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Gilmer County Circuit Court Report - 11.14.14

The Gilmer Free Press

On Wednesday, November 12, 2014 Chief Judge Jack Alsop indoctrinated the petit/magistrate jurors.

Three jurors failed to appear after being summoned by the clerk.

Judge Alsop directed a summons be issued and served by the Sheriff for them to appear at 9:00 AM. Thursday, November 13, 2014 to show cause why they failed to appear.


At 9:35 AM a jury trial in the case of

•  State of West Virginia vs. Dwight Bullough

began with the clerk giving the preliminary oath to the petit jurors.

After individual voir dire of jurors and the attorneys making their strikes the trial began at 11:05 AM.

The state by her prosecutor gave the opening statement and at 11:15 AM the first witness was called to testify.

After the 2nd witness testified Alsop excused the jury for their lunch hour at 11:55 AM and at 1:00 PM they reported back and the third witness testified.

After the 4th witness testified the state rested its case at 1:35 PM.

After a recess the defense called 2 witnesses and rested at 2:16 PM and a recess was taken while matters were taken up outside the presence of the jury.

At 2:33 PM the Judge read the instructions and charge to the jury and at 2:50 closing arguments began.

At 3:05 PM the jury went to their jury room to deliberate and at 4:18 PM they returned to the Court room with a question.

After further deliberation and being unable to reach a verdict the Judge declared a mistrial at 5:30 PM.


On Thursday, November 13, 2014 the trial of

•  State of West Virginia vs. Kimberly Demastus

was scheduled for trial but at 9:15 AM the Judge excused and the jurors except the 3 who had failed to appear on Wednesday and ordered them to call the recording after 4:00 PM on Friday to see when to report back for further service.

Then he inquired of the 3 jurors why they had failed to appear and chose not to hold them in contempt or fine them, but ordered them to be sure they reported as directed by the clerk in the future.


•  State of West Virginia vs. Demastus

She entered a Kennedy plea or “no contest” plea to 1 count of her 5 count indictment with Hough, the prosecutor electing to dismiss the remaining 4 counts.

Judge Alsop ordered a presentence investigation by Mike Haley, Gilmer County Probation Officer, and set sentencing for Monday, January 12, 2015 at 9:50 AM.


•  Four juvenile matters were heard.


•  State of West Virginia vs. Christopher Debarr

He was before the Court for arraignment and entered not guilty pleas to his 2 count indictment.

His bond was reduced to $10,000.00 good and sufficient surety to be approved the clerk and home confinement with electronic monitoring and he must reside with his father if released.

He will have a pretrial hearing Friday, January 23, 2015 at 1:30 PM and his trial is set for Wednesday, February 11, 2015 at 9:00 AM.

He is represented by Christopher Moffatt of Charleston.


•  State of West Virginiavs. James Randall Bailey

He was before the Court, also represented by Moffatt and entered a plea of guilty to delivery of a Schedule III controlled substance.

Sentencing will be Monday, January 12, 2015 at 10:00 AM.



On Friday, November 14, 2014 Judge Richard A. Facemireheld his monthly motion day in Gilmer County.


•  A fugitive from justice, namely Michael Wayne McBride waived extradition back to the state of Virginia.

He was represented by Christopher Moffatt of Charleston and authorities in VA have until 4 PM Tuesday, November 25, 2014 to pick defendant up or Central Regional Jail will release him.


Four pleas were taken and set for sentencing as follows:

•  Lisa Sutphin represented by Clinton Bischoff of Summersville pled to count 1 of an information she allowed the prosecutor to file against her instead of doing an indictment.

She pled to conspiracy and will be sentenced at 9:45 AM on Monday, January 26, 2015.


•  Clayton James McCune pled to 2 counts, count 1 of unlawful assault (a lesser included count of the indictment charging malicious assault and to count 4 a misdemeanor charge of domestic battery.

The other counts of the indictment were dismissed by the prosecutor.

He was represented by Bryan Hinkle of Buckhannon and will be sentenced on Monday, January 26, 2014 at 10:15 AM.

Later he flunked his urine screen and the Judge was prepared to send him to Central Regional Jail but after McCune pleading with the Judge he was released but must be drug tested weekly until sentencing.


•  John Patrick Paletta pled to count 4 of conspiracy and all remaining counts were dismissed.

He was represented by Christopher Moffatt and sentencing will be 10:00 AM Monday, January 26, 2015.


•  Joe Williams III pled to count 1 of conspiracy and the revocation of his bond hearing was withdrawn by the prosecutor.

He was represented by David Karickhoff of Sutton and he will be sentenced at 9:30 AM on Monday, January 26, 2015.


•  Eleven juvenile matters were heard.


•  Two sentencing were reset for Monday, December 22, 2014 at 10:30 AM. (State of West Virginia vs. Christina Marks) and (State of West Virginia vs. Daniel John McCormick) will be sentenced Monday, January 26, 2015 at 10:30 AM.


•  Motion for attorney fees in an old juvenile matter were denied.


•  A motion in a criminal case was withdrawn and cancelled.

Gilmer County Circuit Court Report - 11.10.14

The Gilmer Free Press

On Monday, November 10, 2014 Chief Judge Jack Alsop held motion day in Gilmer County until shortly after Noon hearing 6 juvenile hearings and 2 criminal matters, namely,


•  State of West Virginia vs. James Bailey

He was represented by Christopher Moffatt of Charleston.

Pre-trial motions were taken up and later Bailey decided to enter a plea in the matter.

His plea is set for Thursday, November 13, 2014 at 10:00 AM.


•  State of West Virginia vs. Kimberly Swiger

She was represented by Andrew Chattin of Charleston entered a plea to count 3 of her indictment charging her with grand larceny.

Gerry Hough dismissed the remaining counts of the indictment against her and she will be sentenced Monday, December 08, 2014 at 11:00 AM after probation officer Mike Haley does a presentence investigation.



Judge Alsop dealt with 13 arraignments as follows:


•  State of West Virginia vs. Daniel Rose

He was before the Court with his attorney Bryan Hinkle of Buckhannon.

After entering not guilty pleas to the 3 counts of his indictment his pretrial will be at 9:00 AM on Friday, January 23, 2015 and his trial is first on Tuesday, February 10, 2015.

Hinkle asked that Rose be released on a personal recognizance bond but the prosecuting attorney objected and his motion was denied.


•  State of West Virginia vs. Janice Collins

She appeared with her counsel, Christina Flanigan.

However since Flanigan has been recently elected prosecutor in Lewis County and will assume her duties there next week she had to be relieved from representing Collins.

She informed the Court that her one of the attorneys at her firm of Nanners and Willett of Buckhannon will be assuming representation of Collins.

Her pretrial will be at 9:30 AM on Friday, January 23, 2015 and she will be the second trial Tuesday, February 10, 2015.

She remains under the bond heretofore posted but if she wants to leave the state she must get permission from the probation officer to do so.


•  State of West Virginia vs. Wayne Joseph Roberts

He was before the Court with Flanigan being relieved as his attorney and Clinton Bischoff of Summersville being appointed to represent Roberts.

His pretrial is Friday, January 23, 2015 at 10:00 AM and his trial is 3rd on Tuesday, February 10, 2015.


•  Desirae Miller

She was before the Court and was represented by Eric Hensil standing in for Timothy Gentilozzi.

She entered pleas of not guilty to the 7 counts of her indictment and will have a pretrial hearing Friday, January 23, 2015 at 10:00 AM and is the fourth trial on Tuesday, February 10, 2015.


•  David Junior Marks

He was before the Court for arraignment with Bryan Hinkle standing in for Daniel Armstrong of Gassaway.

Bond was reduced to $40,000.00 good and sufficient surety to be approved by the Clerk and he is set for pretrial at 10:00 AM Friday, January 23, 2015 and is the 5th trial set for Tuesday, February 10, 2015.


•  Tyler Sutphin

He appeared for arraignment with his attorney Flanigan.

After she withdrew from the case Brian Bailey was appointed to represent him and he will have a pretrial Friday, January 23, 2015 at 10:30 AM and he will be first trial Tuesday, February 18, 2015.


•  State of West Virginia vs. Ross Lee Miller

He failed to appear for arraignment and a bench warrant was issued by the Clerk for his arrest.

Bond was set at $25,000.00 and the prosecutor is directed to have B&B Bonding report Monday, December 08, 2014 at 9:00 AM to show cause why he did not appear.

Miller was represented by Timothy Gentilozzi.


•  State of West Virginia vs. Christopher Lynn Puffenbarger

He had his bond reduced to $50,000 with home confinement.

His pretrial is Friday, January 23, 2015 at 11:00 AM and he is set first trial Thursday, February 12, 2015.

He is represented by Christopher Moffatt.


•  State of West Virginia vs. John Michael Puffenbarger

He had his bond reduced to $200,000.00 separate from Lewis County and to be hooked up on home confinement.

