Court News

G-otcha™: Two FCI-Gilmer Individuals Sentenced on Escape Charge

The Gilmer Free Press

Two individuals who were convicted on March 22, 2012, by a Clarksburg jury were sentenced on October 05, 2012, in United States District Court in Clarksburg by Judge Irene M. Keeley.

HARVEY BREWER,  age 40, an inmate at FCI Gilmer was sentenced to 15 months imprisonment to run concurrent with the 120-month sentence he is currently serving and TASHA SHELEKA SAUNDERS, age 33, of Baltimore, Maryland, was sentenced to 12 months and 1 day imprisonment.

BREWER was convicted of escape and SAUNDERS was convicted of aiding and abetting the escape of BREWER from FCI Gilmer on August 28, 2010, where he was in confined at the direction of the Attorney General upon a conviction in the District of Maryland for the offense of conspiracy to distribute and possess with intent to distribute heroin.

The Court found that both defendants committed extensive perjury when they testified at trial.

BREWER was remanded to the custody of the United States Marshal and SAUNDERS, who is on bond, will self-report to the designated Federal institution on January 11, 2013.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the West Virginia State Police-Glenville detachment and the Federal Bureau of Investigation and the Federal Bureau of Prisons.

G-otcha™: Shock, WV Resident Enters Plea to Methamphetamine Charge

The Gilmer Free Press

A 37 year old Shock, West Virginia,  resident entered a plea of guilty on October 05, 2012, in United States District Court in Clarksburg before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that: DANIEL RAY KING entered a plea of guilty to Possession of Material used in the Manufacture of Methamphetamine on February 01, 2012, in Gilmer County, West Virginia.

KING, who is on bond pending sentencing, faces a maximum exposure of 10 years imprisonment and a $250,000 fine.

The case was prosecuted by Assistant United States Attorney Stephen D. Warner and was investigated by the West Virginia State Police.


The Gilmer Free Press

Chesapeake Appalachia, LLC (hereinafter “Chesapeake”) entered pleas of guilty today in federal court to three violations of the Clean Water Act related to natural gas drilling activity in Northern West Virginia, according to United States Attorney William Ihlenfeld, II.

Chesapeake pled guilty to three counts of “Unauthorized Discharge into a Water of the United States” in that it discharged sixty (60) tons of crushed stone and gravel into Blake Fork, a water of the United States, on at least three different occasions in December of 2008. Chesapeake also admitted that after discharging the stone and gravel that it then spread the material in the stream to create a roadway for the purpose of improving access to a site associated with Marcellus Shale drilling activity in Wetzel County, West Virginia.

“Our nation’s wetlands play a critical role in maintaining water quality, reducing flood damage, and providing habitat for fish and wildlife,” said David G. McLeod, Jr., Special Agent in Charge of EPA’s criminal enforcement program in West Virginia.  “The defendant illegally filled at least three sensitive wetlands; in one instance, obliterating a natural waterfall.  This plea agreement demonstrates that those who illegally fill in or destroy these essential natural resources will be prosecuted.”

The plea agreement calls for Chesapeake to pay a fine of $200,000 for each conviction, for a total fine of $600,000.  It also requires that Chesapeake be placed onto probation for two years and be under the supervision of the Court during that time period.

Additionally, the parties have agreed that separate violations committed by Chesapeake and occurring in connection with impoundments constructed in Marshall and Wetzel Counties would be addressed by civil penalties and not via criminal charges.

The Clean Water Act, also known as the Federal Water Pollution Control Act, was enacted by Congress to restore and maintain the integrity of the Nation’s waters.  It prohibits the discharge of any pollutant from a point source into the waters of the United States without a permit.  Discharges of dredged or fill material into waters of the United States are prohibited unless authorized by a permit issued by the U.S. Army Corps of Engineers.

Chesapeake violated the Clean Water Act when, in 2008, it selected the location for an access road to a site associated with its drilling activities, hired construction contractors to discharge and spread rock and gravel in Blake Fork in order to develop access to the Hohman Pit, and supervised and directed the work of the construction contractors. These contractors hired by Chesapeake discharged gravel from dump trucks into Blake Fork, also known as Blake Run, on at least three separate and distinct occasions.

