.10.14 07.10.14
Bond: $1000.00
Cpt. M.S. Summers Kelly Marie King No Proof of Insurance 07.10.14 07.10.14
Bond: $1000.00
Cpt. M.S. Summers Kelly Marie King No Operators Carried 07.10.14 07.10.14
Bond: $1000.00
Deb's Dyes and Dos Brandy Moore Worthless Check 07.11.14
$40.00
TFC Francis L. Baynor Gary Ted Metz Driving Under Influence 07.10.14 07.11.14
Bond: $1000.00 Beulah Metz Posted $1,000.00 Cash Bond on 07.11.14
Chief Benton Huffman Jennifer Sue Helmick Failure to Report 07.14.14 07.14.14
Bond: $500.00
Chief Benton Huffman Jennifer Sue Helmick Leaving Scene 07.14.14 07.14.14



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
Bonnie Hicks 07.04.14 Speeding
Ashley N. Huffman 07.07.14 Motor Vehicle Inspection
Cody Ray Jarrett 07.09.14 Driving Suspended / Revoked Non-DUI
Brian Jones 07.14.14 Trespassing
Brian Lee Jones 07.12.14 Trespassing
Tina Jones 07.12.14 Trespassing
Tina Jones 07.14.14 Trespassing
Gary Ted Metz 07.10.14 Driving Under The Influence
Jamie F. Persinger 07.12.14 Driving Suspended / Revoked Non-DUI 2nd Offense

Lewis County Grand Jury Indicts 37 People

The Gilmer Free Press

Thirty-seven people were named in indictments by a Lewis County grand jury Tuesday, many of them for drug-related charges.

Prosecuting Attorney Lea Anne Hawkins and Assistant Prosecuting Attorney Brian W. Bailey presented the cases to the grand jury.


Those indicted Tuesday include:


•  Danyelle Leigh Wyant, age 24, of Copen, was indicted on nine counts of fraudulent use of an access device and one count of fraudulent schemes.


•  Matthew Alan Kennedy, age 26, of Weston, was indicted on one count of delivery of a controlled substance, marijuana.


•  Victoria Lynn Altland, age 38, of Clarksburg is facing two counts of delivery of a controlled substance, hydrocodone; and one count of delivery of a controlled substance, buprenorphine.


•  Chelsey Nicole Garrison, age 26, of Weston, was indicted on one count of delivery of a controlled substance, methamphetamine, and one count of delivery of a controlled substance, morphine.


•  Tyler Paul Carpenter, age 25, of Weston, is facing one count of delivery of a controlled substance, hydrocodone.


•  David Allen Lane, age 31, of Fairmont, was indicted on two counts of delivery of a controlled substance, marijuana.


•  Kristi Lynn Nuzum, age 39, of Nutter Fort, and Shannon Marie Hannigan, age 36, of Clarksburg, were each indicted on one count of delivery of a controlled substance, hydrocodone, one count of possesion of a controlled substance, hydrocodone with intent to deliver, one count of possession of a controlled substance, alprazolam, with intent to deliver, and two counts of conspiracy.


•  Donald Glen Carder Jr., age 51, of Camden, was indicted on two counts of delivery of a controlled substance, methamphetamine.


•  Atha Denzil Cowgar, no age given, of Weston, was indicted on one count of manufacturing a controlled substance, marijuana, and one count of possession of a controlled substance, marijuana.


•  Randall Joe Metz, age 45, of Weston, is named for two counts of delivery of a controlled substance, hydrocodone.


•  Kayla Marie Carder, age 25, of Weston, is indicted on one count of delivery of a controlled substance within 1,000 feet of a school, oxycodone; one count of delivery of a controlled substance, methamphetamine; and one count of delivery of a controlled substance, hydrocodone.


•  Amber Lee James, age 27, of Weston, was indicted on two counts of delivery of a controlled substance, oxycodone.


•  Andrew Christopher Bailey, age 30, of Clarksburg, was indicted on one count of delivery of a controlled substance, cocaine, and one count of delivery of a controlled substance, hydrocodone.


•  Jeffrey Tyler Davisson, age 28, of Weston, was indicted on two counts of delivery of a controlled substance, oxycodone.


•  Curtis Victor Riggs, age 28, of Sandfork, was indicted on one count of operating or attempting to operate a clandestine drug laboratory; and one count of possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance.


•  Ronald Dwayne McCartney, age 47, of Crawford, was indicted on one count of third or subsequent offense DUI, third or subsequent offense DUI with blood alcohol over .08, and one count of obstructing an officer.


•  Eric Wade Chidester, age 32, of French Creek, was indicted on one count of persons prohibited from possessing firearms, one count of fleeing in a vehicle with reckless indifference to the safety of others and one count of fleeing from an officer.


•  Kayla Michelle Hamner, age 23, of Flatwoods, and Eric Lee Carpenter, age 26, of Sutton, were named in the same indictment. They are each charged with one count of forgery, one count of uttering and one count of conspiracy to commit a felony.


•  Ryan Edward Gaines, age 23, of Weston, and Todd Michael Gaines, age 20, of Weston, were named in the same indictment charging them each with one count of grand larceny, one count of breaking and entering and one count of conspiracy to commit a felony.


•  Joshua Lee Lockhart, age 22, of Weston, was indicted on eight counts of sexual assault in the third degree.


•  Joshua Duane Adams, age 32, of Weston, was indicted on one count of possesion of a controlled substance with the intent to deliver and one count of conspiracy to commit a felony.


•  Brittany Jo Radcliff, age 26, of Weston, was indicted on two counts of delivery of a controlled substance, one count of possession of a controlled substance with the intent to deliver, and one count of conspiracy to commit a felony.


•  Connie Sue McCord, age 46, of Walkersville, was indicted on one count of possession of a controlled substance with intent to deliver, methamphetamine, and one count of conspiracy to commit a felony.


•  Jeremy O. Kincaid, age 24, of Horner, was indicted on one count of soliciting a minor via computer and one count of attempted sexual assault in the third degree.


•  Daniel Reese Price II, age 28, of Weston, was indicted on one count of delivery of a controlled substance, oxycodone.


