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Gilmer County Circuit Court Report

The Gilmer Free Press

On Thursday, June 18, 2015 Judge Jack Alsop heard 2 civil matters, cancelled one magistrate appeal and reset it for Thursday, July 09, 2015 at 1:15 PM due to the death of Florence’s mother-in-law.


•  One bench trial was resolved between Lori Short and William Stalnaker with an agreement being reached wherein Stalnaker was granted a 25 foot easement across Short’s property and must reasonably maintain the same as well as have it surveyed at his expense.

Both sides will jointly petition the Department Of Highways to abandon the road she is currently using as her right-of-way to the property.

Stalnaker will replace the gas line he removed from her property and give her free gas rights for 25 years or her lifetime, whichever is longer.

If either side desires to sell their property they must give the other party first refusal.

Stalnaker will also do a quit claim deed for the small strip of land between the 2 properties to make Short’s one parcel.




Monday, June 22, 2015 was a BUSY day in Gilmer County Circuit Court with Chief Judge Richard A. Facemire working until 12:30 PM before leaving to return to Braxton County.


•  One fugitive from justice, Ronald Nelson, voluntarily waived to return to Michigan.

Authorities have until 4 PM on Tuesday, June 30, 2015 to pick him up at Central Regional Jail or he will be released.

Nelson was represented by local attorney David Karickhoff.


•  Seven juvenile matters were heard.


Several criminal matters as follows:

•  Christina Marks was sentenced 1-5 years in the penitentiary after pleading to conspiracy earlier.

Her sentence was suspended and she was placed on1 years home confinement to be followed by 5 years probation.

She must get full time employment and do 150 hours community service per year.

She must enroll in a long term or out patient drug treatment facility and pay court costs within 18 months.

She was represented by Bryan Hinkle of Buckhannon.


•  Desirae Miller was sentenced to 6 months in Central Regional Jail and it was suspended and she was placed on 3 years probation.

She has a 9:30 PM curfew, must get full time employment or be enrolled as a full time student.

She must perform 75 hours of community service per year and pay $11.00 to Circuit Clerk every month as probation fee.

She must reside with her mother and enroll in outpatient substance abuse.

Hinkle also was her attorney.


•  Kyle Britner was sentenced 1-5 in the penitentiary with sentence being suspended and placed on 5 years probation.

He must perform 150 hours of community service per year and maintain full time employment or enroll in school.

He must also pay the $11.00 fee each month to the clerk and pay court costs within 18 months.

He may also try to enter the military and the Judge will consider releasing him from probation.

He was represented by Clinton Bischoff of Summersville.


•  Jeremy Harris appeared by video conference and was represented by Bischoff and the prosecutor’s office must recalculate his sentence.


•  Clayton McCune was represented by Hinkle and was sentenced to 1-5 years in the penitentiary for unlawful assault and 12 months in Central Regional ail for misdemeanor domestic battery with sentences to run consecutively.

However, his sentences were suspended and he was placed on 1 year home confinement with 5 years probation thereafter.

He must perform 150 hours community service and pay child support and be employed full time.

He must pay the $11.00 monthly to the Clerk and will have a 9:30 curfew and must enroll in substance abuse and domestic violence programs.


•  Joe Williams III was sentenced to 1-5 years in the penitentiary and probation and home confinement were denied.

He was given credit for time served and must pay court costs. He was represented by Karickhoff.


•  Jeremy Askew will have his case presented to the July 2015 grand jury.

He was represented by Bryan Hinkle.


•  Lisa Sutphin who was represented by Clinton Bischoff asked for reconsideration of her sentenced she received in February, which motion Judge Facemire denied.


•  Two name change petitions were granted.

Gilmer County Familt Court Report

The Gilmer Free Press

On Wednesday, June 17, 2015 Gilmer County Family Court Judge:


•  Dismissed one domestic violence petition.


•  In a divorce case the guardian ad litem, Michael Asbury Jr. Filed an answer on behalf of Andrew Taylor who is incarcerated.

U.S. SUPREME COURT UPHOLDS CITIZENS’ FIRST AMENDMENT RIGHTS

The Gilmer Free Press

CHARLESTON, WV – Attorney General Patrick Morrisey issued the following statement today applauding this morning’s unanimous U.S. Supreme Court decision which held that the First Amendment protects a church’s right to post a sign advertising its services.

“West Virginia and other states believe this is an important decision protecting freedom of speech and religion,” Attorney General Morrisey said. “Now it is clear that the government does not have the authority to systematically favor messages based on what they say.”