Chesapeake’s contractors, under the supervision of a Chesapeake employee, subsequently used bulldozers to spread the 60 tons of gravel in Blake Fork to develop access to the Hohman Pit in order to facilitate Marcellus Shale gas drilling activities. Chesapeake failed to obtain a Clean Water Act permit prior to this discharge.

Chesapeake Appalachia, LLC, is a wholly owned subsidiary of Chesapeake Energy Corporation.

The case was investigated by the U.S. Environmental Protection Agency, Criminal Investigation Division.  It is being prosecuted by David Perri, Assistant United States Attorney.

Doddridge County: Triple Murder Now An Adult Case

The Gilmer Free Press

A Doddridge County teenager charged in the shooting deaths of his father, mother and younger sister will be tried as adult.

The Gilmer Free Press

Doddridge County Circuit Court Judge Tim Sweeney transferred the case of Joseph Spencer, age 16, to adult status on Wednesday, October 03, 2012.

Spencer allegedly killed his family on Labor Day.

The defendant, a junior at Doddridge County High School, is facing three counts of first degree murder.

Killed in that shooting were Fred and Dixie Spencer and their 9-year-old daughter Patience.

They were found in their home in West Union on September 03, 2012.

Investigators have never revealed a motive behind the triple-homicide.

In fact, they have released few details into the crime.

Joseph Spencer could face a grand jury as early as this month.

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Plea Deal in Works for Massachusetts Woman Who Posed as Boy, Allegedly Had Sex with WV Girl

The Gilmer Free Press

A Massachusetts woman accused of posing as a 17-year-old boy to prey on a West Virginia girl intends to enter a plea next week in federal court.

U.S. Magistrate John Kaull entered an order Monday scheduling a Wednesday, October 10, 2012 hearing for 25-year-old Carissa Hads of Quincy, MA.

The document says she has entered a plea agreement with the government, but it does not specify details.

Hads’ public defender did not immediately respond to a message seeking comment.

Hads previously pleaded not guilty to one count of traveling in interstate commerce to engage in illegal sexual conduct.

Investigators say Hads pretended to be a 17-year-old boy and began an online relationship with the girl in 2010.

She visited the Linn, West Virginia teen at least three times and had a sexual encounter in February.

Doddridge County: Court Addresses Surface Owner Appeal Rights Involving Marcellus Shale Gas Wells

On September 25, 2012, the West Virginia Supreme Court of Appeals entertained oral arguments in the case of James Martin, Director v. Matthew L. Hamblet, Docket No. 11-1157.

This appeal arises from a ruling issued by the Circuit Court of Doddridge County, West Virginia, finding in favor of Mr. Hamblet, the owner of the surface of land on which EQT Production Company proposes to drill a horizontal well targeting the Marcellus Shale formation.

EQT was granted a permit by the West Virginia Department of Environmental Protection (WVDEP) to drill the well on Mr. Hamblet’s property, and the circuit court determined (over the objections of EQT and the WVDEP) that he has the right to appeal that permit in court.

Unlike other environmental/ regulatory programs that typically grant comment and appeal rights to any person who can claim to be “adversely affected” by the issuance of a permit, the statutes in West Virginia governing the issuance of drilling permits for shallow and deep gas wells provide objection and appeal rights only to coal owners and operators who may be affected by the drilling that would take place under such a permit.

The Gilmer Free Press

Further, the main focus of those types of appeal proceedings is on ensuring the safety of mining operations that may occur in proximity to well drilling or fracturing.

Surface owners, on the other hand, are generally granted the right to comment on permit applications – and such comments must be considered by the WVDEP prior to making a decision on a permit application – but are not vested with the right to object or appeal the issuance of such a permit to any administrative appeals body or otherwise.

Surface owners of land on which a gas well is drilled are, however, granted certain statutory rights to compensation for damages caused by drilling operations undertaken after a permit is issued, in addition to common law rights of action that are specifically preserved by West Virginia statute.