•  Andrew Lewis Wears, age 27, of Maidsville, was indicted on one count of third or subsequent offense DUI, and one count of third or subsequent offense DUI with a blood alcohol over .08.


•  Corey Shane Bender, age 22, of Buckhannon, was indicted on one count of third offense shoplifting and one count of conspiracy to commit a felony.


•  James Scott Morford, age 30, of Grantsville, was indicted on one count of operating or attempting to operate a clandestine drug laboratory and one count of possession of substances to be used as a precursor to manufacture methamphetamine.


•  Tyson Stephen Chandler, age 27, of Horner, and Richard Neal Clem II, 46, of Camden, were named in the same indictment. They were indicted on once count of possession of substances to be used as a precursor to manufacture methamphetamine, and one count of conspiracy to commit a felony.


•  Chasity Marie Knapp, age 37, of Weston, was indicted on one count each of possession of substances to be used as a precursor to manufacture methamphetamine, possesion of a controlled substance, and conspiracy to commit a felony.


•  Jedadiah A. Stump, age 27, of Buckhannon, was indicted on one count of sexual assault in the third degree, one count of malicious assault and one count of third offense domestic battery.


•  Joseph Wagner, age 32, of Buckhannon, was indicted on two counts of shoplifting third offense.


•  Sarah Lynn Kennedy, age 18, of Lost Creek, was indicted on one count of sexual assault in the second degree and one count of sexual assault in the third degree.

Gilmer County Circuit Court: Smith Jury Trial End

The Gilmer Free Press

On Tuesday, July 15, 2014 Judge Richard A. Facemire indoctrinated the petit/magistrate jurors and the jury was sworn in the case of State of West Virginia vs. William Clavel Smith at 10:55 AM and the trial began.

At 11:32 AM the State rested its case and at 11:53 AM the defense rested its case after the defendant testified.

At 12:03 PM the Court read the charge to the jury and the state and defense argued their case and at 12:31 PM the jury went to their room to deliberate upon their verdict.

At 12:55 PM the jurors returned with a verdict of guilty of possession (a misdemeanor).

Judge Facemire ordered the probation officer to do a presentence investigation on defendant and set sentencing for 9:50 AM on Monday, August 25, 2014.

Upon Smith being unable to provide a urine sample for a drug screen, the Judge ordered him sent to Central Regional Jail until he tests negative.

Also upon his admission to smoking synthetic marijuana within the past couple weeks, Judge Facemire also revoked Smith’s bond.

Smith was represented by David Karickhoff of Sutton.

Gilmer County Circuit Court Report – 07.14.14

The Gilmer Free Press

Chief Judge Jack Alsop held motion day in Gilmer County Monday, July 14, 2014.


Four juvenile matters were heard and reset as follows:

•  Friday, July 25, 2014 at 2:30 PM

•  Tuesday, October 14, 2014 at 9:00 AM

•  Monday, August 11, 2014 at 11:30 AM

•  Friday, August 22, 2014 at 1:30 PM


•  State of West Virginia vs. Isaac Grounds

He was before the Court for sentencing upon his former plea of guilty to grand larceny.

Judge Alsop sentenced him to Anthony Correction Center for youthful offenders for a term of not less than 6 months nor 2 years.

After he completes that program he will be brought back and the restitution in the amount of $63,628.00 will then be assessed, minus the sale prices of 2 vehicles Grounds surrendered the title to for the victim to recoup some of his loss.


•  State of West Virginia vs. Patrick Collins

He was before the Court wanting to file a habeas corpus petition pro se with an attorney to assist him.

Judge Alsop had previously appointed Christopher Moffatt of Charleston, who appeared on this date with Patrick Collins.

Grounds now has 120 days to file an omnibus habeas corpus petition.


•  One civil matter was settled prior to hearing.


•  State of West Virginia vs. Derrick Stalnaker

The case was dismissed without prejudice to the state upon joint motions by the state and defense.

Stalnaker was represented by Valentina Wheeler from Charleston and he will be released from bond and house arrest upon receipt of the order.

Gilmer County Circuit Court Report – 07.11.14

The Gilmer Free Press

On Wednesday, July 09, 2014 Judge Facemire heard a 5 page docket in Gilmer County, calling the criminal docket and renewing capias’ in outstanding criminal cases.

He heard pretrial motions in 4 criminal cases:


•  State of West Virginia vs. Kimberly Demastus

Defendant must report to the probation officer at 9:30 AM on Monday, July 14, 2014 for a drug test and produce a letter of medical necessity from her doctor as to any narcotic prescriptions she is currently taking.

She is also to have no contact with the victim and/or witnesses in the matter.

Her trial is now scheduled for Tuesday, August 19, 2014 at 9:00 AM.

Demastus is represented by Mark Hudnall of Summersville.


•  State of West Virginia vs. Daniel John McCormick

He was before the Court represented by Jeff Davis.

Davis reported that he had been hired by the City of Glenville as their city attorney and felt there might be a conflict in his representation of the defendant, due to the city police being the arresting agency.

Later he withdrew as counsel after calling the state bar association and getting a ruling from them.

McCormick must hire a new attorney and his case is set for status Monday, August 25, 2014 at 9:30 AM.


•  State of West Virginia vs. William Clavel Smith

He was before the Court with his attorney, David Karickhoff and his trial remains on the docket for Tuesday, July 15, 2014.


•  State of West Virginia vs. Van Ross Ramsey Sr.

He was before the Court with his attorney, Daniel Grindo of Gassaway.

His trial is now set for Tuesday, August 26, 2014.


•  Also before the Court was Stephanie Smarr, represented by Christina Flanigan of Buckhannon.

Smarr admitted two paragraphs in the petition for revocation of probation and her probation was revoked.

Judge Facemire deferred revoking her bond and allowed her to attend Crossroads Recovery Home in Mingo County with electronic monitoring and she must complete the program.

Her sentencing is now set for Monday, January 26, 2015 at 9:00 AM.


•  Twelve juvenile matters were heard and reset for further hearings.


On Friday, July 11, 2014 Judge Richard A. Facemire held arraignments in Gilmer County.


