GilmerFreePress.net

Court News

Court News

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

The Gilmer Free Press

The West Virginia Metro News Report:

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

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

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

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

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

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

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

~~  Aaron Payne ~~

GFP - 07.21.2014
CommunityGilmer CountyGlenvilleCourt NewsEntertainmentTV & RadioNewsArrests(14) Comments

Permalink - Link to This Article

~~~ Readers' Comments ~~~


Is this the same joker that ran on the platform of   “common sense for the common man”?

By vote him in again  on  07.22.2014

What gives people??
According to other posts he was driving on a revoked/suspended license??
This is now how many arrests for him??
Most citizens arrested like this go straight to being booked and jailed…....yet he walks on a personal recognizance bond?
Its not right people??
And we will get him for 6 more years as a commissioner??

By doing GC proud  on  07.22.2014

The law use to be if you were drinking and driving you went to jail for 24 hours and license were took away. Then you had to take classes to get them back and go to AAA meetings to. Does this law only go for a few people and not all. He could of killed his self or some one else. What is wrong with the people of Gilmer county, don’t you care any more? And the people we elected to hold up the law, give them a slap on the wrist and that is it. He could of killed one of your children or you. Would you not care? Even if you know the person who is arrested, they should get the same treatment as the rest of the people. Just because he is a commissioner doesn’t mean a thing when it comes to some ones life. Think about it.

By Betty  on  07.22.2014

Nothing will happen.  Just watch.  And I sincerely doubt his alcohol level was ONLY that low if the officer was clearly able to recognize alcohol on his breath.  Kennedy has his bread buttered and he knows it, and he’s going to slide right out of this.  It’s how they do it in Gilmer County.

By Watch and see  on  07.22.2014

Not hard to figure what’s up here. Seems about every big shot official in this county goes after election to be entitled, pompous,lazy, self serving and more than willing to stay in the dark for any size paycheck. Not just Kennedy.  He’s just easy to catch.  There’s some with more responsibility willing and working to put this county under who do most all their shameful shenanigans behind closed doors.

By They'll See He Walks Scott Free  on  07.22.2014

Think about this:  Ramsey gone.  He was smartly manipulated out of the court house?
How soon will he be off the political scene?
Did he get snookered?  How long until he is gone from the Rec Center?
Kennedy?  Was he set up too?  Is this how he gets his walking papers?
Is there an underground house cleaning taking place?

By anyone want to guess  on  07.23.2014

How many of those closed door meetings went on about this?  Was the first phone call to his Uncles Butcher or his handlers? Question is who would get the political benefit to try and put him out after the primary election and the Ramsey mess. History shows the biggest turd will float to the top of the cesspool of power grabbers in Gilmer County and get voted in by hook or crook.

By Set Up? Easy to Believe  on  07.24.2014

Can it be verified whether or not he received the exact same treatment by the legal system as any other citizen would have? If he received special treatment that needs to be exposed.

By SOWay  on  07.24.2014

Can the GC Democrat party be proud of either Ramsey or Kennedy?
Will the president get dumped soon after the November election?
Will the party machine -suggest- he resign?
This can all be speculated, and more besides.
If the set up - fix is in?  Who will the next -yes-(w0)man- be?​
Here come Carol or Reta?

By Lord help Land of Gil  on  07.25.2014

LhLoG and SOway-  Can you hear Sueeeee! while the takers run to the trough. Stand back or you’ll get trampled.  Will the shot callers sacrifice a family favorite?  Not unless the pressure gets too heavy but you are probably right about who is standing in line watching, waiting and likely praying for the fall. Knowing how much they say they’ve done for us all how could it be any different?

By Let The Games Begin!  on  07.25.2014

Just curious is just curious as to why The Glenville Democrat/Pathfinder did not put anything in this weeks news paper about Gilmer County Commissioner President, Brian Kennedy, being arrested for another DUI except for the little piece put in the court news section.  I would think this would be more news worthy than some of the other articles or pictures that could have been run at a later date if space in the paper were the reason. The Calhoun Hur Herald wrote a article about it, it was on the news stations on TV, was on Gilmer Free Press but no where to be found in the weekly paper that the people of Gilmer County read to get the current news happenings Why is that?

By just curious ???  on  07.25.2014

Gilmer County citizens need to visit Magistrate Wolfe and get a straight story on the Commissioner’s Arrest.  Then post it and say what has been told is either wrong or correct.

By Set The Record Straight  on  07.26.2014

to just curious ???
I guess you can call your local newspapers the source of BIASED NEWS and NOT THE TRUTH

By here is your answer  on  07.26.2014

Since the gilmer commission is in a bad financial shape, they have asked the sheriff not to send the offenders to jail because they can’t afford the jail bill. You can say the decision paid off in this case. Does this send a good message to criminals in gilmer county? Do what you want and don’t worry about going to jail. Should the law enforcement and our elected law enforcement be told what to do by the very one who disobey the laws? This does not add up.

By the truth is......  on  07.26.2014

Leave a CommentPrint This Article


LEWIS COUNTY MAN PLEADS NOT GUILTY

The Gilmer Free Press

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

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

The defense also filed a motion to dismiss the case.

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

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

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