In Hamblet, the Circuit Court of Doddridge County based its determination that a surface owner has a right to appeal a drilling permit on the per curiam (“by the court,” unpublished) decision of the West Virginia Supreme Court in State Ex. Rel. Lovejoy v. Callaghan, issued in 2002. In Lovejoy, the Supreme Court denied a petition for a writ of mandamus filed by a surface owner who sought to force the WVDEP to revoke a previously-issued exploratory deep well permit.

That denial was based on the Court’s finding that a specific provision in the West Virginia gas well statute provided the petitioner in that case with a right to administratively appeal that permit. Because that administrative appeal route had not been pursued, under well-established legal principles a writ of mandamus was deemed to be unavailable to the petitioner.

The Doddridge County Circuit Court’s reliance on Lovejoy, however, is problematic for several reasons.

First, the West Virginia Constitution and applicable jurisprudence dictates that a per curiam decision of the West Virginia Supreme Court has no precedential value and may not be relied upon in establishing a new principle of law.

Second, the opinion in Lovejoy cited an inapplicable provision within the West Virginia gas well permitting statute that, simply stated, does not stand for the proposition for which it was cited.

Third, even if Lovejoy had been properly decided and could be given controlling weight, it addressed a deep well drilling permit.

There is an entirely separate statutory procedure that applies to the issuance and appeals of permits for the drilling of wells into shallow gas formations, and (by definition) the Marcellus Shale formation is considered to be a shallow gas formation.

In allowing four different lawyers (two on each side of the dispute), to make presentations and answer questions, the West Virginia Supreme Court touched on all of these arguments (and others) during oral arguments that were held in the Hamblet appeal on the afternoon of September 25, 2012.

Further, the Court explored with the parties the notion that an owner of surface lands like Mr. Hamblet, who purchased his property rights after the mineral estate had been severed from the surface, should be recognized as having a Constitutional due process right to appeal the issuance of a well drilling permit.

In this regard, some members of the Court expressed varying degrees of sympathy for surface owners like Mr. Hamblet, who are given the right to comment on a proposed permit but may not thereafter appeal its issuance, and who may not be entitled to any royalties from gas production occurring beneath his property.

In the final analysis, however, it appeared that a majority of the Court recognized that this dispute centers on Mr. Hamlet’s real property rights rather than the WVDEP permitting system, and in granting Mr. Hamblet permit appeal rights the circuit court was actually simply enhancing his property rights.

Indeed, if the activities undertaken on the surface of his land pursuant to the WVDEP permit exceed those that EQT is entitled to undertake under the relevant property right conveyances, then regardless of the existence and terms of the permit Mr. Hamlet would have the right to seek injunctive and/other relief in circuit court on that basis.

In addition, the Supreme Court justices seemed to recognize that in order to sustain Mr. Hamlet’s constitutional challenge, the Court would have to strike down much of West Virginia’s oil and gas statutes on the same ground.

Again, though it is always difficult to predict the outcome of an appeal based upon the nature and tenor of oral arguments, it would be quite a surprise if the West Virginia Supreme Court was to affirm the Doddridge County Circuit Court’s opinion on this basis.

A written decision in the Hamblet case (presumably, one that will be published and therefore carry precedential weight) can be expected within the next few months.

Obviously, the outcome of this closely-watched case may have a significant effect on current Marcellus well permitting in West Virginia. Beyond that, the briefing and arguments raised with the Court could conceivably affect future legislative reform efforts, and the Court’s opinion will be worth reading from that perspective as well.

~~  Dinsmore & Shohl LLP ~~

OddlyEnough™: WV Man Says He Killed Girlfriend for Waking Him

Imprisonment Status:  Convicted Felon
Full Name: Pauley,  Eric  Brian
Height: 5’  11”
Weight: 165 lbs.
Birth Date: 05.20.1962
Gender: Male
Booking Date: 09.18.2011
Facility: Western Regional Jail
Imprisonment Status: Convicted Felon

Offender Court Order Information

Court Info Number Issuing Agency Location
11F-402  PUTNAM COUNTY COURT - Bail Amount: $0.00           

He is sentenced to life in prison after telling a judge he shot and killed his girlfriend last year because she interrupted his sleep.