In September, West Virginia led nine other states in an amicus, or friend of the court, brief asking the U.S. Supreme Court to overturn a lower court’s ruling that upheld a sign ordinance passed by the town of Gilbert, Arizona. The ordinance placed size limitations on signs put up by churches and nonprofit groups, but did not impose similar restrictions on other signs, including political signs.  A local church, Good News Community Church, and its pastor, Clyde Reed, filed the lawsuit against the ordinance.

“Our Office is pleased the U.S. Supreme Court today ruled that the government cannot pick and choose which messages citizens may post on signs,” Morrisey said. “Citizens have the right to decide what messages they want to share, and the government cannot permit signs for only topics and speakers that the government likes.”

Gilbert’s ordinance restricted signs promoting the events, meetings or activities of nonprofit groups, including local churches, while it broadly permitted any political or ideological signs.  For example, political signs could be up to 32 square feet in size, displayed for many months and in unlimited number.  An ideological sign could be up to 20 square feet, and also displayed indefinitely and in unlimited number.  However, a church’s signs could only be six square feet and be displayed for no more than 14 hours with a limit of four per property.

“This case raised important doctrinal questions about the proper standards and level of scrutiny for laws that discriminate on the basis of the content of speech,” Morrisey said. “This is a strong decision that will help protect free speech in many contexts beyond sign ordinances.”

The amicus brief was signed by attorneys general from the states of West Virginia, Georgia, Kansas, Michigan, Montana, Nebraska, Oklahoma, South Carolina, Texas, and Utah.

For a copy of the brief click H E R E.

Supreme Court Allows Use of Child Abuse Evidence

The Gilmer Free Press

WASHINGTON, D.C. — Statements that children make to teachers about possible abuse can be used as evidence, even if the child does not testify in court, the Supreme Court ruled unanimously on Thursday.

The ruling is expected to make it easier for prosecutors to convict people accused of domestic violence. The justices said that defendants don’t have a constitutional right to cross-examine child accusers unless their statements to school officials were made for the primary purpose of creating evidence for prosecution.

The case involves Darius Clark, a Cleveland man convicted of beating his girlfriend’s 3-year-old son. Clark says the trial court denied him the constitutional right to confront his accuser when it said the boy didn’t have to testify, but still considered statements he made to preschool teachers describing abuse.

The Supreme Court reversed a lower court and upheld Clark’s conviction.

The court’s ruling resolves a split among lower courts about the role played by teachers, social workers and others who have a legal duty to report suspected child abuse that they notice in the course of their work. Ohio’s highest court had ruled that the duty to report abuse effectively turned teachers into agents of the state for law enforcement purposes, even though no police were initially involved.

Writing for the court, Justice Samuel Alito said the fact that teachers have a legal duty to report child abuse suspicions to authorities does not transform a conversation between a concerned teacher and a student into a law enforcement mission aimed at gathering evidence for prosecution.

“Their questions and (the child’s) answers were primarily aimed at identifying and ending the threat,“ Alito said. It was nothing like “formalized station-house questioning” or police interrogation.

Alito added that it is “extremely unlikely” that a 3-year-old child would intend his statements as a substitute for trial testimony.

The case began in 2010 when preschool teachers at a Head Start program asked the boy about bruises and welts they saw around his left eye. Asked who caused the injuries, the boy said “Dee,“ referring to Clark.

Clark was later indicted, and the court allowed the teachers to testify at trial about statements the boy made identifying Clark. The boy was deemed “incompetent” to testify. Clark was convicted of felonious assault and child endangering.

A state appeals court overturned Clark’s conviction and the Ohio Supreme Court affirmed, ruling that teachers who are legally bound to report possible cases of abuse are in the same position as law enforcement officials when they question children.

Rejecting that view, Alito said the teachers’ “pressing concern was to protect (the child) and remove him from harm’s way.“

Forty-two states filed a brief supporting Ohio. They argue that excluding from evidence the statements children make to teachers, counselors and others who must report abuse will only protect abusers and impair the ability of states to protect children.

The National Association of Criminal Defense Lawyers submitted a brief arguing that children are susceptible to suggestion and giving unreliable testimony. The group said defendants have a constitutional right to cross examine witnesses, even when they are children.

Settlement Reached in Civil Rights Suit against Former Barbour Sheriff

The Gilmer Free Press    The Gilmer Free Press

Elkins, WV - A Barbour County woman’s lawsuit alleging while she was a teenager was coaxed into a sexual relationship by the former sheriff has come to a close.

Yesterday, trial was to begin in the case of Brittany Mae Keene v. John Wesley Hawkins, and the Barbour County Commission.  However, U.S. District Judge John Preston Bailey on Monday entered an order dismissing it after receiving word Keene, 21, and Hawkins,49, mediated a tentative settlement.
Records show Keene agreed to voluntarily dismiss the Commission from the suit on Friday.

