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Gilmer County Circuit Court Report

The Free Press WV

On Monday, August 22, 2016 Judge Richard A. Facemire held motion day in Glenville.

He heard 4 fugitives from justice cases, with all 4 waiving to return to their states:

•  Joseph Eli waived to return to Virginia

•  Wilfredo Cheverro-Abrego (who had an interpreter) waived to return to Maryland

•  Michael Huff waived to return to Ohio

•  Robert Morris waived to return to Mississippi.

Authorities in their states have until 4 PM on Tuesday, August 30, 2016 to pick them up or Central Regional Jail will release them.

All 4 defendants were represented by Clinton Bischoff of Summersville.


•  Six juvenile matters were heard.


•  State of West Virginia vs. Austin Biro

He was before the Court for revocation of his probation and admitted to the same.

Judge Facemire sentenced him to 120 days in Central Regional Jail with DOC to bear the costs, and then he will be readmitted to probation and must reside with his grandmother and have a 9:30 PM curfew.

He was represented by Bryan Hinkle of Buckhannon.


•  One adoption was granted.


•  One guardian petition and one expungement petition were dismissed for failure to appear.


•  One expungement was granted.


•  State of West Virginia vs. Angel Hart

She was also before the Court for revocation of her probation and asked for a full blown adjudicatory hearing which was set for Tuesday, September 20, 2016 at 9:00 AM and she was admitted to home confinement in the meantime.

She was represented by Steve Nanners of Buckhannon.

Also the prosecuting attorney has until Friday, August 26, 2016 to file an amended petition with additional charges.


•  State of West Virginia vs. Charles Balliett

He was before the Court for reduction of bond, however the Judge modified his bond to either be $4,000.00 good and sufficient surety to be approved by the Clerk or to be on home confinement.

Later in the day his family retained B&B Bonding to post his bond.

He was represented by Christopher Moffatt of Charleston.

Gilmer County Family Court Report

The Free Press WV

On Wednesday, August 17, 2016 Family Court Judge Larry Whited heard matters in Gilmer County.


•  One divorce was granted between Carol White (25) of Clarksburg, WV divorced Jaden Chance Morgan (26) of Fairmont, WV.