•  State of West Virginia vs. Steven Ray Gibson

He appeared with Steve Nanners standing in for his attorney, Bryan Hinkle.

Gibson entered a plea of not guilty and he is set for the third trial on Wednesday, September 03, 2014.


•  State of West Virginia vs. William Wayne Cottrill

He appeared and Clinton Bischoff was appointed to be his attorney.

His bond was set at $20,000.00 and he is set for the second trial on Wednesday, September 03, 2014.


•  State of West Virginia vs. Joe Williams III

He failed to appear for arraignment and a bench warrant was issued for his arrest and he is to be placed in Central Regional Jail under $100,000.00 cash only bond.


•  State of West Virginia vs. John Walton Jackson

He appeared with Clinton Bischoff his attorney.

He is set first trial on Wednesday, September 03, 2014.


•  State of West Virginia vs. Dwight William Bullough

His case will be the first trial Tuesday, September 09, 2014 and he is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Edward Gerald Cottrill II and Christina Ann Marks

They appeared with Bischoff representing Cottrill and Steve Nanners stood in for Marks’ attorney, Christina Flanigan.

Their cases were consolidated and are set for 4th trial on Wednesday, September 03, 2014.


•  State of West Virginia vs. James C. Miller

He appeared without his attorney and his arraignment was continued until 9:00 AM Friday, August 15, 2014 when his attorney must appear and show cause why she (Valentina Wheeler) did not appear for Court today.


•  State of West Virginia vs. Brittany D. Miller

She appeared and had her bond set at $20,000.00 and Bischoff reappointed as her attorney.

She is set for 5th trial on Wednesday, September 03, 2014.


•  State of West Virginia vs. Clayton McCune

He failed to appear, but was not served with his summons to appear.

Therefore Judge Facemire directed a new summons be issued for his arraignment to be held on Friday, August 15, 2014 at 9:00 AM.


•  State of West Virginia vs. James Royce Miller

He appeared with Bischoff, his attorney, and his trial is set for the sixth trial on Wednesday, September 03, 2014.


•  State of West Virginia vs. Traci Pyles

She appeared with her attorney, Tim Gentilozzi and was released from house arrest with a 9:30 PM curfew.

She is set for 2nd trial on Tuesday, September 09, 2014 with pretrial to be heard at 10:15 AM Monday, August 25, 2014.


•  State of West Virginia vs. James Randell Bailey

He appeared with Daniel Grindo standing in for his attorney, Christopher Moffatt and his trial was continued to the November, 2014 term of Court.


•  State of West Virginia vs. John Patrick Paletta

He did not appear for arraignment due to being incarcerated, so his arraignment was continued until Friday, August 15, 2014 at 9:00 AM.

Moffatt also represents Paletta.


•  State of West Virginia vs. Kimberly Swiger

She did not appear and a bench warrant was issued for her arrest and incarceration pending posting $100,000.00 cash bond.


•  State of West Virginia vs. James Lee Ash

He also failed to appear and a bench warrant was issued with his bond being set at $100,000.00 cash only as well.


•  One fugitive from justice case was heard and Faron Haycock waived extradition back to Indiana.

Authorities there have until 4:00 PM Tuesday, July 22, 2014 to pick him up or Central Regional Jail will release him.

Haycock was also represented by Bischoff.

Gilmer County Magistrate Court Report - 07.08.14

The Gilmer Free Press

Civil Case(s):

Plaintiff Defendant Filed Served Amount
Calhoun County Bank Dione R. Hardman 07.02.14 07.03.14 $342.50
Calhoun County Bank Tracy Jo Rexroad 07.02.14 07.02.14 $392.50



The Gilmer Free Press
Misdemeanor Case(s):

Complainant Defendant Offense Date Warrant
TFC Francis L. Taylor, WVSP Cheyenne A. Dennison Assault on Officer 07.04.14 07.04.14
Bond: $1,000.00    -  Defendant Posted 10% of Bond, $100.00 0n 07.05.14, Paper Receipt Issued by WOL and Released from Jail.
Sgt R.P. Smith Jasmine Rahchelle Roberson Speeding 07.06.14 07.07.14
Bond: $15,000.00
Sgt R.P. Smith Jasmine Rahchelle Roberson Fleeing from an Officer 07.06.14 07.07.14
Bond: $15,000.00
Sgt R.P. Smith Jasmine Rahchelle Roberson Reckless Driving 07.06.14 07.07.14
Bond: $15,000.00



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
Lisa D. Dobbins 07.03.14 No Proof of Insurance
Jeremy N. Poling 07.05.14 Speeding
Todd Mitchel Pounds 07.06.14 Motor Vehicle Inspection



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Terri Lynn Barley 07.07.14 Cell Phone
Chris N. Gabriel 07.03.14 Driving Suspended / Revoked for DUI-2nd Offense
Lorraine H. Wright 07.03.14 Burning Refuse

 

Gilmer County Grand Jury Returns 16 Indictments on 07.08.14

The Gilmer Free Press

The July, 2014 Term of Court began on Tuesday, July 08, 2014 with Judge Richard A. Facemire instructing the grand jury.


The grand jurors went to their jury room to deliberate upon their presentments at 9:42 AM and returned to the Court Room at 12:37 PM and returned 16 indictments as follows:


•  State of West Virginia vs. Steven Ray Gibson

3 count indictments, indicted for 2 counts of delivery of a controlled substance (meth) within 1000 feet of a school and 1 count of domestic battery.


•  State of West Virginia vs. William Wayne Cottrill

3 count indictments, indicted for 1 count of attempting to operate a clandestine drug laboratory, 1 count of altering pseudoephedrine, 1 count of conspiracy to attempt to operate a clandestine drug laboratory.


•  State of West Virginia vs. Joe Williams III

1 count indictment, indicted for conspiracy to attempt to operate a clandestine drug laboratory.


•  State of West Virginia vs. John Walton Jackson

4 count indictments, indicted for 3 counts of child concealment of a person under 16 and 1 count of sexual abuse in the third degree.