Telephone calls to both Keene’s, and Hawkins’ attorneys, Paul Harris, and Harry Smith III, inquiring about the terms of the settlement were not immediately returned.  Keith Gamble, attorney for the Commission, replied via email Tuesday noting Friday’s voluntary dismissal.

When asked if the Commission would still be required to disclose the terms since Hawkins was sued in his official capacity, and the county’s insurance carrier was footing the bill, Gamble replied “not necessarily,” and referred further questions to Smith.

In her complaint filed nearly two years ago, Keene alleged Hawkins began a series of conversations with her via Facebook in late July or early August 2011.  At the time, she was 17 years-old, and he was in his first term as sheriff.

About that time, Keene alleged Hawkins lured her to a camper at the county fairgrounds under the pretext of interviewing her for a job at county 911 center.  After entering the camper, she claims Hawkins offered her alcohol to drink.

When she attempted to leave, Keene claimed Hawkins pulled her back into the camper where he handcuffed her, stuffed a bandana into her mouth, and sexually assaulted her.  Both after the encounter, and via subsequent text messages, Keene alleged Hawkins threatened to kill her if she spoke publicly about what happened.

However, Keene filed a domestic violence protective order against Hawkins on May 11, 2012. A week before a scheduled hearing on her petition, Keene was indicted by the Barbour County grand jury for receiving stolen property.

Though it was later dismissed, Keene alleged the indictment was brought as a form of retaliation for filing her domestic violence petition. 

In her suit, Keene alleged she was not the only victim of Hawkins’ “deviant sexual behavior.”  She claimed to have knowledge of at least five other women raging from 16- to 19-years old, Hawkins had sex with either while on duty or on county property.

Records show a trial date was rescheduled twice, the second time in February to accommodate Hawkins’ release from prison following his conviction on an unrelated mail fraud charge.

According to indictment brought against him via information by U.S. Attorney William J. Ihlenfeld II on February 11, 2014, Hawkins ten months earlier wrecked a 2004 GMC Envoy owned by his wife at a farm on Jerusalem Church Road in Philippi he, and one of his deputies used to raise cattle.  Following the wreck, Hawkins instructed the deputy, whose name is not specified in the indictment, to misstate how, and where the wreck occurred.

After filing a claim with them, the indictment states Nationwide sent GMC Financial, who had a lien on the truck, one check for $8,167.25 on April 15, 2012, and another for $95.40 on June 10.

An indictment via information is where a defendant waives his right to have his case presented to the grand jury, and intends to pled guilty.

At the time of his indictment, Hawkins was in his second term as sheriff.  He was re-elected in 2012 with no opposition.

Records show that exchange for pleading guilty, resigning as sheriff, surrendering his law enforcement certification and agreeing never to serve in an law enforcement capacity again, U.S. Attorney’s Office agreed it would not prosecute Hawkins for charges stemming from an investigation into his mismanagement of an estate, and funds from the Sheriff’s tax office.

Last June, Bailey sentenced Hawkins to one year, and a day in prison followed by three years supervised probation.  In addition to a $100 special assessment, Hawkins was ordered to make full restitution to GMC Financial.

Records show Hawkins paid the assessment the day of his sentencing, and $2,000 toward the restitution a week later.

The following July, Hawkins was ordered by the U.S. Bureau of Prisons to serve his sentence at the Federal Corrections Institution in Memphis, Tenn.  Records show he was released on May 28.

U.S. District Court for the Northern District of West Virginia, case numbers 13-cv-49 (Keene civil) and 14-cr-11 (Hawkins criminal)

~~  Lawrence J. Smith ~~

06.17.2015
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~~~ Readers' Comments ~~~

Gilmer County needs investigative reporting on the “unsolved” murders, will settlements, rapes that go unprosecuted.

By CJ  on  06.17.2015

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Gilmer County Circuit court Report - 06.08.15

The Gilmer Free Press

On Friday, June 05, 2015 Chief Judge Richard A. Facemire held Court in Gilmer County.


Four fugitives from justice, all represented by David Karickhoff of Sutton, waived to return to their respective states as follows:

1) Anthony Martinez waived to return to New York;

2) Marcus Howard waived to return to Virginia;

3) Damion Blaylock waived to return to Ohio; and

4) Tariq Muhamad waived to return to Pennsylvania.

Authorities in those states have until 4 PM Wednesday, June 17, 2015 to pick these inmates up at Central Regional Jail or they will be released from custody.


•  One juvenile hearing was reset for Friday, July 10, 2015 at 9:00 AM with the Wednesday, July 01, 2015 hearing in the case being cancelled.