Gilmer County Magistrate Court Report - July 2016

The Free Press WV
Magistrate Court of Gilmer County, West Virginia
Defendant Offense Disposition
Juvenile #1 Use or Possession of Tobacco by Person Under Eighteen Years Dismissed - Deferred Sentence
Reed, Jared E. Fleeing from Officer; Penalties: Definitions Dismissed - Deferred Sentence
Reed, Jared E. Reckless Driving Dismissed - Deferred Sentence
Toppings, Bobby Eugene No Proof of Insurance Guilty Plea
Nuzum, Berlin Austin Unauthorized Acts with Regard to Wildlife without License or Permit Dismissed - Deferred Sentence
Robinson, Patricia S. Loose Livestock: Pigs x 3 Dismissed - Deferred Sentence
Murphy, Tyler Allen Driving While License Suspended or Revoked Guilty Plea
Murphy, Tyler Allen No Insurance Guilty Plea
Miller, James Royce Forest Fire Seasons: Permits for Fire; Prohibited Fire; Closure of Forests Dismissed - Deferred Sentence
Frederick, Dana Gene Brandishing Deadly Weapons; Threatening or Causing Breach of the Peace; Criminal Penalties Dismissed - Deferred Sentence
Schollcraft, Seandrae L. Possession of Controlled Substance Dismissed - Deferred Sentence
Christman, James A. Operating or Attempt to Operate Clandestine Drug Laboratories Transferred to Circuit Court
Christman, James A. Conspiracy; Construction of Section; Penalties Transferred to Circuit Court
Smith, Danielle M. Conspiracy; Construction of Section; Penalties Transferred to Circuit Court
Smith, Danielle M. Operating or Attempt to Operate Clandestine Drug Laboratories Transferred to Circuit Court
Nicholson, Jessica Denise Conspiracy; Construction of Section; Penalties Transferred to Circuit Court
Nicholson, Jessica Denise Entry of Building Other Than Dwelling; Entry of Railroad, Traction, or Motorcar, Steamboat Transferred to Circuit Court
Henderson, Whitney Hope Grand Larceny; Penalties Transferred to Circuit Court
Wiant, Joey Distribution and Display to Minor of Obscene Matter; Penalties; Defenses Transferred to Circuit Court
Wiant, Joey Use of Obscene Matter with Intent to Seduce Minor Transferred to Circuit Court
Beall, Mark Lewis Driving Under the Influence w/ an Alcohol - Concentration in Blood >= .15 (Misdemeanor) Guilty Plea Agreement
Brewster, Michael Ethan Driving While License Revoked - DUI Guilty Plea
McVay, Jessica Lynn Domestic Assault - Unlawful Use of Force Capable of Causing Pain/Injury to Family or Household No Contest per Plea Agreement
Sandy, Anita Conspiracy; Construction of Section; Penalties Dismissed - Plea Agreement
Sandy, Anita Petit Larceny; Penalties Guilty - Plea Agreement
Gates Emily K. Driving Under the Influence w/ an Alcohol - Concentration in Blood < .15 (Misdemeanor) Dismissed
Gates Emily K. Battery on a Government Employee and/or Medical Personnel Proceedings Deferred
Donaldson Jr., James Franklin Reckless Driving Dismissed - Plea Agreement
Puffenbarger, Michael Anthony Domestic Assault - Unlawful Use of Force Capable of Causing Pain/Injury to Family or Household x 2 Guilty - Plea Agreement
Puffenbarger, Michael Anthony Interference, Prevention, or Deprivation of access to Emergency Services Dismissed - Plea Agreement
Henderson, Whitney Hope Unlawful Injury to or Destruction of Property Transferred to Circuit Court
Henderson, Whitney Hope Driving Under the Influence w/ an Alcohol - Concentration in Blood < .15 (Misdemeanor) Transferred to Circuit Court
Henderson, Whitney Hope Prohibited Acts B; Penalties (<15 grams Marijuana) Transferred to Circuit Court
Beall, Mark Lewis  or (j) (2nd Offense - Misdemeanor) Dismissed - Plea Agreement
Gregory, Heather Ann Possession of Controlled Substance Guilty Plea
Martin, George Harold No Proof of Insurance Dismissed - Proof of Insurance
Barrow, Crystal Lee Speeding No Contest/Nolo Contendre
Peters, Christopher Paul Child Passenger Safety Devices Required: Child Safety Seats and Booster Seats No Contest/Nolo Contendre
Peters, Christopher Paul No Seatbelt 10 Year Old (Backseat) No Contest/Nolo Contendre
Peters, Christopher Paul No Proof of Insurance Dismissed  - Plea Agreement
Peck, Nathan Eugene Passing in No-Passing Zone No Contest/Nolo Contendre
Yoho SR, Christopher Perry Driving Under the Influence of Controlled Substances or Drugs (Habitual User) Guilty - Plea Agreement
Yoho SR, Christopher Perry Reckless Driving Dismissed  - Plea Agreement
Donaldson Jr., James Franklin Driving Too Fast for Roadway Conditions No Contest per Plea Agreement
Lowe, Malisa Collette Speeding Guilty Plea
Beall, Mark Lewis Driving Under the Influence w/ an Alcohol - Concentration in Blood < .15 (Misdemeanor) Guilty - Plea Agreement
McCune, Jack David No Operators Carried Dismissed
Wickham, Timothy Scott Speeding Guilty Plea
Pringle III, Jack G. Possession < 15 Grans - Marijuana Guilty Plea
English, Nikki Possession < 15 Grans - Marijuana Guilty - Plea Agreement

Gilmer County Circuit Court Report

The Free Press WV

Chief Judge Jack Alsop presided over his regular monthly motion day in Gilmer County on Monday, August 08, 2016


•  He heard 5 juvenile cases.


•  One fugitive from justice, Chaz Hollingsworth waived to return to Texas.

He was represented by Kevin Hughart of Sissonville and authorities in TX have until 4 PM on Wednesday, August 17, 2016 to pick the defendant up or Central Regional Jail will release him.


•  Two criminal arraignments/hearings were held:


•  State of West Virginia vs. Jeremy Ward

He is represented by Timothy Gentilozzi was arraigned and also had a forfeiture hearing on his bond for failure to appear for arraignment.

After testimony was taken, it was revealed that his attorney had failed to notify him of the hearing, the Judge declined to forfeit the bond and reset it in the amount of $50,000.00.

He will have a pretrial on Friday, October 21, 2016 at 9:00 AM and he will be the first trial on Tuesday, November 01, 2016.


•  State of West Virginia vs. Kevin Curry

He was in Court with his attorney, Jeff Davis from Clay.

He entered not guilty pleas to his 2 count indictment and his pretrial if 9:30 AM on Friday October 21, 2016 and he will be the 2nd trial on Tuesday, November 01, 2016.