•  State of West Virginia vs. Dwight William Bullough

1 count indictment, indicted for 1 count of attempt to obtain a prescription by fraud.


•  State of West Virginia vs. Edward Gerald Cottrill II

2 count indictments, indicted for 1 count of shoplifting third offense and conspiracy to shoplift third offense.


•  State of West Virginia vs. Christina Ann Marks

2 count indictments, indicted for 1 count of shoplifting third offense and conspiracy to shoplift third offense.


•  State of West Virginia vs. James Christopher Miller

13 count indictments, indicted for 2 counts of conspiracy to attempt to operate a clandestine drug laboratory, 2 counts of attempting to operate a clandestine drug laboratory, 1 count of possession with intent to deliver a Schedule II controlled substance (meth), 1 count of driving suspended, 2 counts of obstructing an officer, 1 count of conspiracy to obstruct an officer, 1 count of possession of controlled substance (hydro), 1 count of altering pseudoephedrine, 1 count of possession of controlled substance (synthetic cannabis) and 1 count of possession of controlled substance (marijuana).


•  State of West Virginia vs. Brittiny Denise Miller

2 count indictments, indicted for 1 count of attempting to operate a clandestine drug laboratory and 1 count of conspiracy to attempt to operate a clandestine drug laboratory.


•  State of West Virginia vs. Clayton James McCune

4 count indictments, indicted for 2 counts of malicious wounding and 2 counts of domestic battery.


•  State of West Virginia vs. James Royce Miller

5 count indictments, indicted for 1 count of attempting to operate a clandestine drug laboratory, 1 count of altering pseudoephedrine, 1 count of conspiracy to attempt to operate a clandestine drug laboratory, 1 count of possession of a controlled substance ( synthetic cannabis) and 1 count of possession of a controlled substance (marijuana).


•  State of West Virginia vs. Traci Nichole Pyles

10 count indictments, indicted for 2 counts of obstructing an officer, 1 count of permitting an unauthorized person to drive, 1 count of conspiracy to obstruct an officer, 1 count of possession of controlled substance (hydro), 1 count of conspiracy to attempt to operate a clandestine drug laboratory, 1 count of attempting to operate a clandestine drug laboratory, 1 count of altering pseudoephedrine, 1 count of possession of controlled substance ( marijuana) and 1 count of possession of controlled substance (synthetic cannabis).


•  State of West Virginia vs. James Randell Bailey

7 count indictments, indicted for 7 counts of delivery of a controlled substance (hydros).


•  State of West Virginia vs. John Patrick Paletta

4 count indictments, indicted for 1 count of daytime burglary, 1 count of conspiracy to commit daytime burglary, 1 count of grand larceny and 1 count of conspiracy to commit grand larceny.


•  State of West Virginia vs. Kimberly Jean Swiger

4 count indictments, indicted for 1 count of daytime burglary, 1 count of conspiracy to commit daytime burglary, 1 count of grand larceny, and 1 count of conspiracy to commit grand larceny.


•  State of West Virginia vs. James Lee Ash

6 count indictments, indicted for 1 count of persons in custody of institutions or officers (escaped home confinement), 1 count of felon in possession of firearm, 1 count of destruction of property, 1 count of assault, 1 count of possession of controlled substance (Marijuana) and 1 count of obstructing an officer.


Arraignments will be 9:00 AM Friday, July 11, 2014 when defendant need to appear with their attorneys and be prepared to post bond if they have not already been admitted to bond.

GINGER PERSINGER FOUND NOT GUILTY

The Gilmer Free Press

The trial of State of West Virginia vs. Ginger Persinger, charged with 3 counts of embezzlement began on Tuesday, June 24, 2014 at 10:28 AM after the jury was sworn and seated.

Opening statements were made and the prosecutor Gerald B. Hough began to call witnesses.

Testimony was taken from 2 witnesses on Tuesday and Chief Judge Jack Alsop recessed the trial at Noon and directed the jury to return at 9:00 AM on Wednesday.

On Wednesday, June 25, 2014 Gerald Hough called 6 more witnesses before the Judge sent the jury to lunch.

At 1:15 PM the trial resumed and the state rested its case.

Judge Alsop sent the jury to their jury room while motions were heard and at 1:20 PM the defense called 1 witness and rested its case at 1:25 PM.

At 1:33 PM Judge Alsop read the charge to the jury, concluding at 1:55 PM.

Both attorneys had 20 minutes to argue their case and at 2:21 PM the jury retired to the jury room and at 2:33 PM they announced they had arrived at a verdict.

Deliberating less than 15 minutes they found the defendant NOT GUILTY ON ALL COUNTS.

Gilmer County Magistrate Court Report - 07.01.14

The Gilmer Free Press
Civil Case(s):

Plaintiff Defendant Filed Served Amount
1st Financial Bank USA    c/o Amanda Tieszen Trisha L. Cottrill  AKA  Trisha L. Metz 06.25.14 06.26.14 $1,669.41
06.26.14 Returned - Unable to Deliver



The Gilmer Free Press
Misdemeanor - Criminal Case(s):