His pretrial is 11:30 AM Friday, January 23, 2015 with his trial being the second trial Thursday, February 12, 2015.


•  State of West Virginia vs. Nathanielle L. Butler

He was before the Court and entered pleas of not guilty to the 2 count indictment returned against him.

He posted a $10,000.00 personal recognizance bond until Friday, November 14, 2014 at 4:00 PM where he must post a $10,000.00 bond with good and sufficient surety to be approved by the Clerk.

His arraignment was continued until Monday, December 08, 2014 at 11:20 AM to allow him to hire an attorney.


•  State of West Virginia vs. Kyle Britner

He failed to appear for arraignment and a bench warrant was issued to his arrest and bond was set at $10,000.00.


•  State of West Virginia vs. Julia Ann Mollohan

She was before the Court for arraignment and her pretrial is Friday, January 23, 2015 at 1:00 PM and her trial is Thursday, February 19, 2015.

She is represented by David Karickhoff of Sutton and her bond is $30,000.00.


•  State of West Virginia vs. Christopher Debarr

He did not appear for arraignment and it was reset for Thursday, November 13, 2014 at 10:00 AM.

He is also represented by Christopher Moffatt.


•  Testimony was taken in one civil matter and R. Terry Butcher was appointed special commissioner to post $50,000.00 bond with the clerk and sell the land after advertising it in the local paper.

The case was James Bleigh, et ux vs. Daniel Collins et al.

Gilmer County Circuit Court Report - 11.06.14

The Gilmer Free Press

On Wednesday, November 05, 2014 Chief Judge Jack Alsop opened his regular November term of Court in Gilmer County.


•  After indoctrinating the grand jurors Judge Alsop sent them to their jury room at 9:43 AM to deliberate upon their indictments and presentments while he heard civil matters in open Court.


Three civil cases were dismissed, namely:

•  Automotive Finance Corporation vs. Tater Knob Preowned Vehicles and Christine Smith

•  Stonewall Jackson Memorial Hospital vs. Angela Nicole Blessard

•  Stonewall Jackson Memorial Hospital vs. Christina Jane Wilson


•  Judge Alsop also dismissed the civil case between Julie Conrad vs. The Council of Senior Citizens of Gilmer County after taking the matter under advisement after a hearing on Monday, August 11, 2014.

This case was dismissed with prejudice.


Two other civil cases were reset for status on Monday, December 08, 2014

•  Stonewall Jackson Memorial Hospital vs. Roseanna Lynn Bush

(Which later a final judgment order was FAX’d to the Clerk) and will be presented to Judge Alsop on Thursday November 06, 2014for completion of this case.


•  Sterling Jewelers Inc. vs. Nelson G. McCloy
Was also reset for status on Monday, December 08, 2014 at 10:30 AM.


•  Another civil mater the attorney reported to Judge Alsop that he will try to obtain service on defendant and in the last civil case on the today’s docket a default judgment order will be sent regarding WVU Medical Corporation vs. Patrick J. Buckner.


•  A juvenile matter was rescheduled for Tuesday, December 02, 2014 at 1:00 PM.


At 12:25 the grand jurors returned to the Court room and returned 13 Indictments as follows:


•  State of West Virginia vs. Daniel David Troy Rose

For malicious wounding and 2 counts of domestic battery.  He is represented by Bryan Hinkle of Buckhannon and is in jail under $5,000.00 bond.


•  State of West Virginia vs. Janice Anne Collins

She was indicted for financial exploitation of an elderly person.

She is represented by Christina Flanigan and is free on a $10,000.00 property bond.


•  State of West Virginia vs. Wayne Joseph Roberts

He was indicted for 7 counts, namely 2 counts of attempting to operate a clandestine drug laboratory, 2 counts possession of substances to be used as precursor to manufacture of methamphetamine, 2 counts of conspiracy and 1 count of entering without breaking.

He is also represented by Christina Flanigan and remains in jail under $150,000.00 bond.


•  State of West Virginia vs. Desirae Krystene Miller

She was indicted for 2 counts of attempting to operate a clandestine drug laboratory, 2 counts of possession of substances to be used as precursor to manufacture of methamphetamine, 2 counts of conspiracy and 1 count of entering without breaking.

She is represented by Timothy Gentilozzi of Clarksburg and is free on $125,000.00 property bond.


•  State of West Virginia vs. David Junior Marks

He was indicted for 2 counts of attempting to operate a clandestine drug laboratory, 2 counts of possession of substances to be used as precursor to manufacture of methamphetamine, 2 counts of conspiracy and 1 count of entering without breaking.

He is represented by Daniel Armstrong of Gassaway and remains in jail with a bond set at $125,000.00.


•  State of West Virginia vs. Tyler L. Sutphin

He was indicted on 5 counts as follows: 1 count of conspiracy, 1 count of attempting to operate a clandestine drug laboratory, 3 counts of possession of a controlled substance (a misdemeanor)0

He is represented by Christina Flanigan and is free on $15,000.00 bond posed by Perry Bonding.


•  State of West Virginia vs. Ross Lee Miller

He was indicted for 1 count of conspiracy, 1 count of attempting to operate a clandestine drug laboratory and 1 count of possession of a controlled substance ( a misdemeanor).

He is represented by Gentilozzi and is free on $15,000.00 B&B bond.


•  State of West Virginia vs. Christopher Lynn Puffenbarger

He was indicted for 2 counts of sexual assault in the first degree and 2 counts of incest.

He is represented by Christopher Moffatt of Charleston and remains in jail with $100,000.00 bond set.


•  State of West Virginia vs. John Michael Puffenbarger

He was indicted for 3 counts of sexual assault in the first degree, 3 counts of sexual abuse by a parent, guardian, custodian or person in a position of trust and 3 counts of incest.

He is represented by David Karickhoff of Sutton and remains in jail under $500,000.00 bond.


•  State of West Virginia vs. Nathanielle L. Butler

She was indicted for 1 count of delivery of a controlled substance within 1000 feet of a school and 1 count of conspiracy. A summons was issued for defendant to appear at arraignment.


•  State of West Virginia vs. Kyle C. Britner

He was indicted for delivery of a controlled substance within 1000 feet of a school and 1 count of conspiracy.

A summons was issued for defendant to appear at arraignment.


•  State of West Virginia vs. Julia Ann Mollohan

She was indicted for 1 felony count of fleeing, 1 felony count of destruction of property and 1 misdemeanor count of reckless driving and 2 misdemeanor count of battery of a police officer.

She is represented by David Karickhoff of Sutton.

Her bond is set at $94,000.00 and she remains in jail.


•  State of West Virginia vs. Christopher David DeBarr

He was indicted for 1 count of entering without breaking and 1 count of grand larceny.

Moffatt represents him and his bond is $25,000.00.


All inductees who had attorneys were notified by FAX to their attorney of arraignment day being Monday, November 10, 2014 at 1:00 PM.

The other 2 without attorneys had a summons to appear issued for them by the clerk.



On Thursday, November 06, 2014, 22 capias’ were renewed for criminals whose cases were called by the Judge and they failed to appear to answer charges pending against them.


•  State of West Virginia vs. Kim Demastus

Pre-trial motions were heard in her case and all were denied by the Judge with the exception of the request from her attorney for the petit juror questionnaires.

Judge Alsop granted the motion and the Circuit Clerk’s office provided copies to Mark Hudnall (her attorney) before he left the Courthouse.

Her trial is scheduled for the 2nd trial on Wednesday, November 12, 2014.


•  State of West Virginia vs. Dwight Bullough

This is the first case set for trial Wednesday, November 12, 2014.

He is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. James Bailey

He was before the Court for status and further hearing was set for Monday, November 10, 2014 at 10:45 AM.

He is represented by Christopher Moffatt of Charleston.


•  State of West Virginia vs. Kimberly Swiger

She will enter a plea at 11:00 AM on Monday, November 10, 2014.

She is represented by Andrew Chattin of Charleston.


•  State of West Virginia vs. James Ash

He will have further hearing Monday, December 08 2014 at 10:45 AM.

He is represented by Brian Bailey of Horner, WV.


•  State of West Virginia vs. Isaac Grounds

He was before the Court after being returned from Anthony Center.

He waived an evidentiary hearing and was sentenced to not less than 1 nor more than 10 years in the penitentiary and custody was transferred to the Department Of Corrections with credit for time served.

He was represented by Kevin Hughart of Sissonville.


•  Three juvenile hearings were heard.

Gilmer County Circuit Court Report - 10.27.14

The Gilmer Free Press

On Monday, October 27, 2014 Judge Richard A. Facemire presided over his motion day in Gilmer County.


•  Seven juvenile matters were held.


•  State of West Virginia vs. James Christopher Miller

He entered pleas of guilty to 3 felony counts namely, attempting to operate a clandestine meth lab, conspiracy and altering pseudoephedrine.

All other counts were dismissed by the prosecutor, along with bound over cases pending against Miller from magistrate court.