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

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

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

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

Two Charged in 1999 Disappearance of Two WV Women

The Gilmer Free Press

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

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

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

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

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

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

Their bodies have not been found.

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

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

He is awaiting sentencing.

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

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

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

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

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

Jail records did not indicate whether Metz has an attorney.

West Virginia Agency Appeals Judge’s Pay Raise Directive

The Gilmer Free Press

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

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

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

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

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

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

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

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

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

Mountain State Justice represents employees and patients at both hospitals.

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

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

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

Gilmer County Magistrate Court Report - 07.16.14

The Gilmer Free Press

Civil Case(s):

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



The Gilmer Free Press
Misdemeanor Case(s):

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



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

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

Lewis County Grand Jury Indicts 37 People

The Gilmer Free Press

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

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


Those indicted Tuesday include:


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

Gilmer County Circuit Court: Smith Jury Trial End

The Gilmer Free Press

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

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

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

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

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

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

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

Smith was represented by David Karickhoff of Sutton.

Gilmer County Circuit Court Report – 07.14.14

The Gilmer Free Press

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


Four juvenile matters were heard and reset as follows:

•  Friday, July 25, 2014 at 2:30 PM

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

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

•  Friday, August 22, 2014 at 1:30 PM


•  State of West Virginia vs. Isaac Grounds

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

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

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


•  State of West Virginia vs. Patrick Collins

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

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

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


•  One civil matter was settled prior to hearing.


•  State of West Virginia vs. Derrick Stalnaker

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

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

Gilmer County Circuit Court Report – 07.11.14

The Gilmer Free Press

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

He heard pretrial motions in 4 criminal cases:


•  State of West Virginia vs. Kimberly Demastus

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

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

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

Demastus is represented by Mark Hudnall of Summersville.


•  State of West Virginia vs. Daniel John McCormick

He was before the Court represented by Jeff Davis.

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

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

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


•  State of West Virginia vs. William Clavel Smith

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


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

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

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


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

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

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

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


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


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


•  State of West Virginia vs. Steven Ray Gibson

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

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


•  State of West Virginia vs. William Wayne Cottrill

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

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


•  State of West Virginia vs. Joe Williams III

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


•  State of West Virginia vs. John Walton Jackson

He appeared with Clinton Bischoff his attorney.

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


•  State of West Virginia vs. Dwight William Bullough

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


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

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

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


•  State of West Virginia vs. James C. Miller

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


•  State of West Virginia vs. Brittany D. Miller

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

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