Message from Gilmer County Circuit Clerk

The Free Press WV

I have been out of the office after breaking my collarbone at a family reunion on July 9th.

Today [Friday] I have worked this afternoon and won’t be back in the office until I see my doctor again next week.

I trust my staff to assist everyone in my absence.

I feel blessed that it wasn’t worse although it’s very uncomfortable.

Love to all, Karen Elkin

Frontier Communications….

The Free Press WV
The Free Press WV
Frontier squandered $4.5M in federal funds by padding invoices, suit alleges

Frontier Communications’ engineers figured it would cost $72,000 to bring fiber-optic internet service to Central Preston Middle School in Kingwood, one of nearly 200 schools selected six years ago to receive a broadband upgrade in West Virginia.

But Frontier later submitted an invoice to the state for nearly $304,000 — four times the estimated cost. West Virginia officials approved the extra expenses and paid Frontier with federal stimulus grant money.
inRead invented by Teads

The primary reason for the inflated price tag: Frontier added an $187,000 “loading” fee to its invoice.

A federal lawsuit unsealed last week alleges that Frontier padded 365 such invoices with loading fees that totaled $4.5 million — part of a scheme to drain unused stimulus funds that could have been steered to Frontier’s competitors and help expand high-speed internet across West Virginia.
On its invoices, Frontier defines loading fees as “indirect costs such as vehicles, accounting, administration, etc.”

In 2010, the federal government awarded West Virginia $126.3 million in stimulus funds to expand high-speed internet to schools, libraries, health clinics and government buildings.

As the project got up and running two years later, former broadband Project Director Lt. Col. Mike Todorovich issued a memo saying Frontier and other vendors wouldn’t be paid for administrative costs.

Federal stimulus grant rules prohibited state officials from paying Frontier for such costs, according to the lawsuit filed under the False Claims Act by Citynet, a Frontier competitor.

“Indirect costs may not be reimbursed,” Todorovich wrote in February 2012.

An October 2010 agreement signed by then-Gov. Joe Manchin’s office seems to contradict Todorovich’s directive. The “memorandum of understanding” allowed the state to reimburse Frontier for “overhead costs” during the broadband project.

The memo indicates the company “may” bill for the extra costs on separate invoices. Frontier combined regular project costs — things like expenses for fiber cable — and overhead fees on the same invoice.

Todorovich’s superiors also apparently didn’t support his tight lid on the stimulus funds.

“Initially, state Homeland Security Director Jimmy Gianato requested that Col. Todorovich create a ‘bucket of money’ that could be accessed by the state at any moment with no oversight or pre-approval to obtain the funds,” according to the lawsuit. “Col. Todorovich refused to allow the [stimulus funds] to be accessed unless it was to pay for construction already completed.”

In any case, the prohibition against reimbursing Frontier for administrative costs didn’t last long.

The state’s chief technology officer, Gale Given, started approving Frontier’s loading charges in August 2012, a month after Gov. Earl Ray Tomblin hired her, according to the lawsuit.
Frontier submitted one invoice with a loading fee before Given, a former Verizon executive, was hired, according to the lawsuit. Afterward, all Frontier invoices contained the extra administrative expense.

Given, through a technology office spokeswoman, declined comment last week. Frontier and Citynet executives also would not comment.

In many cases, Frontier’s indirect-cost fee was higher than the estimated price for bringing high-speed internet to a particular site. Some examples:

An internet fiber project at a state planning and economic development agency in West Virginia’s Eastern Panhandle was expected to cost $3,400. Frontier charged $9,000 for administrative fees alone.

Bringing fiber to the Eastern Regional Jail was supposed to cost $5,100. Frontier’s loading fee was $8,300 on that project.

In Preston County, the loading fee was “259 percent of the actual cost of the project” to bring fiber to the middle school, according to the invoice Frontier submitted to the state.
Citynet’s lawsuit also takes issue with Frontier’s later decision to tack a $1,800 processing fee onto each invoice that paid Frontier for fiber work inside state facilities. A Frontier engineer claimed it took 16 Frontier employees a combined four hours to process each invoice, according to a memo included with the lawsuit.

Frontier’s processing fees — inserted into 327 invoices — totaled $593,000. Given approved the invoices.

Citynet alleges that Frontier padded its invoices as part of a fraudulent scheme to exhaust stimulus funds.

The state had set aside $42 million of stimulus funds to build 1,800 miles of fiber, but it reduced that mileage to 915 miles after discovering many schools set to receive fiber already had it.