Fifty-year-old Eric Brian Pauley pleaded guilty to first-degree murder on Friday, September 29, 2012 in Putnam County Circuit Court.

Pauley told Judge Phillip Stowers that he shot 52-year-old Debra Rosiek at their Winfield trailer in September 2011 because he was mad that she woke him up in the middle of the night.

Stowers questioned Pauley’s state of mind during the hearing.

Stowers then accepted a plea agreement that called for Pauley to serve life in prison with the possibility of parole after 15 years.

He already has served more than one year behind bars.



Braxton County Attorney Gets Probation For Embezzlement

The Gilmer Free Press

The WV Record Reports:

A Braxton County attorney will remain a free man after admitting to embezzling nearly $75,000 from a trust account he was appointed to oversee.

Thomas J. Drake on September 13, 2012 was indicted via information on a single charge of embezzlement. According to the indictment, Drake converted $70,798.57 belonging to the ATS Settlement Trust between July 2009 and August 2011.

No details are provided about the trust, and when Drake was made its trustee. The only other information available is that Drake’s embezzlement of the funds took place in Elkview.

In exchange for agreeing to plead guilty, Assistant Kanawha County Prosecutor Rob Schulenburg offered to recommend Drake get probation for a term to be determined by Judge James C. Stucky. Also, as a condition of his probation, Drake was to make court-ordered restitution.

As of press-time, Stucky’s sentencing order was not available. According to his attorney William C. Forbes, Stucky placed Drake on two years probation.

The amount of restitution, Forbes said, has yet to be recommended by the probation office.

According to the state Bar’s Web site, Drake, 36, is a sole practitioner in Gassaway, WV. He was admitted to the Bar on September 26, 2000.

Kanawha Circuit Court case number 12-F-491

~~  Kyla Asbury -Kanawha Bureau - WV Record  ~~

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G-otcha™: Gilmer County Man Remains Behind Bars on Multiple Sexual Charges

Imprisonment Status:  Pre-Trial Felon
Full Name: Hacker,  Robert  Lee
Height: 6’  1”
Weight: 225 lbs.
Birth Date: 02.19.1964
Gender: Male
Booking Date: 07.06.2012
Facility: Tygart Valley Regional Jail
Imprisonment Status: Pre-Trial Felon

Offender Court Order Information

Court Info Number Issuing Agency Location
12F-48-51 GILMER COUNTY - Bail Amount: $100,000.00          
12F-52 GILMER COUNTY - Bail Amount: $0.00          
12M-126  GILMER COUNTY - Bail Amount: $500.00           
12F55;12F56-59;12F60-90;12M134  GILMER COUNTY - Bail Amount: $201,000.00          
12F-147-161 GILMER COUNTY - Bail Amount: $75,000.00          

In a preliminary hearing before Gilmer County Magistrate Carol L. Wolfe on Wednesday, September 26, 2012 charged with on sixty one counts of felony and misdemeanor charges:

•  Six counts of second degree sexual assault

•  One count of sexual abuse by person of trust

•  Four counts of first degree sexual abuse

•  One count of sexual abuse by a parent or guardian

•  Three counts of child neglect creating risk of injuries

•  Forty five counts of sexual abuse by a parent or guardian

•  One count of harassing, obscene, or threatening phone calls

•  One count of domestic battery

Hacker waived his right to a preliminary hearing on all charges and the cases were sent to the Gilmer County Circuit Court for further proceedings.

Hearing Set in Challenge to WV Vaccination Law

The Gilmer Free Press

A Pickens High School senior kept out of the classroom over her refusal to get mandatory immunizations may get a chance to argue her case in court later this week.
Randolph County Circuit Court Judge Jaymie Godwin Wilfong has scheduled a hearing for 10:00 AM Friday in Elkins.

Olivia Hudok and father Phil, a retired teacher, sued the county school board and Superintendent James Phares earlier this month, demanding they grant a religious exemption allowing her in school. In the meantime, Olivia is being home-schooled by her dad.