Complainant Defendant Offense Date Warrant
Jeremy D. Jenkins George Michael Simmons Obstructing an Officer 06.17.14 06.18.14
Bond $1,500.00  - 06.18.14 B&B Bond Out * No Contact What So Ever with Christian Pierce
Jeremy D. Jenkins George Michael Simmons Accessory After The Fact 06.17.14 06.18.14
Cpl Matt Summers Michael Anthony Puffenbarger Reckless Driving 06.19.14 06.19.14
06.19.14 Plea of Guilty Entered in Exchange for Dismissal. Fine $35.00  Court Cost $160.26
Cpl Matt Summers Michael Anthony Puffenbarger Assault 06.19.14 06.19.14
06.19.14  Dismissed by Motion of State 8 Granted in Exchange for Guilty Plea to above Case
Garry W. Smarr Spencer A. Dillon Phone Calls - Harassing/Obscene/Threatening 06.25.14 06.27.14
Bond  $500.00
Francis L. Raynor, TFC Steven R. Gibson Attempt to Commit Petit Larceny 06.26.14 06.27.14
Bond  $1,000.00
Francis L. Raynor, TFC Steven R. Gibson Conspiracy 06.26.14 06.27.14
Bond  $1,000.00
Francis L. Baynor, TFC John Junior Woods IV Attempt to Commit Petit Larceny 06.26.14 06.27.14
Bond  $1,500.00
Francis L. Baynor, TFC John Junior Woods IV Conspiracy 06.26.14 06.27.14
Bond  $1,500.00
Francis L. Baynor, TFC John Junior Woods IV Obstructing an Officer 06.26.14 06.27.14
Bond  $1,500.00
Gerald B. Hough, PA Adam W. Ramsey Trespassing 2nd 06.10.14 06.27.14
06.27.14  No Contest Plea.  $100.00 Fine + $160.25 Court Cost.  Credit for Time Served. 6 Months to Pay.
Jeremy Jenkins Jacob Shreves Brandishing Deadly Weapon 06.27.14 06.27.14
Bond $2,500.00  
Jeremy Jenkins Jacob Shreves Assault 06.27.14 06.27.14
Bond $2,500.00 
K.J. Varner Russell Scott Greenlief Domestic Assault 06.29.14 06.29.14
Bond $500.00
K.J. Varner Jeffrey Mark Harper Domestic Battery 06.29.14 06.29.14
Bond  $500.00
Jeremy D. Jenkins Jacob Eli Shreves Possession of Controlled Substance Less Than 15 Grams 06.27.14 06.29.14
Bond  $1,250.00
Glenville Foodland Danny Minigh Worthless Check 03.15.14 06.30.14
$28.49
Glenville Foodland Michael Cain Worthless Check 05.09.14 06.30.14
$26.58
Glenville Foodland Michael Cain Worthless Check 05.09.14 06.30.14
$23.79
Kenneth J Varner, II Mark Anthony Stump Driving Suspended / Revoked for DUI 06.30.14 06.30.14
Bond  $1,500.00                          
Kenneth J Varner, II Mark Anthony Stump No Proof of Insurance  06.30.14 06.30.14
Bond  $1,500.00
Kenneth J Varner, II Mark Anthony Stump Motor Vehicle Inspection  06.30.14 06.30.14
Bond  $1,500.00
Kenneth J Varner, II Mark Anthony Stump Registration Violation 06.30.14 06.30.14
Bond  $1,500.00



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
James Scott 06.27.14 No Proof of Insurance
Annetta Lee Snyder 06.05.14 No Proof of Insurance
Mark A. Stump 06.30.14 Driving with Suspended/Revoke for DUI
Mark Anthony Stunp 06.30.14 Motor Vehicle Inspection,  Registration Violation
Kiira P Thompkins 06.21.14 Possession of Controlled Substance Less Than 15 Grams
Ceterika La. Waddell 06.27.14 Speeding
Zacary Michael White 06.18.14 No Proof of Insurance,  Motor Vehicle Inspection
Sarah Jane Yeager 06.27.14 Speeding



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Thomas Robert White 06.02.14 No Plates
Thomas Robert White 06.02.14 No Proof of Insurance
Thomas Robert White 06.18.14 Operator’s
Thomas Robert White 06.18.14 Possession of Controlled Substance Less Than 15 Grams



City of Glenville Citation(s):
Defendant Issued Charge(s)
Jacob Eli Shreves 06.27.14 Possession of Controlled Substance Less Than 15 Grams


Gilmer County Magistrate Court Report - 06.25.14

The Gilmer Free Press
Civil Case(s):

Plaintiff Defendant Filed Served Amount
Clint McHenry Laken Moore 06.02.14 06.04.14 $3,090.00
John M. Brown D.J. Marks 06.05.140 06.05.14 $935.00
06.16.14: Petitioner Granted Possession of Rental Property Defendant Shall Vacate Premises by 12:00 Noon on Friday, June 20, 2014
Linda Cottrill Mandy Post Blake 06.11.14 06.12.14 $980.00
06.23.14: Respondents to Pay $780.00 and to Vacate Premises No Later Than June 30, 2014
Sally Hart James Perrine 06.12.14 06.13.14
06.20.14: Dismiss without Prejudice * Magistrate Court Does Not Have Jurisdiction
Stonewall Jackson Memorial Hospital - c/o Booth & McCarthy Alex Anderson Phares 06.23.14 $955.78
Sonewall Jackson Memorial Hospital - c/o Booth & McCarthy Felicia Darlene Hall 06.23.14 $388.63
Sonewall Jackson Memorial Hospital - c/o Booth & McCarthy Dwanetta Darlene Martin 06.23.14 $1,853.33



The Gilmer Free Press
Misdemeanor - Criminal Case(s):

Complainant Defendant Offense Date Warrant
M. J. Wheeler Kyra Lynn Brown Domestic Assault 06.01.14 06.01.14
Bond: $1,500.00
M. J. Wheeler Kyra Lynn Brown Obstructing an Officer 06.01.14 06.01.14
Bond: $1,500.00
Chief Benton Huffman Wesley A. Bailes Possession of Controlled Substance Less Than 15 Grams 05.26.14 06.02.14
Bond: $1,000.00
Joseph R. Garrett, PTTM Kimberly Rae Davis Disorderly Conduct 06.07.14 06.08.14
Bond: $10,000.00
Joseph R. Garrett, PTTM Kimberly Rae Davis Domestic Battery 06.07.14 06.08.14
Bond: $10,000.00
Joseph R. Garrett, PTTM Kimberly Rae Davis Obstructing An Officer 06.07.14 08.08.14
Bond: $10,000.00
Cason Jones Robert Thomas White No Plates 06.02.14 06.12.14
Bond: $2,500.00
Cason Jones Robert Thomas White No Proof of Insurance 06.02.14 06.12.14
Bond: $2,500.00
Cason Jones Robert Thomas White Operator's 06.02.14 06.12.14
Bond: $2,500.00
Cason Jones Robert Thomas White Possession of Controlled Substance Less Than 15 Grams 06.02.14 06.12.14
Bond: $2,500.00
Jeremy D. Jenkins George Michael Simmons Obstructing an Officer 06.17.14 06.18.14
Bond: $1,500.00
Jeremy D. Jenkins George Michael Simmons Accessory After The Fact 06.17.14 06.18.14
Bond: $1,500.00
CPL Matt Summers Micheal Anthony Puffenbarfer Reckless Driving 06.19.14 06.19.14
Bond: $1,000.00
CPL Matt Summers Micheal Anthony Puffenbarfer Assault 06.19.14 06.19.14
Bond: $1,000.00
Captain Jeremy D. Jenkins Adam Wayne Ramsey Burglary 06.10.14 06.10.14
Bond: $15,000.00
K.J. Varner, 11, Sr Trp. Ronald Michael Gilmore Driving Suspended/Revoked for DUI 3rd Offense 06.21.14 06.21.14
Bond: $15,000.00