“Since Frontier had already determined it could build the 915 miles of fiber for approximately $22.7 million, it and the state realized there would be a surplus of $20 million or more in funds that could be awarded to Frontier’s competitors,” the lawsuit claims.

The state wound up paying Frontier $40.5 million for fiber construction. But Frontier built only 675 miles of fiber. The statewide project was completed two years ago.

Citynet filed its lawsuit against Frontier under the False Claims Act in 2014, but the complaint remained under seal until last week. Citynet wanted the federal government to intervene in the case, but the U.S. Justice Department declined to join the lawsuit.

~~  Eric Eyre ~~

Gilmer County Circuit Court Report

The Free Press WV

On Thursday, July 07, 2016 Judge Richard A. Facemire opened his July 2016 term of Court in Gilmer County.

He appeared by video conferencing due to a death in the family so he remained in Braxton County with all other participants being in Gilmer County.


•  The criminal docket was called and Gerald Hough, Gilmer County prosecuting attorney moved to renew all the bench warrants in 22 cases.


•  Twelve juvenile matters were heard and 4 juvenile cases were dismissed.


•  In the case of State of West Virginia vs. Kristopher Speas, Judge Facemire reduced his bond to $5000.00 on one charge and the other charge to $10,000.00 plus he must be on home confinement.

He was represented by Kevin Hughart’s office in Sissonville.


•  Judge Facemire returned to Gilmer County Tuesday, July 12, 2016 and indoctrinated the petit/magistrate jurors.

He also hear an injunction in a case between Kirk & Debra Ellyson vs. Larry Gerwig, Gilmer County Sheriff.


•  On Monday, July 11, 2016 Chief Judge Jack Alsop held his regular monthly motion day and arraign the persons who were indicted on June 03, 2016.

Gilmer County Magistrate Court Report

The Free Press WV
Magistrate Court of Gilmer County, West Virginia
Defendant Offense Disposition
Lewis, Carl Fugitive from Justice Dismissed
Pecci, Stefano C. Prohibited Acts: Manufacture (Schedule I, II, and III) Transferred to Circuit Court
Balliet III, Charles Blair Prohibited Acts: Manufacture (Schedule I, II, and III) Transferred to Circuit Court
Curry, Kevin Ray Obtaining Money, Property by False Pretenses; Penalties (Larceny) Transferred to Circuit Court
Curry, Kevin Ray Conspiracy, Construction of Section: Penalties Transferred to Circuit Court
Carr, Dale A. Prohibited Acts: Manufacture (Schedule I, II, and III) Transferred to Circuit Court
Carr, Dale A. Conspiracy, Construction of Section: Penalties Transferred to Circuit Court
McCourt Jr., Ralph J. Conspiracy, Construction of Section: Penalties Transferred to Circuit Court
McCourt Jr., Ralph J. Prohibited Acts: Manufacture (Schedule I, II, and III) Transferred to Circuit Court
Speas, Kristopher A. Conspiracy, Construction of Section: Penalties Transferred to Circuit Court
Wagoner Sharlet R. No Proof of Insurance No Contest Plea / Nolo Contendre
Cason, Daylon Condition Discharge for First Offense of Possession Dismissed - Deferred Sentence
Balliet III, Charles Blair 2 x Possession Controlled Substance Transferred to Circuit Court
Shaffer, Geoffrey Allen Possession Controlled Substance Transferred to Circuit Court
Richards, Alicia Dawn Brandishing Deadly Weapons, Threatening or Causing Breach of the Peace, Criminal Penalties Dismissed
Richards, Alicia Dawn Domestic Assault - Unlawful Use of Force Capable of Causing Pain / Injury to Family or Household Dismissed
Cain, Devin Edwards Driving While License Revoke - DUI Dismissed - Deferred Sentence
Delligatti, Jerry Alan Driving While License Revoke - General Guilty Plea
Shepherd, Danielle L. Petit Larcency; Penalties Proceedings Deferred
Shepherd, Danielle L. Assault; Using Force or Committing Act Placing Another in Apprehension of Receipt of Pain Proceedings Deferred
McCord, Rebecca Domestic Assault - Unlawful Use of Force Capable of Causing Pain / Injury to Family or Household Dismissed
Warren, Sharyce Lynna Domestic Assault - Unlawful Use of Force Capable of Causing Pain / Injury to Family or Household Dismissed - Joint Motion
Adkins II, Gerald Alamn Possession Controlled Substance No Contest Plea / Nolo Contendre
Petit, Kathy L. No Vehicle Insurance Dismissed
Junkins, Faith Ann No Vehicle Insurance Guilty-Plea Agreement
McCourt Jr., Ralph J. Fleeing from Officer Guilty-Plea Agreement
McCourt Jr., Ralph J. 2 x Possession Controlled Substance Guilty-Plea Agreement
Carr, Dale A. Possession Controlled Substance Transferred to Circuit Court
Walsh, Lucas Raymond Speeding Guilty-Plea Agreement
Proctor, Brandi Renea Drivers Must Be Licensed; Motorcycle License; State ID Guilty Pleas
Proctor, Brandi Renea No Proof of Insurance Dismissed
Tallhammer Shelba Speeding Guilty Pleas
Peery, Matthew Crockett Unlawful Use of License or Non-Operator’s Identification (General) Guilty Plea
Fisher, Elizabeth Jane No Proof of Insurance Dismissed - Proof of Insurance
Fowler, Sean Matthew No  Proof of Insurance Dismissed - Proof of Insurance
Wagoner, Sharlet R. Driving While License Suspended or Revoked (General) No Contest Plea / Nolo Contendre
Wine, Brandy M. Driving Under the Influence w/ an Alcohol Concentration in Blood < .15 (Misdemeanor) Guilty Plea
Wine, Brandy M. Driving While License Suspended or Revoked (General) Guilty-Plea Agreement
Sprouse, Isaac James Speeding No Contest Plea / Nolo Contendre
Hall, Jason B. Certificate of Insurance Dismissed - Proof of Insurance
Powers, Sherri Diane Conspiracy; Construction of Section: Penalties Dismissed - Proof of Insurance
Powers, Sherri Diane Petit Larceny; Penalties Guilty Plea
Junkins Michael James Driving Too Fast for Roadway Conditions No Contest Plea / Nolo Contendre
Junkins Michael James Certificate of Insurance Dismissed - Proof of Insurance
Evans, Kevin L. No Proof of Insurance Dismissed - Proof of Insurance
McCray, William Joe Speeding Guilty Plea
Smathers, Frank J. Littering No Contest Plea / Nolo Contendre
Warren, Sharyce Lynna Unlawful Injury to or Destruction of Property Guilty Plea
Brown, Michael T. Littering No Contest Plea / Nolo Contendre
Hoosier, Stephanie L. 3 x Making, Issuing Worthless Checks Guilty Plea