Phares told The Associated Press on Tuesday that the district has filed a motion to dismiss the complaint, arguing the state Department of Health and Human Resources should have been a defendant, and lawsuits against state agencies must be filed in Kanawha County.

The state attorney general’s office has filed two motions as well, district attorney Greg Bailey said. One seeks to intervene in the case, while the other asks the judge to dismiss because it was filed in the wrong county.

The InterMountain of Elkins , which first reported the complaint, says Olivia refused to get Tdap and MCV4 boosters for religious reasons and because of concerns about toxic ingredients. The immunizations are designed to protect against tetanus, diphtheria, pertussis and meningitis.

Under a new state mandate, all seventh- through 12th-graders must have been vaccinated by September 04.

Bailey said Tuesday that three similar lawsuits have been filed around West Virginia — one each in Kanawha, Ohio and Mercer counties. All, he said, should be argued in Kanawha County.

Olivia Hudok was warned September 07 and September 10 that she would be denied admission to the tiny school, where she is one of only three seniors, if she failed to get proof of immunization.

The complaint her father filed says she will “suffer irreparable harm by being denied her fundamental right to an education” and requests an injunction barring the school district from enforcing its plan.

West Virginia and Mississippi, it notes, are the only states that currently don’t recognize religious exemptions regarding vaccinations.

A county health department letter to the Hudoks calls immunization “a public health issue, not a personal freedom issue.“

“It protects everyone in the school systems and the whole community,“ wrote health officer Mary Boyd.

The letter says vaccinations work, in part, through “herd immunity,“ meaning that when a large enough percentage of the population is immune, it prevents the smaller percentage from developing infections.

“Herd immunity only works if a large percentage of the children get the vaccine,“ the letter said. “If that percentage gets lower, we will see the rate of vaccine preventable diseases increase.“

And the “herd” at Pickens High School is small: Phares says there are just 37 students this year, including the three seniors.

If the county prevails in court, he said, it could have potentially negative implications for the school.

Should Olivia Hudok refuse to get vaccinated, the district would consider her a dropout, Phares said. That would compromise the school’s “adequate yearly progress” figures by slashing the graduation rate from the typical 100% to 67%.

“It only takes one who drops out to bushwhack all those ratings,“ he said.

Gilmer County Circuit Court Report - 09.24.12

The Gilmer Free Press

On Thursday, September 20, 2012 Chief Judge Jack Alsop appeared in Gilmer County at 2:00 PM and heard 2 juvenile hearings which were then reset for Tuesday, November 13, 2012 at 9:30 AM and Friday, November 09, 2012 at 1:00 PM.

On Monday, September 24, 2012 Judge Richard A. Facemire presided over his regular monthly motion day in Gilmer County.

•  One fugitive from justice waived extradition back to the state of Virginia.

Imprisonment Status:  Pre-Trial Felon
Full Name: Brown,  Steven  Roy
Height: 5’  6”
Weight: 150 lbs.
Birth Date: 11.24.1962
Gender: Male
Booking Date: 09.21.2012
Facility: Central Regional Jail
Imprisonment Status: Pre-Trial Felon

Offender Court Order Information

Court Info Number Issuing Agency Location
12E-21  GILMER COUNTY - Bail Amount: $0.00         
Fugitive from justice who has waived extradition back to the State of Virginia. He is represented by Christopher Moffatt of Charleston and authorities in Virginia have until 4:00 PM Tuesday, October 02, 2012 to pick him up or Central Regional Jail will release him.

Steven Brown was represented by Christopher Moffatt of Charleston and authorities in Virginia have until 4:00 PM Tuesday, October 02, 2012 to pick him up or Central Regional Jail will release him.

•  A status hearing was held in the case of State of West Virginia vs. Kenneth Greenlief, who remains in a group home in Marlinton.

Another review will be held in his case at 10:00 AM on Monday, January 28, 2013.

Greenlief was represented by Daniel Armstrong of Gassaway.

•  Several juvenile cases were heard and reset for Thursday, December 20, 20121 at 9:00 and 9:05 AM and another set for Monday, October 22, 2012 at 10:45 AM.