•  State of West Virginia vs. Clayton McCune

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

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


•  State of West Virginia vs. James Royce Miller

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


•  State of West Virginia vs. Traci Pyles

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

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


•  State of West Virginia vs. James Randell Bailey

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


•  State of West Virginia vs. John Patrick Paletta

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

Moffatt also represents Paletta.


•  State of West Virginia vs. Kimberly Swiger

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


•  State of West Virginia vs. James Lee Ash

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


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

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

Haycock was also represented by Bischoff.

Gilmer County Magistrate Court Report - 07.08.14

The Gilmer Free Press

Civil Case(s):

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



The Gilmer Free Press
Misdemeanor Case(s):

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



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

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



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

 

Gilmer County Grand Jury Returns 16 Indictments on 07.08.14

The Gilmer Free Press

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


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


•  State of West Virginia vs. Steven Ray Gibson

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


•  State of West Virginia vs. William Wayne Cottrill

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


•  State of West Virginia vs. Joe Williams III

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


•  State of West Virginia vs. John Walton Jackson

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


•  State of West Virginia vs. Dwight William Bullough

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


•  State of West Virginia vs. Edward Gerald Cottrill II

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


•  State of West Virginia vs. Christina Ann Marks

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


•  State of West Virginia vs. James Christopher Miller

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


•  State of West Virginia vs. Brittiny Denise Miller

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


•  State of West Virginia vs. Clayton James McCune

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


•  State of West Virginia vs. James Royce Miller

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


•  State of West Virginia vs. Traci Nichole Pyles

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


•  State of West Virginia vs. James Randell Bailey

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


•  State of West Virginia vs. John Patrick Paletta

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


•  State of West Virginia vs. Kimberly Jean Swiger

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


•  State of West Virginia vs. James Lee Ash

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


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

GINGER PERSINGER FOUND NOT GUILTY

The Gilmer Free Press

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

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

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

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

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

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

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

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

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

Gilmer County Magistrate Court Report - 07.01.14

The Gilmer Free Press
Civil Case(s):

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



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

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



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

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



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



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


Gilmer County Magistrate Court Report - 06.25.14

The Gilmer Free Press
Civil Case(s):

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



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

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



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

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



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

Gilmer County Circuit Court Report – 06.23.14

The Gilmer Free Press

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


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

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

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


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


•  State of West Virginia vs. Ginger Persinger

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

She is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Michael Pumphrey

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

Pumphrey was represented by Christopher Pritt of Charleston.



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


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

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


•  State of West Virginia vs. Judy Gillespie

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

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

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

She was also represented by Christina Flanigan.


•  Five juvenile matters were heard and reset as follows:

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


•  Two names changes were granted.


•  State of West Virginia vs. Jeremy Harris

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

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

Harris was represented by Clinton Bischoff of Summersville.


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

Gilmer County Family Court Report – 06.18.14

The Gilmer Free Press

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


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