Miller will be sentenced at 9:00 AM on Monday, December 22, 2014.

Valentina Wheeler of Charleston represented Miller.


•  State of West Virginia vs. Edward Cottrill II

He was before the Court for sentencing and was sentenced to 1-5 years in the penitentiary with all but 30 days of said sentence suspended and Cottrill self-reported to Central Regional Jail at 6:00 PM Friday, October 31, 2014 to serve those 30 days there.

Upon his release he must enroll in an intensive drug treatment program for 6 to 9 months and will then be on 5 years’ probation.

Judge Facemire did not impose a fine but did order Cottrill to pay the usual court costs within 18 months and perform 100 hours community service per year of probation.

He will also be under a 9:00 PM curfew after his release.

•  Clinton Bischoff of Summersville was counsel for the defendant.


•  State of West Virginia vs. Lisa Fay Sutphin

She was before the Court for a bond reduction and despite the prosecutor’s objection, Judge Facemire reduced her bond to $35,000.00 with home confinement.

She is also to have NO CONTACT with her co-defendants.

She was also represented by Bischoff.


•  State of West Virginia vs. Stephanie Smarr

She was once again before the Court seeking permission to go to a drug treatment program, which motion the Court granted.

Her sentencing remains on the January, 2015 docket if she completes the program.

She was represented by hristina Flanigan of Buckhannon.


•  State of West Virginia vs. Virginia Richards Sears

She was before the Court also represented by Christina Flanigan asking to be released on probation again, which motion the Court denied.


•  State of West Virginia vs. Joe Williams II

He will enter a plea on Friday, November 14, 2014 at 9:00 AM.

David Karickhoff of Sutton represents him.


Judgment was entered in one civil case.


•  State of West Virginia vs. William D. Bullough

He was before the Court objecting to his trial being continued to the November term.

He was represented by Daniel Grindo of Gassaway and Judge Facemire informed Grindo that he managed his own docket and he didn’t have to give him a reason for the continuance, but did inform him that he had 12 trials set the day of Bullough’s trial and he chose to try another case in another county.

SUIT FILED AGAINST COMPANY THAT PRODUCED CANCELED DIRTY GIRL MUD RUN

The Gilmer Free Press

Morrisey’s lawsuit alleges race’s cancellation was part of a plan to force the sale of the Dirty Girl brand

West Virginia Attorney General Patrick Morrisey announced today that he filed a lawsuit in Kanawha County Circuit Court against Human Movement Inc., the Colorado-based company that contracted with the Charleston Convention and Visitors Bureau to produce the 2014 Dirty Girl Mud Run in Charleston.

According to the lawsuit filed by Morrisey, Human Movement allegedly was engaged in a protracted buyout of the Dirty Girl Mud Run brand from 100 LLC. As the sale began to falter, Human Movement along with its principal owners Jeff Suffolk and Alta Equity Partners allegedly began leveraging the cancellation of the July 26 Charleston event to force 100 LLC into an untenable financial position to force the sale of the company. The Complaint alleges Human Movement broke a last minute agreement between it, the Charleston CVB, and 100 LLC in order to force the event to be canceled. Human Movement succeeded in buying the brand name immediately after the event’s cancellation.

Within 24 hours of the announced cancellation, more than 250 consumer complaints had been filed with the Attorney General’s Office, and continued to be filed in the following days.

“Many people of this State spent money and made plans to take part in this event and promote a charitable cause. They did not deserve to be treated in this manner,” Attorney General Morrisey said.

The lawsuit seeks injunctive relief from Human Movement and the other defendants, as well as equitable relief and civil penalties.

“Despite our previous agreements with 100 LLC and Eventbrite, race participants are still out other expenses they paid in anticipation of the event,” Morrisey said. “It is our hope to make them whole.”

The Attorney General’s Office and 100 LLC reached an agreement in August to refund the registration fees to approximately 700 consumers who registered directly with them to participate in the race. Third-party contractor Eventbrite, who facilitated ticket sales for the race, also entered into an agreement to provide refunds to those who registered for the race through their site. While that amounted to more than $200,000, it did not provide refunds for other expenses incurred by consumers registered for the event.

The complaint seeks to order Human Movement, Suffolk, and Alta to pay a civil penalty of $5,000 for each violation of the Consumer Credit and Protection Act, and pay the State of West Virginia its attorneys’ fees and costs associated with the investigation and civil action.

A copy of the lawsuit can be viewed by Clicking H E R E

Gilmer County Circuit Court Report - 10.21.14

The Gilmer Free Press

Chief Judge Jack Alsop held Court in Gilmer County on Tuesday, October 21, 2014.


•  One Fugitive from justice, namely Ramon Pizzara Jr., waived extradition back to the state of Pennsylvania.

Authorities there have until 4:00 PM on Thursday, October 30, 2014 to pick Pizzara up or Central Regional Jail will release him.

He was represented by Christina Flanigan of Buckhannon.


•  Five juveniles were heard and reset.


•  One adoption was granted.


•  State of West Virginia vs. Dwight Bullough

He was before the Court on the state’s motion.

Judge Alsop denied the motion and instructed the prosecutor to issue a subpoena duces tecum for trial.

Bullough was represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Mose Chadwell

He was before the Court for reconsideration of sentence and Judge Alsop granted his release and placed him on 4 years probation.

Judge Alsop also directed he pay all court costs (which Chadwell has already paid the Clerk in full) plus his court appointed attorney fees (which have yet to be submitted to the Clerk).

Bryan Hinkle of Buckhannon represented Chadwell.


•  State of West Virginia vs. Julia Mollohan

She was before the Court for motions filed by defense counsel, David Karickhoff of Sutton.

Judge Alsop granted her motion for mental exam but took the motion to reduce bond under advisement.


•  Patrick Collins was before the Court for a habeas corpus hearing, but due to him needing transcripts of prior hearings Judge Alsop continued the hearing to Tuesday, February 03, 2015 at 9:00 AM.

Christopher Moffatt of Charleston is stand by counsel to assist Collins.


•  State of West Virginia vs. Wayne Roberts

He was before the Court for bond reduction, which motion Judge Alsop denied.

Roberts was also represented by Christina Flanigan.


•  State of West Virginia vs. Robert Hacker

He had a hearing regarding him being transferred to a more convenient location to enable his attorney to have easier access to him.

Judge Alsop also took that under advisement.

Hacker is represented by the Public Defender’s office in Charleston.


•  A civil bench trial scheduled for 1:00 PM was settled and dismissed prior to the hearing.


•  Judge Alsop also set the docket for the upcoming November term.

GRAND JURY will be November 5th at 9:00 AM Criminal docket call will be on Wednesday, November 06, 2014 at 9:00 AM.


•  Arraignments will be held at 1:00 PM on Monday, November10, 2014.


•  Juvenile status conferences will follow at 3:00 PM on Monday.


•  Petit jury indoctrination and jury trials begin on Wednesday, November 12, 2014 at 9:00 AM.

Gilmer County Family Court Report – 10.22.14

The Gilmer Free Press

On Wednesday, October 22, 2014 Family Court Judge Larry Whited held Family Court in Gilmer County.

•  He granted one divorce.


•  Tiffany Montgomery (24) of Linn, WV divorced Matthew S. Montgomery (25) of Sand Fork, WV.


•  One domestic was dismissed, one was continued.


•  Three other divorces were not finalized.

Magistrate Court Report - 10.22.14

The Gilmer Free Press
Civil Case(s):

Plaintiff Defendant Filed Served Amount
Smith Land Company, LLC Roy Wiant 10.14.14 $1,386.20
Stonewall Jackson Memorial Hospital John Robert Carder 10.15.14 $1,982.10
Stonewall Jackson Memorial Hospital Glen Richard Grove 10.15.14 $3,641.28
Stonewall Jackson Memorial Hospital Jazzmin Lee Langman 10.15.14 $577.14
Glenville Auto Repair Brittany Bell 10.06.14 10.07.14 $944.66
10.07.14 Plea of Guilty. Fine $25.00   Court Cost  $160.25  WCF  $25.00    WCP  $969.66    Total  $1179.91 - 6 Months Payment Scheduled
Glenville Auto Repair Brittany Bell 10.06.14 10.07.14 $350.00
10.07.14 Plea of Guilty. Fine $25.00   Court Cost  $160.25  WCF  $25.00    WCP  $375.00   Total  $585.25 - 6 Months Payment Scheduled
Glenville Auto Repair Brittany Bell 10.06.14 10.07.14 $200.00
10.07.14 Plea of Guilty. Fine $25.00   Court Cost  $160.25  WCF  $25.00    WCP  $225.00   Total  $435.25 - 6 Months Payment Scheduled