Gilmer County Circuit Court Report

The Free Press WV

On Wednesday, June 15, 2016 Chief Judge Jack Alsop held Court in Gilmer County.


•  Not enough jurors were available for a criminal trial so the jury was excused to call back on Tuesday, June 21, 2016 regarding a trial on Wednesday, June 22, 2016.


•  He also heard a juvenile matter.


•  On Wednesday, June 22, 2016 the civil trial was continued and the March 2016 term of petit/magistrate jurors were excused.




On Monday, June 27, 2016 Judge Richard A. Facemire held Court.


•  Two fugitives from justice were before the court, namely:

1) Lester Liviskie from Ohio.

2) Dwayne Haywood from Maryland.

Both were represented by Shelly DeMarino of Glenville and waived to return to their respective states.

Authorities in those states have until 4:00 PM, Thursday, July 07, 2016 to pick them up at Central Regional Jail or they will be released.


•  State of West Virginia vs. Andrew Taylor

He was sentenced to 1-5 in the penitentiary for conspiracy and 6 months in Central Regional Jail for misdemeanor possession with sentences to run concurrently.

Both sentences were suspended and he was placed on 5 years probation and must reside with his mother.

He must obtain full time employment and perform 150 hours community service plus abide by a 9:30 curfew.

He must complete and outpatient substance abuse program through our local mental health facility, attend NA and AA classes and a parenting class.

He must pay court cost and child support and speak at schools regarding his crimes.

He was represented by Christopher Moffatt of Charleston.


•  One juvenile matter was continued.


•  One guardianship was granted.


•  One expungement was denied.

Gilmer County Magistrate Court Report

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

Federal Court Backs FCC’s Treatment of Internet as Utility

The Free Press WV

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

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

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

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

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

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

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

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

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

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

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

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

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

Gilmer County Circuit Court Report

The Free Press WV

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


•  He heard 9 juveniles.


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

Hughes was represented by local attorney Shelly DeMarino.


•  One expungement was granted.


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


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

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

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


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

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