Federal Grand Jury Returns Indictments Involving Area Residents

The Gilmer Free Press

A Federal grand jury in Elkins returned involving area residents.

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

Each face up to 5 years in prison.

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


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

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

THOMPSON faces up to 10 years in prison.

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

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


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

Gilmer County Circuit Court Report – 06.13.14

The Gilmer Free Press

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



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


•  Stonewall Jackson Memorial Hospital vs. Joshua Singleton

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


•  Stonewall Jackson Memorial Hospital vs. Matthew Smith

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


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

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

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

Gilmer County Family Court Report – 06.11.14

The Gilmer Free Press

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

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


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


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

Area Individuals Sentenced in Federal Court

The Gilmer Free Press

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


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

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

This case was investigated by the West Virginia State Police.


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

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

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

Lewis County: Guilty Plea Entered in Murder of Infant

The Gilmer Free Press

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

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

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

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

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

Gilmer County Magistrate Court Report - 06.06.14

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

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

Animal Cruelty

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



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

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



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



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

Gilmer County Circuit Court Report – 06.09.14

The Gilmer Free Press

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



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

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



On Thursday, June 05, 2014:

•  State of West Wirginia vs. Mose Chadwell

He was before the Court for entry of a plea.

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

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

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


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


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



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

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

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

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

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

Gilmer County Family Court Report – 06.04.14

The Gilmer Free Press

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


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


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

WEST VIRGINIA SUPREME COURT OF APPEALS AFFIRMS $14 MILLION JUDGMENT AGAINST CASHCALL

The Gilmer Free Press

Morrisey: This case has been very important to a number of West Virginia
consumers who patiently waited for it to work through the appellate process.

Attorney General Patrick Morrisey today announced that the West Virginia Supreme Court of Appeals recently affirmed a $13.8 million judgment against California-based lender CashCall Inc. and upheld the awarding of more than $440,000 in attorneys’ fees and costs to the Attorney General’s Office.

The ruling by the Supreme Court came more than a year after CashCall and its President/CEO J. Paul Reddam appealed three orders entered by the Kanawha County Circuit Court that found the company engaged in abusive debt collection, violated state lending laws and had to reimburse the state for attorneys’ fees. The May 30 memorandum opinion by the Court said CashCall violated debt collection laws in the state, that it was a true lender in a “rent-a-bank” scheme and that the civil penalties levied upon the company were appropriate.

“This case has been very important to hundreds of West Virginia consumers who patiently waited for it to work through the appellate process,” Attorney General Morrisey said. “This ruling by the Supreme Court confirms that the debt collection activity was unlawful, the loans were unlawful, and the Circuit Court appropriately canceled the loans and imposed stiff civil penalties for CashCall’s conduct.”

According to court documents, CashCall sold predatory loans in West Virginia with interest rates of up to 99 percent APR, which is a violation of the state’s usury laws.  When consumers defaulted, CashCall used abusive and harassing collection techniques.

“CashCall used the ‘rent-a-bank’ model to attempt to skirt West Virginia’s consumer protection laws,” Morrisey said. “The trial court found, and the Supreme Court affirmed, that usurious interest rates will not be tolerated in West Virginia, regardless of how cleverly the lenders arrange their business to make it look legitimate.”

The Office of Attorney General alleged that CashCall partnered with a bank to make it appear as though the bank was the lender, when, in fact, CashCall marketed and sold loans, as well as provided funding and collected on those loans.  The Office alleged CashCall “rented” the bank’s name and charter to avoid certain state regulations.

In the original complaint, CashCall was accused of soliciting consumers to take out high interest loans from a state-chartered bank in South Dakota.  When consumers could not repay the loans, CashCall engaged in various unlawful debt collection activities, including placing numerous calls to consumers, employers, and other third parties.