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

Complainant Defendant Offense Date Warrant
State of West Virginia Brittani Dawn Bell Obtaining Goods by False Pretense (6) 10.07.14 10.07.14
Bond $2,500.00
State of West Virginia Sharyce Lynna Warren Obstructing An Officer 10.07.14 10.07.14
Bond $1,000.00
State of West Virginia Sharyce Lynna Warren Disorderly Conduct 10.07.14 10.07.14
Bond $1,000.00
State of West Virginia Derrick Allen Abeare Possession of Controlled Substance Less Than 15 Grams 09.09.14 10.07.14
10.07.14  Plea of Guilty Entered. Placed on 6-Month Probation Total Fine $190.25 - 6 Months to Pay
State of West Virginia Kenton Andrew Nicholas Possession of Controlled Substance Less Than 15 Grams 09.24.14 10.09.14
10.09.14  Plea of Guilty Entered. Placed on 2 years unsupervised Probation 6-Month Jail Suspension Total Fine $222.25
State of West Virginia Kenton Andrew Nicholas Conspiracy 09.24.14 10.09.14
10.09.14  Plea of Guilty Entered. Placed on 2 years unsupervised Probation 6-Month Jail Suspension Total Fine $297.25
State of West Virginia Harrison James Jenkins Reckless Driving 10.09.14 10.09.14
10.09.14 Plea of Guilty Entered. (0 Days Jail Suspended. 1 Year Probation.  Total Fine  $422.25
State of West Virginia Nathan A. Hardy Driving Under Influence 10.17.14 10.17.14
Bond $3,500.00
State of West Virginia Nathan A. Hardy Underage Consumption 10.17.14 10.17.14
Bond $3,500.00
State of West Virginia Nathan A. Hardy Possession of Controlled Substance Less Than 15 Grams 10.17.14 10.17.14
Bond $3,500.00
Somerville Exxon Mathew J. Ellis Worthless Check Complaint 10.20.14 10.21.14
$45.43    Paid $265.68  6-Month  Payment
China 1 Sheila Ann Marks Worthless Check Complaint 10.20.14 10.25.14
$38.55   
State of West Virginia Yumus Clinton Roberson III Reckless Driving 10.17.14 10.20.14
Bond $500.00   
State of West Virginia Kelsey Nicholas Possession of Controlled Substance (Marijuana) 09.24.14 10.20.14
 
State of West Virginia Kelsey Nicholas Conspire to Possess A Controlled Substance 09.24.14 10.20.14
State of West Virginia Jeffrey Alan Mihelich Obstructing an Officer 05.11.14 10.20.14
Plea of Guilty Entered. 6 Month Jail Suspended. 1 Year Unsupervised Probation  Total Fine  $440.25
State of West Virginia Yumus Roberson Obstructing An Officer 05.11.14 10.20.14
Plea of Guilty Entered. 6 Month Jail Suspended. 1 Year Unsupervised Probation  Total Fine  $440.25 6 Month to Pay
State of West Virginia John Wesley Jordan Fail to Register as Sex Offender 10.20.14 10.20.14
Bond $5,000.00



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

Defendant Issued Charge(s)
Patrick Wayne Gower 10.04.14 Trespassing
Jacob Tyler Kennelly 10.10.14 Speeding
Hamric Samantha Lynn 10.07.14 Failure to Maintain Control
Freddie Perry II 10.03.14 Left of Center
Ryan Michael Sims 10.07.14 Driving Suspended/Revoked Non-DUI
Failure to Drive with Due Care
Katelyn Dawn Weese 10.11.14 Operator’s
Jayson Bradley White 10.03.14 Driving Under The Influence - 2nd Offense
Kenneth Ray Young 10.04.14 Driving Under The Influence



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Heather Ann Black 10.21.14 Aiding Adult in Custody (Give Tobacco)
Dakota C. Burkhammer 10.17.14 Left of Center
Nathan Andrew Hardy 10.17.14 Underage Consumption



City of Glenville Citation(s):
Defendant Issued Charge(s)
Michael Kevin Miles 10.14.14 Wrong Way - One Way
Yumus C. Roberson 10.17.14 Reckless Driving
Earon Brandy Settles 10.07.14 Shoplifting
Casey Lee Small 10.17.14 Color of Lights
Reckless Driving

FCI Gilmer Inmates Sentenced After Getting Caught in Possession of Heroin

The Gilmer Free Press

Two inmates at FCI Gilmer were convicted and sentenced after they were discovered in possession of heroin.

Antonio Whitehead, age 27, of Macon, Georgia, and Brian Carnegie, age 29, of Cleveland, Ohio, each enter guilty pleas on Wednesday to one count of possession of a prohibited object.

Whitehead and Carnegie, who are both currently incarcerated on drug trafficking charges, were each sentenced to an additional six months in prison.

The investigation was led by the Federal Bureau of Prisons and the Special Investigative Services Unit at FCI Gilmer. 

Assistant U.S. Attorney Shawn Morgan prosecuted the cases on behalf of the government.

U.S. District Judge Irene M. Keeley presided.

Roane County Couple Says Company Owes Them $200K

The Gilmer Free Press

The WV Record:

Two Roane County residents allege they were not paid more than $200,000 they are owed under a contract.

Contractor Dwayne and Theresa Hickman allege they entered into a contract with defendant Engle Management on June 27, 2012. However, Engle failed to make payments due under the contract, according to the complaint filed September 02 in Cabell Circuit Court.

“As of January 30, 2014, based upon information provided to plaintiffs, the amount owed to plaintiffs is $264,936.56,” the suit states. “However, plaintiffs do not have access to the books and records of Engle to confirm that this is the full amount due them.”

In their complaint, the Hickmans seek the balance they allege they are owed, plus damages, attorney fees, costs and other relief the court deems just.

Angela D. Herdman of Spilman, Thomas and Battle in Charleston will represent them.

Circuit Judge Christopher Chiles has been assigned to the case.

Cabell Circuit Court case number 14-C-612
This entry was posted in Cabell County, Contract, Issues, News and tagged Angela D. Herdman, Dwayne Hickman, Engle Management, Spilman Thomas & Battle PLLC, Theresa Hickman
.

~~  Kelly Holleran - WV Record ~~

Gilmer County Circuit Court Report - 10.02.14

The Gilmer Free Press

On Tuesday, September 30, 2014 Chief Judge Jack Alsop heard a juvenile matter in Gilmer County and one fugitive from justice case.


Treyvon Miller waived extradition back to Maryland and authorities there have until 4:00 PM on Friday, October 10, 2014 to pick him up or he will be released from Central Regional Jail.

Miller was represented by Bryan Hinkle of Buckhannon.




Judge Richard A. Facemire held Court in Gilmer County on Thursday, October 02, 2014.


•  He heard 3 juvenile matters.


•  He also heard a revocation/show cause hearing in a criminal case but decided not to forfeit the bond in the case of State of West Virginia vs. James C. Milller.

Miller was represented by Valentina Wheeler of Charleston and a pre-trial hearing will be conducted in the case in Braxton County on Wednesday, October 15, 2014 at 1:15PM.


•  State of West Virginia vs. William Wayne Cottrell

He was before the Court for sentencing and was sentenced to 2-10 years with his sentence to run concurrently with the sentence he is currently serving out of Calhoun County.

Judge Facemire did not fine Cottrell but ordered him to pay court costs within 18 months of his release.

Clinton Bischoff represented Cottrell.


Clinton Bischoff represented 3 others who were sentenced today, namely,


•  John Walton Jackson who was sentenced 1-10 on count 1 and 1-10 on count 2 to run consecutively for a total of 2-20 years.

Judge Facemire denied defense motion to allow Jackson to self report at a later date and also motion to reconsider and run sentences concurrently.


•  Also sentenced was Brittiny D. Miller who was sentenced to 1-5 in the penitentiary with the sentence suspended and she was placed on 5 years probation with no fine but she must also pay court costs within 18 months.

She also must pay the typical $11.00 per month to the Circuit Clerk for community correction and probation fees.


•  State of West Virginia vs. Traci Nichole Pyles

She was ordered to undergo 60 days diagnosis and classification at a facility and to have substance abuse evaluation prior to her sentencing on Monday, January 26, 2015 at 9:15 AM.

She was represented by Timothy Gentilozzi of Clarksburg and may self report when arrangements have been made.


•  State of West Virginia vs. Christina Marks

She pled to count 2 of her indictment charging conspiracy to 3rd offense shoplifting.

The state dismissed count 1 of her indictment and she will be sentenced on Friday, November 21, 2014 at 10:20 AM.

She was represented by Christina Flanigan of Buckhannon.


•  State of West Virginia vs. Daniel John McCormick

He will enter a plea in Braxton County on Thursday, October 23, 2014 at 1:15PM.

He is represented by Matthew Thorn of Morgantown.

Gilmer County Family Court Report – 10.01.14

The Gilmer Free Press

On Wednesday, October 01, 2014 Family Court Judge Larry Whited held Family Court in Gilmer County.

•  He dismissed one domestic violence petition and granted another.

•  Several matters involving the child advocate bureau were heard with orders to be entered at a later date.