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
James Edward Ash 06.05.14 No Proof of Insurance
Harold Billingsley 06.05.14 No Proof of Insurance
Chad Drennen 06.17.14 No Proof of Insurance
Donni Marie Finley 06.10.14 No Proof of Insurance
Ronald Micheal Gilmore 06.21.14 Driving Suspended / Revoked for 3rd Offense
Patrick Wayne Gower 06.21.14 Trespassing
Rodney Harper 06.19.14 Possession of Meth, Possession Controlled Substance Less Than 15 Grams
Jerry Linn Hess 06.19.14 Driving Suspended / Revoked Non-DUI
Russell G. Hines 06.07.14 Driving Suspended / Revoked Non-DUI, Registration Violation
Jessica J. Hirsch 06.05.14 No Proof of Insurance
Jerry Lee Losh 06.12.14 Driving Suspended / Revoked Non-DUI
Ronnie Murphy 06.16.14 No Proof of Insurance, Seat Belt Violation
Tausha L. Riddle 06.23.14 Failure to Drive with Due Care, No Proof of Insurance
Annetta Lee Snyder 06.05.14 No Proof of Insurance
Brandon M. Sprouse 06.22.14 Destruction of Property
Kiira P. Thompkins 06.21.14 Possession of Controlled Substance Less than 15 Grams
Eugene D. Turner 06.23.14 Seat Belt Violation
Zacary Michael White 06.18.14 No Proof of Insurance, Motor Vehicle Inspection



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Tyler Scott Bennett 06.15.14 Registration Violation
Mary A. Hosey 06.10.14 Driving Suspended / Revoked Non-DUI
David Tyler Parrish 06.11.14 Unlawful Killings
Robert Thomas White 06.02.14 No Plates, No Proof of Insurance
Robert Thomas White 06.02.14 Operator’s, Possession of Controlled Substance Less than 15 Grams

Gilmer County Circuit Court Report – 06.23.14

The Gilmer Free Press

On Thursday, June 19, 2014 Chief Judge Jack Alsop held Court in Gilmer County.


•  He heard a fugitive from justice case, wherein Nancy Aviles had to act as interpreter in the matter.

Arturo Barba Juarez was wanted by the state of NY and authorities there have until 4:00 PM Monday, June 30, 2014 to pick him up or Central Regional Jail will release him from custody.

Juarez was represented by Christina Flanigan of Buckhannon and he waived extradition back to NY.


•  Two juvenile matters were heard and one was reset for Monday, September 08, 2014 at 10:30 AM and the other being set for Friday, July 25, 2014 at 2:00 PM.


•  State of West Virginia vs. Ginger Persinger

She was in Court for pre-trial motions and her trial remains on the docket for Tuesday, June 24, 2014.

She is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Michael Pumphrey

He was before the Court for plea, which Judge Alsop rejected as not being in the fair administration of justice and also denied him being released on a personal recognizance bond.

Pumphrey was represented by Christopher Pritt of Charleston.



On Monday, June 23, 2014 Judge Richard A. Facemire held his regular motion day in Gilmer County.


•  One fugitive from justice, Michael Stuckey, waived extradition back to Maryland.

He was represented by Christina Flanigan of Buckhannon and Maryland authorities have until 4:00 PM Wednesday, July 02, 2014 to pick him up or he will be released from Central Regional Jail.


•  State of West Virginia vs. Judy Gillespie

She was before the Court for sentencing after entering a plea in January to manufacturing a Schedule I controlled substance.

Judge Facemire sentenced her to 1-5 in the penitentiary but suspended the sentence and placed her on 5 years’ probation with the usual and customary court costs but no fine.

She also must pay $11.00 per month as a probation and community correction fee beginning Tuesday, August 05, 2014.

She was also represented by Christina Flanigan.


•  Five juvenile matters were heard and reset as follows:

Monday, September 22, 2014 at 9:00 AM, 9:05 AM, 9:10 AM, 9:15 AM and 9:20 AM


•  Two names changes were granted.


•  State of West Virginia vs. Jeremy Harris

He was before the Court once again for sentencing after having been returned by Anthony Correctional Center to the Central Regional Jail.

Judge Facemire sentenced him to 1-10 in the penitentiary with credit for time served.

Harris was represented by Clinton Bischoff of Summersville.


Judge Facemire will return to Gilmer County to open the July term of Court on Tuesday, July 08, 2014 at which time Grand Jury will be held and other matters will be heard.

Gilmer County Family Court Report – 06.18.14

The Gilmer Free Press

On Wednesday, June 18, 2014 Family Court Judge Larry Whited granted one divorce in Gilmer County:


•  Brian Pennebaker (40) of Troy, WV divorced Jane Pennebaker (40) of Strasburg, PA.

Federal Grand Jury Returns Indictments Involving Area Residents

The Gilmer Free Press

A Federal grand jury in Elkins returned involving area residents.

Roberto SOTO, age 51; Gregory PARDO, age 58; Antonio MARTINEZ-PORTA, age 38; and Ahmed JOHNSON, age 42, inmates at the Federal Correctional Institution at Gilmer, were named in a two-count Indictment charging them with conspiracy to commit assault with a dangerous weapon and assault with a dangerous weapon with intent to do bodily harm.

Each face up to 5 years in prison.