Any persons wishing to file a complaint about a consumer matter or to alert the Attorney General about unfair or deceptive practices may do so by calling the Consumer Protection Hot Line, 1.800.368.8808, or by obtaining a complaint form from the consumer web page at www.wvago.gov.

The decision can be found on the West Virginia Supreme Court of Appeals website, www.courtswv.gov/supreme-court/opinions.html. It is case number 12-1274.

Veteran Charged with Falsely Claiming More Than $480,000 in Benefits

The Gilmer Free Press

A Bridgeport, WV, man has been charged with falsifying documents in order to enhance his Veteran’s Administration (VA) disability benefits, as well as fraudulently obtaining controlled substances from the VA.

United States Attorney William J. Ihlenfeld, II announced that Thomas Cueto, age 65, was indicted on one count of theft of government funds and nine counts of obtaining controlled substances by fraud.

Cueto, who served in the U.S. Army from 1969, to 1972, including time spent in Vietnam, was awarded disability benefits in 1999 for service-connected post-traumatic stress disorder.  Since 1999, Cueto has collected more than $480,000 in VA benefits.

The Indictment returned today alleges Cueto falsely claimed on his Report of Discharge from the Armed Forces of the United States (also known as a “DD-214”) to have earned the following awards: a Combat Infantry Badge, Bronze Star with V-Device, Purple Heart and Vietnamese Cross of Gallantry. It’s also alleged that Cueto submitted a counterfeit Purple Heart certificate and other misleading documents to show he was injured in combat.

Cueto is also alleged to have misled VA medical personnel in order to obtain Methadone HCL and Hydrocodone, both of which are Schedule II controlled substances.  He was allegedly receiving narcotics from private medical providers, but advised VA medical personnel he had not previously received the drugs from any other source.  The Indictment alleges Cueto was fraudulently obtaining the narcotics between 2010 and 2012.

The case will be prosecuted by Assistant U.S. Attorneys Brandon S. Flower and Andrew R. Cogar.

Cueto faces up to 10 years in prison on the theft of Government funds charge and up to 4 years on each of the controlled substance violations. The U.S. Attorney’s Office is seeking a money judgment against Cueto in the amount of $480,000.

Under the Federal Sentencing Guidelines the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

G-Comm™: Hoppy’s Commentary - Innocence Project Loses WV Case

image

The Innocence Project, a nationwide campaign to represent people who may have been falsely convicted, has lost the first round in its fight to free Joseph Anthony Buffey.  The Clarksburg man is serving 70 years in prison after pleading guilty to the 2001 rape and robbery of the 83-year-old mother of a Clarksburg police officer.

Harrison County Circuit Court Judge Thomas Bedell, who presided over Buffey’s original case, rejected the arguments on behalf of Buffey, concluding that, among other things, Buffey has “buyer’s remorse” over his guilty plea.

Buffey was a 19-year-old high school dropout and petty criminal at the time of the crime.  Innocence Project attorney Al Karlin says Buffey confessed to the attack after an eight-hour interrogation, but later retracted his statement.

The crime was particularly heinous. The elderly woman, who lived alone, was robbed then raped several times.

The Innocence Project’s primary argument now, however, is that recent DNA testing shows Buffey was not the attacker.  Instead the fluids left behind belong to another man, Adam Bowers, who is currently incarcerated for an unrelated offense. Bowers is now awaiting trial for the 2001 crime.

Harrison County Assistant Prosecutor David Romano argues that, while the DNA identifies Bowers as the attacker, it does not necessarily exonerate Buffey.  Prosecutors say DNA testing shows there was more than one man at the scene, an argument the defense refutes.

Judge Bedell gave the case a thorough review–three full days of testimony and over 10,000 pages of documents—before reaching his decision.  The judge pointed out that Buffey could have gone to trial or waited for results of an earlier DNA test, but instead he accepted a plea agreement and admitted his guilt.

Romano agrees.  “If he had wanted to stand trial, he had the opportunity.”

But Karlin says it’s not that simple.  “There is real evidence that innocent people plead guilty much more often than people would like to believe, often out of fear that if they go ahead with the trial even worse things will happen to them.  That’s what happened in this case.”

The case isn’t over.  Karlin says the Innocence Project will appeal to the state Supreme Court.  As for Buffey, Karlin says “He’s fighting to retain his optimism.”

But as Judge Bedell’s review demonstrated, courts are naturally suspicious when a defendant changes his story and are reluctant to set aside a guilty plea, even when there is new evidence.

Gilmer County Circuit Court Report – 05.28.14

The Gilmer Free Press

There were no cases heard in Circuit Court the week of May 19, 2014 due to the Judges attending a judicial conference.


Tuesday, May 27, 2014 was Judge Richard A. Facemire’s regular monthly motion day and he handled several cases.


•  State of West Virginia vs. Jeremy Harris

He was represented by Clinton Bischoff of Summersville.

He was before the Court for further sentencing after being returned from Anthony Center to the Central Regional Jail.

After hearing, the representations of Harris that he wanted auto or welding vocational courses there and was denied.

Judge Facemire ordered him returned to Anthony Center (for Youthful Offenders) for 6 months to 2 years and directed they provide him with the vocational opportunities in the field he was interested in.

He must pay court costs, but no fine, within 18 months of his release.


Three juveniles were heard and reset as follows:

•  Monday, June 23, 2014 at 9:40 AM

•  Monday, August 25, 2014 at 9:00 AM

•  Monday, June 23, 2014 at 9:50 AM


•  State of West Virginia vs. Tiffany Mayo

She was represented by Daniel Grindo of Gassaway.

She was before the Court asking for her bound over cases to be dismissed, and Judge Facemire dismissed them without prejudice and upon entry of the order she will be released from bond and home confinement in Lewis County.