Ritchie County Woman Says Fracking Damaged Her Property

The Gilmer Free Press

A Ritchie County resident has filed suit against the oil and gas companies she alleges harmed her land when they drilled horizontally into it in an attempt to retrieve the resource.

OilGasVickie Nutter says she owns a home at 4404 Oxford Road in Pullman, which is close to the oil and natural gas drilling activities of defendants Antero, based in Denver, and Hall Drilling of Ellenboro.

The defendant companies utilize a process known as fracking to retrieve the oil and natural gas from the ground. Fracking is a controversial process that releases chemicals into the ground under extreme pressure in an effort to dislodge the gas, according to the complaint filed August 25 in Kanawha Circuit Court.

There are many dangerous environmental concerns that accompany the fracking process, the suit states. For instance, natural gas is often burned during the process, which results in excessive emissions of hydrogen sulfide and other chemicals, the complaint says.

“[The] defendants’ natural gas activities, acts, omissions, and instrumentalities that are within defendants’ exclusive control, are dangerous, and have caused grave harm to plaintiff,” the suit states.

Because of the defendants’ actions, Nutter alleges she suffered from an impaired ability to enjoy her property, including property damage, substantial discomfort, inconvenience, annoyance and a lost peace of mind, among other harmful side effects.

Although the defendants have known of the dangerous propensity of their activities, they have failed to resolve the issue, according to the complaint.

Nutter alleges negligence against the defendants, saying they failed to prevent injury to others, failed to exercise reasonable care, failed to take affirmative action to control or avoid increasing danger and failed to use ordinary care to protect others from peril that is under the defendants’ control.

Nutter seeks an unspecified judgment, plus punitive damages, costs and other relief the court deems just.

She will be represented by Aaron Harrah and James C. Peterson of Hill, Peterson, Carper, Bee and Deitzler in Charleston, and Anthony J. Majestro of Powell and Majestro in Charleston.

Circuit Judge Paul Zakaib Jr. has been assigned to the case.

Kanawha Circuit Court case number 14-C-1529
This entry was posted in Issues, Kanawha County, News, Personal Injury, Ritchie County and tagged Aaron Harrah, Antero, Anthony J. Majestro, Hall Drilling, Hill Peterson Carper Bee & Deitzler PLLC, James C. Peterson, Powell and Majestro, Vickie Nutter.

~~  Kelly Holleran - The Record  ~~

Harrison County Woman Blames Fracking for Damages

The Gilmer Free Press

A Harrison County resident has filed suit against the oil and gas companies that she alleges harmed her land when they drilled horizontally into it in an attempt to retrieve the resource.

Judith K. Metheny says she owns a home at 2213 Isaacs Creek Road in Lost Creek, which is close to the oil and natural gas drilling activities of defendants Antero Appalachian and Hall Drilling of Ellenboro.

The defendant companies utilize a process known as fracking to retrieve the oil and natural gas from the ground. Fracking is a controversial process that releases chemicals into the ground under extreme pressure in an effort to dislodge the gas, according to the complaint.

There are many dangerous environmental concerns that accompany the fracking process, the suit states. For instance, natural gas is often burned during the process, which results in excessive emissions of hydrogen sulfide and other chemicals, the complaint says.

“The defendants’ natural gas activities, acts, omissions, and instrumentalities [that] are within defendants’ exclusive control, are dangerous and have caused grave harm to plaintiffs,” the suit states.

Because of the defendants’ actions, Metheney alleges she suffered from an impaired ability to enjoy her property, including property damage, substantial discomfort, inconvenience, annoyance and a lost peace of mind among other harmful side effects.

Although the defendants have known of the dangerous propensity of their activities, they have failed to resolve the issue, according to the complaint.

Metheny alleges negligence against the defendants, saying they failed to prevent injury to others, failed to exercise reasonable care, failed to take affirmative action to control or avoid increasing danger and failed to use ordinary care to protect others from peril that is under the defendants’ control.

Metheny seeks an unspecified judgment, plus punitive damages, costs and other relief the court deems just.

She will be represented by Aaron Harrah and James C. Peterson of Hill, Peterson, Carper, Bee and Deitzler in Charleston, and Anthony J. Majestro of Powell and Majestro in Charleston.

Circuit Judge Charles E. King has been assigned to the case.

Kanawha Circuit Court case number 14-C-1548
This entry was posted in Harrison County, Issues, Kanawha County, News, Personal Injury and tagged Aaron Harrah, Antero Appalachian, Anthony J. Majestro, Hall Drilling, Hill Peterson Carper Bee & Deitzler PLLC, James C. Peterson, Judith K. Metheny, Powell and Majestro.

~~  Kelly Holleran - The Record  ~~

Gilmer County Circuit Court Report – 09.25.14

The Gilmer Free Press

On Thursday, September 25, 2014 Chief Judge Jack Alsop came to Glenville to hear a juvenile matter, which unfortunately had to be reset for Tuesday, September 30, 2014.


One fugitive from justice (William M. Warren) waived extradition back to the state of Maryland.

Warren was represented by Bryan Hinkle of Buckhannon and authorities in Maryland have until 4:00 PM Tuesday, October 07, 2014 to pick Warren up at Central Regional Jail or he will be released.

Gilmer County Magistrate Court Report - 09.23.14

The Gilmer Free Press
Civil Case(s):

Plaintiff Defendant Filed Served Amount
Edith Ellyson Ross Lee Marks 09.12.14
09.18.14: Respondent to Retain the Possession of Property.
Glenville Auto Repait Chris Steele 09.15.14 $2,055.76
Stonewall Jackson Memorial Hospital Harlie Nicole Phares 09.17.14 $1,014.56
Glenville Auto Tony Armstrong 09.22.14 $768.06
Glenville Auto Justin Self 09.22.14 $1,048.95



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

Complainant Defendant Offense Date Warrant
State of West Vieginia Delbert L. King Accessory After The Fact-Fleeing DUI 09.05.14 09.05.14
Bond: $10,000.00
State of West Vieginia Julia A. Mollahan Destruction of Property 09.08.14 09.08.14
Bond: $30,000.00; 09.11.14 Probable Cause Found * Bound Over to Gilmer County Circuit Court * Motion to Reduce Bond Denied.
State of West Vieginia Julia A. Mollahan Felony Fleeing 09.08.14 09.08.14
Bond: $30,000.00; 09.11.14 Probable Cause Found * Bound Over to Gilmer County Circuit Court * Motion to Reduce Bond Denied.
State of West Vieginia Julia A. Mollahan Fleeing While DUI 09.08.14 09.08.14
Bond: $30,000.00; 09.11.14 Probable Cause Found * Bound Over to Gilmer County Circuit Court * Motion to Reduce Bond Denied.
State of West Vieginia Michael Quentin Florence Receiving / Transferring Stolen Property 09.09.14
Bond: $25,000.00; 09.19.14 Bound to Gilmer County Circuit Court
State of West Vieginia Derrick Allen Abeare Cultivation of Marijuana 09.09.14
Bond: $25,000.00; 09.17.14 Motion to Waive Time Period Granted
State of West Vieginia Darius Marquis Tibbs Possession with Intent to Deliver 09.16.14 09.29.14
Bond: $15,000.00
State of West Vieginia Darius Marquis Tibbs Conspiracy 09.16.14 09.29.14
Bond: $15,000.00
State of West Vieginia Darius Marquis Tibbs Possession with Intent to Deliver Within 1000 Feet of School 09.16.14 09.29.14
Bond: $15,000.00
State of West Vieginia Edward Lynn Parsons Sexual Assault - 2nd Degree 09.19.19 09.19.19
Bond: $10,000.00
State of West Vieginia Delbert L. King Obstructing An Officer 06.05.14 09.06.14
Bond: $5,000.00
State of West Vieginia Julia A. Mollohan Reckless Driving 0908.14 09.08.14
Bond: $1,000.00; 09.11.14 Probable Cause Found * Bound Over to Gilmer County Circuit Court * Motion to Reduce Bond Denied.
State of West Vieginia Julia A. Mollohan Battery on Police Officer 0908.14 0908.14
Bond: $1,000.00; 09.11.14 Probable Cause Found * Bound Over to Gilmer County Circuit Court * Motion to Reduce Bond Denied.
State of West Vieginia Julia A. Mollohan Driving Under The Influence 0908.14 0908.14
Bond: $1,000.00; 09.11.14 Probable Cause Found * Bound Over to Gilmer County Circuit Court * Motion to Reduce Bond Denied.
State of West Vieginia Edward Lynn Parsons Domestic Battery 09.19.19
Bond: $2,000.00
State of West Vieginia Aaron Emmanuel Delilly Domestic Battery 09.19.14
Bond: $2,000.00
State of West Vieginia Gary Joe McCourt Jr. Possession of Controlled Substance < 15 Grams 09.12.14 09.19.14
Bond: $5,000.00
State of West Vieginia Grant Isaiah Williams Underage Consumption 09.20.14 09.22.14
Bond: $500.00
State of West Vieginia Thomas Evan Sandy Registration Violation 09.21.14
Bond: $500.00
State of West Vieginia Thomas Evan Sandy Expired Motor Vehicle Inspection 09.21.14
Bond: $500.00
State of West Vieginia Maria Dawn Marks Permit Suspended 2nd 09.20.14 09.22.14
Bond: $500.00
State of West Vieginia James Perrine Indecent Exposure 09.18.14 09.19.14
Bond: $1,000.00
State of West Vieginia Darryl D Murchison AKA Rollins Shoplifting 09.15.14 09.18.14
Bond: $100.00
State of West Vieginia Davon T. Burris Shoplifting 09.15.14
Bond: $100.00
State of West Vieginia Bon Tyler King Obstructing An Officer 09.14.14
Bond: $500.00
State of West Vieginia Bon Tyler King Driving Under The Influence 2nd Offense 09.14.14
Bond: $1,000.00
State of West Vieginia Samantha Joyce Boling Driving Suspended Revoked Non-DUI 09.12.15
Bond: $500.00
State of West Vieginia Stefan Andrew Zakaib Speeding 08.28.14
State of West Vieginia Jerry Lee Grounds Violation of Domestic Bond 09.08.14 09.09.14
Bond: $10,000.00; 09.16.14 Plea of No Contest Entered, 3 Month Jail Suspended, 3 Month Home Confinement, Fine $250.00, CC $160.25, CCP $30.00 * Total $440.25 6 Month Payment Schedule.
State of West Vieginia Michael Quentin Florence Possession of Firearm by Prohibited Person 09.09.14 09.10.14
Bond: $25,000.00; 09.19.14: Bond Reduced to $10,000.00 * Bound Over to Gilmer County Circuit Court.
State of West Vieginia Elijah Obadiah Urbanic Violation of Protective Order 09.10.14
Bond: $2,000.00; Released on $1,000.00 Personal Recognizance Bond
State of West Vieginia Rodeny Karis Drake Shoplifting 09.11.14 09.15.14
Bond: $100.00
State of West Vieginia James Coy Blosser Driving Suspended 3rd Non-DUI 09.08.14 09.08.14
Bond: $500.00
State of West Vieginia Matthew Scott Cottrill Failure to Stop for Bus 09.05.14 09.08.14
Bond: $1,000.00
State of West Vieginia Kari Dawn Ramsey Failure to Stop for Bus 09.05.14 09.08.14
Bond: $500.00