The case will be prosecuted by Assistant U.S. Attorney Brandon S. Flower and was investigated by the Special Investigative Services Unit at FCI Gilmer.


Clarence THOMPSON, age 35, of Clarksburg, West Virginia, was charged with being a felon in possession of a firearm.

THOMPSON, who has prior convictions for delivery of a controlled substance, uttering and burglary, is prohibited from possessing a firearm.

THOMPSON faces up to 10 years in prison.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The GARRETT and THOMPSON cases will be prosecuted by Assistant U.S. Attorney Shawn A. Morgan.


An indictment is merely an accusation each defendant is presumed innocent unless and until proven guilty.

Gilmer County Circuit Court Report – 06.13.14

The Gilmer Free Press

•  On Thursday, June 12, 2014 Judge Richard A. Facemire heard 2 juvenile matters in Gilmer County and reset them for Tuesday, July 08, 2014 at 10:00 AM.



On Friday, June 13, 2014 Chief Judge Jack Alsop appeared in Gilmer County to conduct 2 civil bench trials and hold a conference call.


•  Stonewall Jackson Memorial Hospital vs. Joshua Singleton

This case had a default judgment order entered in the matter after Singleton failed to appear for his bench trial.


•  Stonewall Jackson Memorial Hospital vs. Matthew Smith

This case had judgment entered against him in his case after he and plaintiff could not reach agreement on a payment plan.


•  After hearing a conference call in the case of DC Petroleum vs. Christopher Haymond et al

Judge Alsop discovered that one of the defendants have not yet been served, so no scheduling order could be entered in the matter.

He reset the matter for status hearing on Monday, September 08, 2014 at 10:15 AM.

Gilmer County Family Court Report – 06.11.14

The Gilmer Free Press

Family Court Judge Larry Whited heard several cases in Glenville t on Wednesday, June 11, 2014.

He continued 3 cases, set one case for a status conference, entered a final order in a modification proceeding, dismissed 3 cases, and granted 1 divorce as follows:


•  Ricky Radcliff (56) of Coxs Mills, WV divorced Helen F. Radcliff (61) of Linn, WV .


•  He also united David Brown and   Teresa Bell   in marriage.

Area Individuals Sentenced in Federal Court

The Gilmer Free Press

Eight individuals appeared before Chief Judge John Preston Bailey for sentencing, according to United States Attorney William J. Ihlenfeld, II.


Ricky Lee TOWNSEND, age 53, of Cox’s Mills, West Virginia, was sentenced to 100 months in prison and three years of supervised release for possession of materials used in the manufacture of methamphetamine.

The Court ordered that TOWNSEND’s sentence run concurrent with the Gilmer County state sentence he is currently serving on drug-related charges; therefore, TOWNSEND was remanded to state custody.

This case was investigated by the West Virginia State Police.


Ronald SNYDER, age 39, of Buckhannon, West Virginia, was sentenced to 24 months in prison and five years of supervised release for failure to update his sex offender registration.

The Court ordered that SNYDER’s sentence be served consecutively with the state sentence he is currently serving for the delivery of marijuana, and therefore SNYDER was remanded to state custody.

This case was prosecuted by Assistant U.S. Attorney Morgan and investigated by the United States Marshals Service and the West Virginia State Police.

Lewis County: Guilty Plea Entered in Murder of Infant

The Gilmer Free Press

A Harrison County man accused in Lewis County of murdering an infant has entered a plea.

Christopher Sheppard plead guilty in court Thursday morning and a sentencing hearing has been set for Thursday, August 14, 2014.

A jury selection was supposed to start Monday, but instead Sheppard told the court he wanted to enter a guilty plea.

Originally, the baby was thought to have fallen out of a sink while Sheppard was watching the 14-month-old a few years ago, the baby then hit his head and later passed away.

However, the State Medical Examiner’s Office says an autopsy showed the baby’s death was caused by physical assault.

Gilmer County Magistrate Court Report - 06.06.14

The Gilmer Free Press
Misdemeanor - Criminal Case(s):

Complainant Defendant Offense Date Warrant
Benton Huffman Terri L. Wimer Animal Cruelty 05.01.14 05.01.14
$500.00 Bond, 05.20.14 Plea of No Contest Entered. Fine $300.00. Court Cost $160.25 Restitution to Court for Upshur Veterinary Hospital $583.75
Benton Huffman Jovan Eugene Dyson