•  Also one civil matter involving Keith Arbogast vs. Magistrate Wolfe and Prosecuting Attorney Gerald B. Hough was before the Court and after hearing the preliminary hearing was not scheduled within the 20 days as required.

Judge Facemire dismissed the magistrate criminal case and released Mr. Arbogast’s bond.

He also quashed all subpoenas issued for the office and staff of Grindo but denied sanctions against Hough that plaintiff’s attorney, Daniel Grindo had argued for.




On Monday June 08, 2015 Judge Jack Alsop set the docket for the July term of Court before conducting his regular monthly motion day.


•  The only criminal case set was State of West Virginia vs. Dwight Bullough

He is represented by Daniel Grindo of Gassaway and it will be set for docket call Thursday, July 09, 2015 with trial to be set at a later date.


•  Grand Jury will be held Tuesday, July 07, 2015.


•  Criminal Docket Call will be 9:00 AM Thursday, July 09, 2015.


•  Juvenile status conferences will be held at 11:30 on Thursday, July 09, 2015 also.


•  Tuesday, July 14, 2015 will be arraignment and plea day.


•  Wednesday, July 15, 2015 will be petit/magistrate jury indoctrination.


•  Status hearings will be heard as follows in these cases:

1) July 09, 2015 at 9:00 AM Charles Emerson vs. David Ballard (Warden)

2) July 09, 2015 at 9:10 AM Rosendo Contreras vs. David Ballard (Warden)

3) July 09, 2015 at 9:20 AM Kenneth McCord vs. David Ballard (Warden)

4) July 09, 2015 at 9:30 AM Karen Burns vs. State of West Virginia

5) July 09, 2015 at 9:40 AM Mary Starcher vs. State of West Virginia

and

1) July 07, 2015 at 10:00 AM Credit Acceptance Corp. vs. Roy D. Wiant Jr.

2) July 07, 2015 at 10:10 AM Debra Swick vs. J.W. Ebert Corp.

3) July 07, 2015 at 10:20 AM Michael J. Wheeler vs. William F. Foster

4) July 07, 2015 at 10:30 AM GMH Gas Co. Inc. et al vs. William Cottrill

5) July 07, 2015 at 10:40 AM Stonewall Jackson Memorial vs. Elizabeth Mongold

6) July 07, 2015 at 10:50 AM Travis Wells, et al vs. State Farm Mutual Auto Ins. Co.

7) July 07, 2015 at 11:00 AM Brenda Lawson vs. Gilmer County PSD

8) July 07, 2015 at 11:10 AM Van Ramsey II vs. Van Ramsey Sr.

9) July 07, 2015 at 11:20 AM Stonewall Jackson Memorial vs. Roger Dean Fisher

10) July 07, 2015 at 11:30 AM Stonewall Jackson Memorial vs. Rosa Lee Lee


•  Judge Alsop set the bench trial of a magistrate appeal involving Matthew Butcher (attorney David Karickhoff) vs. State of West Virginia (special prosecutor Shannon Johnson) for 1:00 PM Friday, July 24, 2015.


•  Fifteen juvenile matters were heard.


•  DC Petroleum Inc. vs. Christopher Haymond, et al

The case set for a show cause hearing had arguments given by both sides and Judge Alsop gave the defendants until Wednesday, July 08, 2015 to submit a settlement agreement and complete the case or he will schedule it for an evidentiary hearing and start assessing attorney fees.


•  One guardianship petition was finalized.

06.10.2015
CommunityGilmer CountyGlenvilleNewsCourthouseRegion(1) Comments

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~~~ Readers' Comments ~~~

Whoa… just a minute there. 

“Judge Facemire dismissed the magistrate criminal case and released Mr. Arbogast’s bond.

He also quashed all subpoenas issued for the office and staff of Grindo but denied sanctions against Hough that plaintiff’s attorney, Daniel Grindo had argued for”

Just a small little snipped in the news, but it surely would be interesting to know more details.  Request sanctions against PA Hough denied by Judge Facemire.  Interesting.

By what??  on  06.10.2015

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Gilmer County Family Court Report - 05.27.15

The Gilmer Free Press

Gilmer County Family Court Judge Larry Whited was is Gilmer County on Wednesday, May 27, 2015.


He heard 6 cases:

•  Two modifications were heard and granted, one relocation report was filed.


Three divorces were granted between:

•  Cammie Yoho (50) of Glenville, WV divorced Christopher Perry Yoho (49) of Sand Fork, WV.


•  Frederick Wilson (33) of Cox’s Mills, WV divorced Jennifer Wilson (36) of Troy, WV.


•  Rachelle Doty (37) of Rosedale, WV divorced Richard Doty II (44) of New Martinsville, WV.

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 ~~

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