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

Defendant Issued Charge(s)
Casey A. Collins 09.11.14 No Proof of Insurance
Ryan Stephen Cullen 09.20.14 Underage Consumption
Lance R. Gross 09.20.14 Driving Suspended / Revoked Non-DUI
Mecca Dawn Henderson 09.20.14 Underage Consumption
Briana C. Jackson 09.20.14 Underage Consumption
Brittsny J. Jackson 09.19.14 Speeding, Failure to Produce Operators
Cody Allen James 09.11.14 No Proof of Insurance
Billy Reed Kerby 09.07.14 Operator’s; No Proof of Insurance
Tori Desire Littles 09.20.14 Underage Consumption
Samantha B. Marks 09.20.14 Seat Belt Violation
Gary Joe McCourt, Jr. 09.12.14 Possession of Controlled Substance < 15 Grams
James Miller 09.20.14 Seat Belt Violation
James Casey Smith 09.11.14 Operator’s
Angenay E. Williams 09.11.14 Seat Belt Violation (2)
Angenay E. Williams 09.11.14 Possession of Controlled Substance < 15 Grams
Margaret Lea Zinn 09.11.14 No Proof of Insurance



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Joseph Michael Bowie 09.13.14 Underage Consumption
Brian James Burton 09.13.14 Speeding
Devin Kyle Cottrill 09.19.14 Possession of Controlled Substance < 15 Grams
Mathew Sc Cottrill 09.05.14 Failure to Stop for Bus
Lucas Daniel DeMarino 09.19.14 Underage Consumption
Shane Michael Eddy 09.13.14 Underage Consumption
Mason Scott Fox 09.22.14 Underage Consumption
Maria Dawn Marks 09.20.14 Permit Suspended 2nd
Ross Lee Marks 09.20.14 Driving Suspended / Revoked Non-DUI 3rd
Trassondra Martin 09.15.14 Providing to Under 21
Christopher McVaney 09.12.14 No WV Operators
Kelsey Chr Nicholas 09.15.14 Providing to Under 21
Michael Austin Romel 09.13.14 Underage Consumption
Matthew Shame Smith 09.12.14 Public Intoxication
Dangale Broo Whited 09.15.14 Providing to Under 21
Grant Isai Williams 09.20.14 Underage Consumption



City of Glenville Citation(s):
Defendant Issued Charge(s)
Torres Martine Bell 09.20.14 Consumption Non-Intoxicating Beer
Moniqu Akea Dorsey 09.20.14 Consumption Non-Intoxicating Beer
Jordan Lee Gibson 09.20.14 Consumption Non-Intoxicating Beer
Stephanie R. Roberts 09.20.14 Consumption Non-Intoxicating Beer
Antwan Kewon Wilson 09.15.14 Shoplifting



The Gilmer Free Press
Department of Natural Resources Citation(s):

Defendant Issued Charge(s)
Thomas Evan Sandy 09.21.14 Registration Violation

Gilmer County Circuit Court Report – 09.22.14

The Gilmer Free Press

On Monday, September 22, 2014 Judge Richard A. Facemire heard a 3 page docket in Gilmer County.


•  He heard and reset 16 juvenile matters.


State of West Virginia vs. Daniel McCormick

He was before the Court with his attorney, Matthew Thorn of Morgantown.

A potential plea bargain was discussed with the Judge, who was not very supportive of the same.

However, he asked the attorneys to submit their proposal and continued the matter to Thursday, October 02, 2014 at 10:40 AM.


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

He was before the Court for sentencing upon his former conviction by jury of reckless driving.

Judge Facemire sentenced him to 90 days in Central Regional Jail, but suspended the sentence and placed Ramsey Sr. on 2 years’ probation and fined him $500.00 and court costs.

Ramsey also must perform 75 hours of community service and is to have no contact with the victim and/or his family.

Medical costs are to be submitted to the Judge who took that matter under advisement regarding the victim=s medical bills.

Ramsey Sr. was represented by Daniel Grindo of Gassaway and Joyce Morton of Webster Springs.


•  State of West Virginia vs. Steve Gibson

He was also before the Court for sentencing and he was sentenced to 1-5 years in the penitentiary.

However, his sentence was suspended and he was placed on 5 years’ probation and must pay court costs within 18 months.

Gibson must also enroll in long term substance abuse treatment and submit to a psych evaluation.

He also must pay $11.00 per month to the Clerk for probation and community correction fees.

Gibson was represented by Bryan Hinkle of Buckhannon.

Gilmer County Circuit Court Report – 09.19.14

The Gilmer Free Press

On Friday, September 19, 2014 Judge Facemire heard cases in Gilmer County.


•  Jesse Kessinger, a fugitive from justice wanted in OHIO waived extradition to return to that state.

He was represented by Christina Flanigan of Buckhannon and authorities in Ohio have until 4:00 PM Monday, September 29, 2014 to pick him up or he will be released from Central Regional Jail.


•  State of West Virginia vs. Edward G. Cottrill II

He was before the Court and entered a plea of guilty to count 2 of his indictment charging him with conspiracy.

Count I charging him with 3rd offense shoplifting was dismissed by Gerald Hough, Gilmer County Prosecuting Attorney.

Cottrill was represented by Clinton Bischoff of Summersivlle.

His sentencing was set for Monday, October 27, 2014, but later in the morning he failed his drug test and was sent to Central Regional Jail after Facemire signed the order.


•  State of West Virginia vs. John Robert Carder

He was also in Court on this date for revocation of his probation.

After admitting to the violation Judge Facemire revoked Carder’s probation and sentenced him to 6 months in Central Regional Jail for count 1 and 12 months in Central Regional Jail for count 5.

These sentences were to run consecutively and he was fined $500.00.

Then Judge Facemire suspended the sentence but ordered Carder to spend 5 weekends in Central Regional Jail and to perform 150 hours of community service per year of his 5 years’ probation that he was readmitted to.

He must pay court costs within 18 months plus he must pay the Clerk $11.00 per month in addition to his other costs.

Christina Flanigan of Buckhannon was also his attorney.

Gilmer County Family Court Report – 09.17.14

The Gilmer Free Press

On Wednesday, September 17, 2014 Family Court Judge Larry Whited held Court in Gilmer County.


Two divorces were granted as follows:


•  Wendy Jamison (31) of Gassaway, WV divorced Rocky Jamison (58) of Sand Fork, WV.


•  Mary Shaffer (27) of Elizabeth, WV divorced Geoffrey Shaffer (32) of Big Bend, WV.


•  One divorce was continued.


•  One domestic violence was granted and completed.