Animal Cruelty

05.01.14 05.01.14
Jeremy D. Jenkins Dasean A. Cheadle Battery 05.07.14 05.08.14
Bond: $3,500.00, Bond Reduced to 10% Cash, $350.00 Collected 05.09.14, Released from Jail
Glenville Sunoco Derek R. Minney Bad Check 05.08.14
$81.79
Glenville Sunoco Derek R. Minney Bad Check 05.08.14
$66.45
Glenville Sunoco D. Tyler Parrish Bad Check 05.08.14 05.14.14
$79.43, 05.14.14 Plea of Guilty Entered. Fine $10.00 Bank Service Charge $20.00 WCP $59.43 CC $160.25 * Total $249.68, 6 Months Payment Schedule
Cpl Matt Summers Curtis Nicholson Speeding 05.08.14 05.08.14
Cpl Matt Summers Curtis Nicholson No Insurance 05.08.14 05.08.14
TFC Fancis Baynor Rodney Palmer McCord Driving Suspended/Revoked Non-DUI 2nd Offense 05.09.14
Bond $5,000.00, 05.21.14 Plea of Guilty, $150.00 Fine + $160.25 Court Cost, 6 Month Payment Schedule, 30 Days Jail with Credit for Time Served
TFC Fancis Baynor Rodney Palmer McCord Possession Controlled Substance <15 Grams 05.08.14 05.09.14
Bond $5,000.00, 05.21.14 Plea of Guilty, $150.00 Fine + $160.25 Court Cost, 6 Month Payment Schedule, 30 Days Jail with Credit for Time Served
Benton Huffman Rodney Palmer McCord Driving Suspended MIS 8th Off 05.13.14 05.13.14
Bond $2,500.00, 05.21.14 Dismissed in Exchange for Guilty Plea to other Charges
Benton Huffman Rodney Palmer McCord Driving Suspended MIS 8th Off 05.13.14 05.13.14
Bond $2,500.00, 05.21.14 Dismissed in Exchange for Guilty Plea to other Charges
TPR. George H. Jones Michael Casteel Possession of Controlled Substance 05.19.14 05.20.14
Bond $,000.00
TPR. George H. Jones Michael Casteel Possession of Controlled Substance < 15 Grams
Bond $500.00
Jeremy D. Jenkins Rodney Palmer McCord Possession of Controlled Substance < 15 Grams 02.19.14 05.21.14
Bond $1,000.00, 05.21.14 Dismissed in Exchange for Guilty Plea to other Charges
R J Garrett Rodney Palmer McCord Possession of Controlled Substance < 15 Grams 05.02.14 05.21.14
Bond $1,000.00, 05.21.14 Plea of Guilty $25.00 Fine + $160.25 CC - 6 Month Payment Schedule - 30 Days Jail, Credit for Time Served.
PTLM Joey R. Garrett Kassie Melton Obstructing an officer 05.22.14 05.29.14
Bond $1,000.00
PTLM Joey R. Garrett Amber Bonhan Obstructing an officer 05.22.14 05.29.14
Bond $1,000.00
PTLM Joey R. Garrett Yumus Clinton Roberson III Battery 05.22.14 05.27.14
Bond $1,000.00
PTLM Joey R. Garrett Yumus Clinton Roberson III Assault 05.22.14 05.27.14
Bond $1,000.00
PTLM Joey R. Garrett Mary A. Hosey Assault 05.22.14 05.23.14
Bond $5,000.00
PTLM Joey R. Garrett Mary A. Hosey Battery 05.22.14 05.23.14
Bond $5,000.00
PTLM Joey R. Garrett Mary A. Hosey Obstructing an officer 05.22.14 05.23.14
Bond $5,000.00
PTLM Joey R. Garrett Jeffery Alan Mihelich Assault 05.11.14 05.27.14
Bond $1,500.00
PTLM Joey R. Garrett Jeffery Alan Mihelich Battery 05.22.14 05.27.14
Bond $1,500.00
PTLM Joey R. Garrett Jeffery Alan Mihelich Destruction of Property 05.22.14 05.27.14
Bond $1,500.00
Benton Huffman Ralph Alexander Calhoun Leaving the Scene 05.16.14 05.21.14
Bond $1,000,00
Benton Huffman Ralph Alexander Calhoun Failure to Report 05.16.14 05.21.14
Bond $1,000,00
Cason Jones Ralph Alexander Calhoun Possession < 15 Grams Cannabinoids 05.16.14 05.21.14
Bond $1,000,00
Jeremy D. Jenkins Spencer Alexander Dillon Battery 05.27.14 05.28.14
Bond $1,000,00
SGT M R Yost Brandi Diane Wilhelm Possession of Controlled Substance < 15 Grams 05.28.14 05.28.14
Bond $1,000,00
Deputy Mike Wheeler Kira Lynn Brown Destruction of Property 05.31.14 06.01.14
Bond $1,500,00
Deputy Mike Wheeler Kira Lynn Brown Domestic Assault 06.01.14 06.01.14
Bond $1,500,00
Deputy Mike Wheeler Kira Lynn Brown Obstructing An Officer 06.01.14 06.01.14
Bond $1,500,00
Benton Huffman Wesley A. Bailes Possession of Controlled Substance < 15 Grams 05.26.14 06.02.14
Bond $1,000,00



The Gilmer Free Press
WV State Police Citation(s):

Defendant Issued Charge(s)
Joshua M. Williams 05.19.14 Seal Belt Violation



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Aaron Chad Wright 05.21.14 Driving Suspended / Revoked Non-DUI
Christopher Yono 05.22.14 Possession of Controlled Substance Less than 15 Grams



City of Glenville Citation(s):
Defendant Issued Charge(s)
Joshua P. Winfield 05.29.14 Driving Suspended / Revoked Non-DUI - 2nd Offense - No Proof of Insurance

Gilmer County Circuit Court Report – 06.09.14

The Gilmer Free Press

•  On Tuesday, June 03, 2014 Chief Judge Jack Alsop heard and dismissed a juvenile matter in Gilmer County.



•  On Wednesday, June 04, 2014 he upheld the magistrate appeal filed by Harlin Campbell and ordered he pay the magistrate costs and $100.00 fine and also the Circuit Court costs upon his earlier conviction of domestic battery.

Campbell was represented by David Karickhoff of Sutton and the bench trial was completed by 9:35 AM.



On Thursday, June 05, 2014:

•  State of West Wirginia vs. Mose Chadwell

He was before the Court for entry of a plea.

Chadwell was represented by Bryan Hinkie of Buckhannon and entered a plea of guilty to count 2 of the indictment charging him with obtaining services under false pretenses.

The remaining counts of the indictment were dismissed and the probation officer must do a presentence investigation.

Sentencing will be Monday, August 11, 2014 at 9:20 AM.


•  One juvenile matter was heard and reset for 1:00 PM, Thursday, July 03, 2014.


•  On Friday, June 06, 2014 Chief Judge Alsop heard one juvenile matter in Gilmer County and reset it for Monday, August 11, 2014 at 9:30 AM.



On Monday, June 09, 2014 Chief Judge Jack Alsop held 14 juvenile hearings in Gilmer County and reset them as follows:

•  Monday, September 08, 2014 at 9:00, 9:10, 9:20, 9:25, 9:30, 9:40, 9:45 and 10:00 AM.

•  Thursday, June 19, 2014 at 9:00 AM.

•  Monday, August 11, 2014 at 9:40, 9:45 AM.

•  Dismissed one juvenile case and denied a motion in a final juvenile matter.

Gilmer County Family Court Report – 06.04.14

The Gilmer Free Press

On Wednesday, June 04, 2014 Family Court Judge Whited heard several matters in Glenville.


•  Temporary orders were entered in 2 cases and a guardian ad litem filed a response in another case.


•  Two other cases were on the docket with no orders entered yet in them.

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