•  One infant guardianship and 2 adoptions were granted.


•  Heather Patterson was before the Court for early release of a structured settlement and the Court granted the same.


•  State of West Virginia vs. Virginia Richards Sears

She was before the Court, with her attorney, Christina Flanigan of Buckhannon for violating her probation.

After admitting part of the petition filed against her, she asked for probation and/or home confinement to be granted to her, which motion Judge Facemire denied stating he felt she was in need of correctional treatment.

He then sentenced her to 1-5 in the penitentiary and ordered she pay court costs within 18 months of her release and restitution at a rate of $100.00 per month by the 5th day of the month after she is released.

She was not assessed any fines.



On Wednesday, May 28, 2014 Chief Judge Jack Alsop held Court in Glenville.


•  A juvenile matter was heard and reset for Monday, June 09, 2014 at 11:20 AM.


•  State of West Virginia vs. John Edgar Phillips

He was represented by David Karickhoff of Sutton, failed to appear for a revocation of probation hearing and after Deputy Sheriff John Moss called his name 3 times in open Court.

Judge Alsop directed the Clerk to issue a bench warrant for Phillips and for him to be placed in CRF with no bond set.


Five criminal cases were set for pre-trial hearings and were resolved as follows:


•  State of West Virginia vs. David C. Wise

He pled guilty to count 2 of the indictment handed down against him previously, charging failure to provide change in information regarding registering as a sex offender.

Count 1 was dismissed by the state and a presentence will be conducted by the probation officer and he will be sentenced at 1:30 PM on Friday, July 25, 2014.

Wise was represented by Christina Flanigan.


•  State of West Virginia vs. Isaac Charles Grounds

He was represented by Kevin Hughart of Sissonville

He pled guilty to grand larceny and will be sentenced at 9:30 AM on Monday, July 14, 2014.


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

He was before the Court represented by Daniel Grindo.

After hearing several motions Judge Alsop granted a continuance of his trial until next term.


•  State of West Virginia vs. Ginger Persinger

She was represented by Daniel Grindo.

She had her pre-trial reset for Thursday, June 19, 2014 due to unavailability of a witness and her trial is now set for Tuesday, June 24, 2014.


•  State of West Virginia vs. Mose Allen Chadwell

He was before the Court and his attorney Bryan Hinkle.

He appeared by ‘phone and related to the Court that his client had been offered a plea deal and would likely accept it.

Judge Alsop then set the matter for Thursday, June 05, 2014 at 9:00 AM for entry of a plea.


•  Two juvenile matters were heard and reset for Tuesday, June 03, 2014 at 9:00 AM and Monday, August 11, 2014 at 9:10 AM.

Gilmer County Family Court Report – 05.28.14

The Gilmer Free Press

Several matters were heard in Family Court in Gilmer County on Wednesday, May 28, 2014 with all of them being continued and 1 being dismissed.

Barbour County: 22 indicted by Grand Jury

The Gilmer Free Press

The Barbour County has returned indictments against 22 persons in the May 2014 term.

The following list was provided by Barbour County Prosecuting Attorney Leckta L. Poling.

Arraignments will be held at 9:00 AM on June 10, 2014.

1. Travis Lee Adams, of Philippi, was indicted on operating or attempting to operate a clandestine drug lab, possession of substances to be used as a precursor to make meth, exposure of a child to meth manufacturing, and conspiracy charges.

2. James Scott Alexander, of Moatsville, was indicted on a malicious wounding charge.

3. Shelia Eillein Arbogast, of Beverly, was indicted on four counts of forgery and four counts of uttering.

4. Matthew Lewis Ball, of Clarksburg, was indicted on breaking and entering, petit larceny, grand larceny, destruction of property, and conspiracy charges.

5. Vincent Gregory Baisi, of Belington, was indicted on breaking and entering, conspiracy, and attempted burglary charges.

6. Robert Edward Bulakto, of Philippi, was indicted on a third degree sexual assault charge.

7. David Scott Croston, of Clarksburg, was indicted on operating or attempting to operate a meth lab, possession of substance to be used as precursor to make meth, exposure of a child to making meth, and conspiracy charges.

8.Mitchell Allen Duckworth, of Philippi, was indicted on burglary, conspiracy, and petit larceny charges.

9. Charles Darrel George, of Belington, was indicted to failing to register as a sex offender.

10. Andrew Llewelyn Johnson, III, of Philippi was indicted on aider and abettor to breaking and entering, burglary, conspiracy, destruction of property, and petit larceny charges.

11. Gary Michael Marsh, of Philippi, was indicted on a third offense DUI charge.

12. Christa Lynn Marshall, of Philippi, was indicted on an embezzlement charge.

13. Monie Jo Mayle, of Canton, Ohio, was indicted on destruction of property and conspiracy charges.

14. Ronald Christopher Posten, of Belington, was indicted on three counts of third degree sexual assault charges.

15. Charles Anthony Schillinger, of Canton, Ohio, was indicted on two counts of destruction of property and conspiracy charges.

16. Kelly Jo Skidmore, of Junior, was indicted on possession of a controlled substance by fraud and conspiracy charges.

17. Michelle Renee Skidmore, of Belington, was indicted on possession of a controlled substance by fraud and conspiracy charges.

18. Janel Marie Sturm, of Baden, Pennsylvania, was indicted on driving under the influence of a controlled substance or drugs causing death and child neglect resulting in death charges.

19. Donald Lynn Sullivan, of Volga, was indicted on possession of a controlled substance with intent to deliver and driving under the influence charges.

20. Russel John Tingler, of Philippi, was indicted on possession of a controlled substance with intent to deliver and possession of a controlled substance charges.

21. James Christopher Wellman, of Clarksburg, in breaking and entering, petit larceny, grand larceny, destruction of property, and conspiracy charges.

22. Brianna Morgan Witek, of Belington, was indicted on possession of a controlled substance by fraud and conspiracy charges.

Click Below for additional Articles...

Page 1 of 33 pages  1 2 3 >  Last »








The Gilmer Free Press

Copyright MMVIII-MMXIV The Gilmer Free Press. All Rights Reserved