Gilmer County Family Court Report – 09.10.14

The Gilmer Free Press

On Wednesday, September 10, 2014 Family Court Judge Larry Whited held Court in Gilmer County.


•  Two domestic violence cases were handled.


•  Three divorces were set, 1 was continued and the following 2 were granted:


•  Tashua Riddle (28) of Linn, WV divorced Shawn Riddle (35) of Shinnston, WV.


•  Jessica Helmick (32) of Alum Bridge, WV divorced Steven Helmick (35) of Burnsville, WV.

Gilmer County Magistrate Court Report - 09.10.14

The Gilmer Free Press

Civil Case(s):

Plaintiff Defendant Filed Served Amount
Wilson's Rentals Mettew Hale 08.25.14 $400.00
Richard Shaffer Titans Towing 08.27.14
Coy Pritt, Jr. Gary Yorder 09.08.14
Woodford's Accounting & Tax Service Eric Schoolcraft 09.08.14 $1200.00
A+ Ventures, LLC Angie Linger c/o Judy Westfall 09.09.14 $1,375.00
Calhoun County Bank Inc. Howard S. Deuley Sr. 09.10.14 $378.12
Calhoun County Bank Inc. Latasha R. White 09.10.14 $301.79



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

Complainant Defendant Offense Date Warrant
State of West Virginia Virgilio Llano Fugitive from Justice 04.18.04 08.26.14
To Appear Before Gilmer County Circuit Court When Notified
State of West Virginia Jose Traveraso Fugitive from Justice 07.17.14
Sent Over to Circuit Court
State of West Virginia Jihard Smith Fugitive from Justice 05.03.13 08.01.14
To Appear Before Gilmer County Circuit Court 08.11.14 at 9:00 AM
State of West Virginia Jesse Lee Kessinger Fugitive from Justice 09.12.14 07.24.14
State of West Virginia William Markel Warren Fugitive from Justice 07.24.14
State of West Virginia Carlos Wilson Fugitive from Justice 07.24.14
State of West Virginia Antwon Miller Fugitive from Justice 08.14.14
State of West Virginia Terrance Hill Fugitive from Justice 08.14.14
State of West Virginia Johnny Lee Howes Fugitive from Justice 08.21.14
Bond: $6,000.00 To Appear Before Gilmer County Circuit Court 08.24.14 at 9:00 AM
State of West Virginia Antwon Raysean Miller Fugitive from Justice 09.04.14 09.05.14
To Appear Before Gilmer County Circuit Court 09.08.14
State of West Virginia Adam Wayne Ramsey Battery 08.18.14 08.19.14
Bond: $2,500.00 08.29.14: NCP Entered * Fine $100.00 * Court Cost $160.25 * CCP $60.00 > Total $320.25, 1 Year Jail Susp. H/C 6 Month Then 6 Month Unsupervised Probation
State of West Virginia Adam Wayne Ramsey Disorderly Conduct
Motion by State to Dismiss in Exchange for G/NCP to 14M-257 & 14M-259 * Granted * Dismissed
Corey Michael Bell Adam Wayne Ramsey Obstructing An Officer 08.20.14 08.20.14
Bond: $15,000.00 No Contest Plea * Credit for Time Served. $50.00 Fine + $160.26 CC. 6 Month to Pay
State of West Virginia Jennifer Sue Helmick DUI > .15 08.20.14 08.29.14
Bond: $1,750.00
State of West Virginia Charlotte Austin McCune Driving Suspended/Revoked Non-DUI 3rd Offense 08.21.14
State of West Virginia Johnny Lee Howes Possession of Controlled Substance < 15 Grams 08.21.14 08.21.14
Bond: $1,500.00
State of West Virginia Thomas Edward Marks, II Driving Under The Influence 08.23.14 08.23.14
Bond: $2,000.00
State of West Virginia Thomas Edward Marks, II Possession of Controlled Substance-Hydrocodone 08.23.14 08.23.14
Bond: $2,000.00
State of West Virginia Christopher Glenn Pegg Driving Suspended/Revoked DUI 08.23.14 08.23.14
Bond: $1,000.00
State of West Virginia Stephen D. Marsh Trespassing 08.24.14 08.24.14
Bond: $1,000.00
State of West Virginia Joshua Keith Singleton Driving Under The Influence 08.25.14 08.25.14
Bond: $1000.00
State of West Virginia Autumn M. McKeown Driving Under Influence 08.26.14 08.26.14
Bond: $1,000.00
State of West Virginia Autumn M. McKeown No Proof of Insurance 08.26.14 08.26.14
State of West Virginia Ralph Gordon Petit Larceny 08.28.14 08.29.14
Bond: $1,000.00
State of West Virginia John David Clark Obscene Harassing Phone Calls 08.29.14
State of West Virginia Wayne Joseph Roberts Obtaining Too Much Pseudoephedrine 09.02.14 09.02.14
Bond: $1,000.00
State of West Virginia Wayne Joseph Roberts Conspiracy 09.02.14 09.02.14
Bond: $1,000.00
State of West Virginia Gregg Lee Marks Driving Suspended/Revoked for DUI 2nd Offense 09.01.14 09.05.14
Bond: $1,000.00
State of West Virginia Elijah Obadiah Urbanic Violation of Protective Order 09.10.14 09.10.14
Bond: $2,000.00
State of West Virginia Michael Questin Florence Possession of Firearm by Prohibited Person 09.09.14 09.10.14
Bond: $25,000.00
State of West Virginia Jerry Lee Grounds Violation of Domestic Bond 09.09.14 09.09.14
Bond: $10,000.00
State of West Virginia James Coy Blosser Driving Suspended Revoked for DUI 3rd Offense
Bond: $500.00
State of West Virginia James Coy Blosser Driving Suspended 3rd Non-DUI 09.08.14 09.08.14
Bond: $500.00
State of West Virginia Kari Dawn Ramsey Failure to Stop for School Bus 09.05.14 09.05.14
Bond: $500.00
State of West Virginia Matthew Scott Cottrill Failure to Stop for Bus 09.05.14 09.05.14
Bond: $500.00
State of West Virginia Julia A. Mollohan Driving Under The Influence 09.08.14 09.08.14
Bond: $1,000.00
State of West Virginia Julia A. Mollohan Battery on Police Officer 09.08.14 09.08.14
Bond: $1,000.00
State of West Virginia Julia A. Mollohan Reckless Driving 09.08.14 09.08.14
Bond: $1,000.00
State of West Virginia Delbert L. king Obstructing An Officer 06.05.14 09.06.14
Bond: $5,000.00
State of West Virginia James Coy Blosser Driving Suspended/Revoked Non-DUI 2nd Offense 08.28.14 09.03.14
Bond: $500.00
State of West Virginia Chase Michel Smarr Possession of Controlled Substance < 15 Grams 08.21.14 08.21.14
Bond: $1,000.00
State of West Virginia Elijah Obadiah Urbanic Stalking (5) 09.03.14 09.10.14
Bond: $1,000.00
State of West Virginia Elijah Obadiah Urbanic Phone Calls- Harassing/Obscene/Threatening (5) 09.03.14 09.10.14
Bond: $1,000.00
State of West Virginia Elijah Obadiah Urbanic Harassment by Electronic Communication Device (4) 09.03.14 09.10.14
Bond: $1,000.00
Freds Country Store Brian Pierce Bad Check 09.03.14 09.03.14
No Contest Plea Entered Fine $10.00 * CC $160.25 * BSC $25.00 * WCP $14.80 * $210.05 Six Month Payment Schedule
Freds Country Store Brian Pierce Bad Check 09.03.14 09.03.14
No Contest Plea Entered Fine $10.00 * CC $160.25 * BSC $25.00 * WCP $42.14 * $237.39 Six Month Payment Schedule
State of West Virginia Ray Larry Wallbrown Possession of Canniboids < 15 Grams 09.02.14 09.02.14
State of West Virginia RRodney Palmer McCord Suspended/Revoked Non-DUI 9th 09.02.15/td> 09.02.15
BBond: $5,000.00



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

Defendant Issued Charge(s)
James Coy Blosser 08.28.14 Driving Suspended/Revoked Non-DUI 2nd Offense
Terra Marie Poster 08.28.14 Operator’s - No Proof of Insurance
Terra Marie Poster 08.28.14 No Child Safety Seat
Dustin L. Fox 08.23.14 Speeding - Seat Belt Violation
Thomas Edward Marks 08.23.14 Driving Under The Influence
Christopher GL Peggs 08.23.14 Possession of Controlled Substance < 15 Grams
Christopher GL Peggs 08.23.14 Driving Suspended Revoked for DUI
Curtis Duvall 09.03.14 Fail to Use Due Care
Billy Reed Kerby 09.07.14 Operator’s - No Proof of Insurance



Gilmer County Sheriff Citation(s):
Defendant Issued Charge(s)
Maria Dawn Marks 08.26.14 Permitting Unauthorized
Ross Lee Marks 08.26.14 Driving Suspended/Revoked Non-DUI 2nd Offense
Autumn M. McKeown 08.26.14 No Proof of Insurance - Driving Under The Influence
Stefan Andrea Zakaib 08.28.14 Speeding
Billy Lee Beck 09.04.14 Driving Suspended/Revoked Non-DUI
Matthew S. Cottrill 09.05.14 Failure to Stop for Bus
Rodney P. McCord 09.02.14 Driving Suspended/Revoked Non-DUI
Kari Dawn Ramsey 09.05.14 Failure to Stop for Bus
Jeremy M. Spradley 09.02.14 Driving Suspended/Revoked Non-DUI 2nd Offense - Cell Phone
Kenneth Ray Young 09.03.14 Speeding



City of Glenville Citation(s):
Defendant Issued Charge(s)
Joshua K. Singleton 08.25.14 Driving Under The Influence

Gilmer County Circuit Court Report – 09.08.14

The Gilmer Free Press

On Thursday, September 04, 2014 Judge Richard A. Facemire heard a fugitive from justice case.

•  Prosecutor Gerald B. Hough and defense counsel, Clinton Bischoff, traveled to Braxton County to hear the matter of State of Ohio vs. Johnny Howes due to Bischoff going on vacation.

Howes waived to return to Ohio and authorities there have until 4:00 PM on Friday, September 12, 2014 to pick him up or Central Regional Jail will release him.



On Monday, September 08, 2014 Chief Judge Jack Alsop held Court in Gilmer County and heard a 3 page motion day docket.


•  Thirteen juvenile matters were heard and rescheduled.


•  Two fugitives from justice waived extradition back to their states.  Both were represented by Christina Flanigan of Buckhannon and Virgilio Llano waived to return to New York and Antwon Miller waived to return to Maryland.

Authorities in those states have until 4:00 PM on Wednesday, September 17, 2014 to pick up those individuals on Central Regional Jail will release them.


Two civil matters were heard and scheduled as follows:


•  DC Petroleum vs. Christopher Haymond, et al

The case had a scheduling conference and a pretrial was set for Monday, March 09, 2015 at 1:00 PM and trial is set for Tuesday, April 07, 2015 at 9:00 AM.


•  Lori Short vs. William Stalnaker

The case was before the Court on motion for summary judgment, which Judge Alsop denied.

Later a bench trial was scheduled for Tuesday, December 02, 2014 at 9:00 AM.


Finally

•  State of West Virginia vs. John Puffenbarger

The case was before the Court on a motion for evaluation to determine if he has any mental defects or is competent to stand trial.

Judge Alsop granted defense counsel, David Karickhoff’s, motion for mental exam.

GFP - 09.10.2014
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Four FCI-Gilmer Federal inmates Appear in Court for Assault with a Dangerous Weapon

The Gilmer Free Press

Four Federal prisoners received additional jail time as a result of crimes they committed while behind bars.

Roberto SOTO, age 51, Gregory PARDO, age 58, Antonio MARTINEZ-PORTA, age 38, and Ahmed JOHNSON, age 42, all inmates at the Federal Correctional Institution at Gilmer, entered pleas of guilty to “Assault with a Dangerous Weapon with Intent to do Bodily Harm.”

U.S. District Judge Irene M. Keeley sentenced PARDO, MARTINEZ-PORTA and JOHNSON to 24 months in prison and SOTO to 30 months in prison to run consecutively to their current Federal sentences.

The case was handled by Assistant U.S. Attorney David J. Perri for the government.

Gilmer County Family Court Report – 09.03.14

The Gilmer Free Press

On Wednesday, September 03, 2014 Family Court Judge Larry Whited held Court in Gilmer County.


•  One domestic violence petition was terminated.


•  One was continued and reset.


•  Five child advocate cases were heard and one had a temporary order entered. The others have not been received as of yet.

Gilmer County Circuit Court Report – 08.28.14

The Gilmer Free Press

Chief Judge Jack Alsop held Court on Thursday, August 21, 2014 hearing 3 juvenile matters.

•  He reset a motion in State of West Virginia vs. Isaac Grounds due to the prosecutor not having him transported to the hearing.

Grounds is represented by Kevin Hughart of Sissonville.

• 
On Friday, August 22, 2014 Judge Alsop heard 2 juvenile matters and took up the case of State of West Virginia vs. Isaac Grounds that was continued from the day before.

Motion was made by the state to appoint a committee to correct the titles to 2 vehicles in the case.

Judge Alsop appointed Hughart as guardian ad litem for Grounds (due to his incarceration) and ordered him to go to the DMV and correct the WV title.

Judge Alsop further directed the prosecutor to file a civil action to straighten out the title from Tennessee.



On Monday, August 25, 2014 Judge Richard A. Facemire heard a 3 page docket without taking lunch.

•  State of West Virginia vs. Johnny Howes

He was set to be heard as a fugitive from justice case.

However, Central Regional Jail neglected to transport him to the hearing.

His court date is now set for 1:15 PM on Thursday, September 04, 2014 in Braxton County due to his attorney having a scheduled vacation and needing to get it done before leaving for vacation.

Clinton Bischoff was appointed to represent him.


Two arraignments were conducted, namely:

•  Kimberly Swiger was arraigned and Andrew Chattin of Charleston was appointed to represent her.

Her bond was set at $20,000.00 and her case was continued until the November term of Court.


•  James Ash appeared by video from North Central Regional Jail and was arraigned.

A detainer will be placed on him from Gilmer County in case he is otherwise eligible for release.

Bryan Hinkle of Buckhannon was appointed to represent him and his trial was continued to the November, 2014 term of Court.


•  Five juvenile matters were heard.


Six pleas were taken and sentencings set as follows:

•  State of West Virginia vs. Traci Pyles

She pled to 2 counts, 1) attempting to operate a clandestine drug lab and 2) conspiracy.

She was represented by Timothy Gentilozzi of Clarksburg and will be sentenced on Thursday, October 02, 2014 at 10:30 AM.


•  State of West Virginia vs. Brittiny Miller

She also pled to 2 counts, 1) attempting to operate a clandestine drug lab and 2) conspiracy.

She was represented by Clinton Bischoff of Summersville and will be sentenced on Thursday, October 02, 2014 at 10:15 AM.


•  State of West Virginia vs. John Jackson

He pled to 2 counts of child concealment and will be sentenced at 10:00 AM on Thursday, October 02, 2014.

Bischoff was also his attorney.


•  State of West Virginia vs. William Cottrill

Another client of Clinton Bischoff pled to 1 count of delivery of a controlled substance and he will be sentenced on Thursday, October 02, 2014 at 9:30 AM.


•  State of West Virginia vs. Steven Gibson

He was before the Court represented by Bryan Hinkle of Buckhannon.

He pled to 1 count of delivery of a controlled substance and Judge Facemire reinstated his bond and released him from home confinement.

His sentencing will be on Monday, September 22, 2014 at 11:15 AM.


•  State of West Virginia vs. James R. Miller

He pled to 1 count of conspiracy and was also represented by Bischoff.

His sentencing will be on Thursday, October 02, 2014 at 9:45 AM.


•  State of West Virginia vs. Edward Cottrill II

The case was set for a plea but it has been rescheduled for Friday, September 19, 2014 at 9:00 AM.

He is represented by Clinton Bischoff.


•  State of West Virginia vs. Christina Marks

The case is also set for plea on the same date and at the same time (Friday, September 19, 2014 at 9:00 AM).

She is represented by Christina Flanigan of Buckhannon.


•  The trial of State of West Virginia vs. Van Ross Ramsey Sr. began at 10:50 AM after the jury was sworn and Judge Facemire read the instructions to the jury.

At 11:03 AM opening statements were made and at 11:15 AM the state called its first witness.

After the 8th witness the state rested at 3:31 PM, and Judge Facemire excused the jury to return to the Court room at 9:00 AM on Wednesday, August 27, 2014.

On Wednesday the trial resumed at 9:30 AM and the defense called 3 witnesses and rested at 1:43 PM.

The Court read the instructions to the jury until 2:10 PM and closing arguments began.

At 2:45 PM the case went to the jury, and after several questions from the jurors they decided to return on Thursday for more deliberations and at 6:30 PM Judge Facemire sent the jury home to return at 9:00 AM on August 28, 2014.

On Thursday, August 28, 2014 Court was opened at 9:08 AM and the jury continued their deliberations and after many more questions and working through the Noon hour, Judge Facemire sent the jury to lunch at 1:20 PM to resume deliberating at 2:30 PM.

At 2:30 the jury went back to their room and had other questions but kept deliberating until 3:35 PM when they returned their verdict:

Defendant was found not guilty on 2 counts, the jury was deadlocked and unable to reach a verdict on 2 counts and found Van Ross Ramsey Sr. Guilty of reckless driving (a misdemeanor).

Sentencing will be 9:00 AM on Monday, September 22, 2014.

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