Four people were sentenced as follows:

•  State of West Virginia vs. Sundee Honaker

She was sentenced to 1-10 years in the penitentiary, with said sentence being suspended and she received 5 years probation.

She must obtain full time employment or attend college full time and have a part time job.

She must attend and complete NA and AA classes.

She also must perform 100 hours community service per year of probation and must speak to classes about her experiences.

She also must pay court costs within 18 months.

She was represented by David Karickhoff of Sutton.

•  State of West Virginia vs. Alicia Wine

She was sentenced to 1-10 years in the penitentiary with her sentence suspended and placed on 5 years probation.

She must be on home confinement for 1 year and pay the fees associated with that.

She must maintain employment and pay court costs within 18 months and make full restitution to the victim (prorated with co-defendants) within 4 years.

She also must perform 100 hours of community served and attend substance abuse counseling.

She was represented by Clinton Bischoff of Summersville.

•  State of West Virginia vs. Casey Cottrill

She represented by Garth Beck of Clarksburg was sentenced to 1-5 years in the penitentiary but said sentence was suspended and she was awarded 5 years probation.

She must enroll in a long term substance abuse facility and complete it.

She must maintain employment.

She will have a 9:00 PM curfew and be drug tested every 2 weeks and attend NA and AA meetings, as well as family counseling and therapy.

She must pay court costs within 18 months and restitution within 4 years.

•  State of West Virginia vs. Gary Ferrell

He was given a pretrial diversion for 18 months, and he must be supervised by the probation officer for 12 months.

He was represented by Daniel Armstrong.

•  George McDaniels was before the Court to accept a settlement instead of monthly payments, which Judge Facemire granted.

WVCOC: ‘Game Changers’ for West Virginia

The Gilmer Free Press

Officials with the West Virginia Chamber of Commerce say West Virginia’s leaders could change the state’s future, in big ways, by addressing five key areas.

The five so called “Game Changers” they say, are:

•  Education

•  Fair Courts

•  Energy

•  Health Care

•  Transportation and Infrastructure

Chamber President Steve Roberts focused on education on MetroNews Talkline.

Almost half of West Virginia’s general revenue budget goes to education.

Still, “We are not keeping up.  We are seeing our test scores consistently coming in somewhere between 44th and 49th among all of the states,“ Roberts said.

“Whether you have children in school or not is not really the question.  The question is, how is our investment doing?“

Those in the state Department of Education are currently working on a response to a comprehensive audit of West Virginia’s education system, released earlier this year.

Roberts says large scale changes need to happen and he is not sure in the current Legislature will take those steps.

“The Legislature, individually, is made up of decent people but, collectively, they go the route of their constituents,“ he said.

“We have more school teachers and school service personnel serving in the Legislature than we have from any other walk of life.“  Roberts says the result is the status quo, not an education system that means the demands of the current economy.

For more on the West Virginia Chamber of Commerce’s “Game Changers,“ you can go to

U.S. Supreme Court Upholds West Virginia Congressional Redistricting

The Gilmer Free Press

The U.S. Supreme Court on Tuesday upheld West Virginia’s congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.

The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.

The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.

“It is clear that West Virginia has carried its burden,“ the high court said.

The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.

The lower court still can consider challenges to the plan under the state Constitution.

Both the state House of Delegates and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.

The Jefferson County Commission challenged the redrawing, which moved one county from one congressional district to another.

A panel of three federal judges voted 2-1 in concluding that state officials failed to justify why one district contained several thousand more people than the other two, especially when other proposals contained smaller differences in population.

The judges said that improved technology that allows precise line-drawing also had made what would have been a minor variation in an earlier era into a major issue today.

But the Supreme Court said the judges’ reasoning was faulty. “Nothing about technological advances in redistricting and mapping software has, for example, decreased population variations between a state’s counties,“ the justices said.

The case is Tennant v. Jefferson County Commission, 11-1184.

Gilmer County Family Court News – 09.12.12

The Gilmer Free Press

Family Court Judge Larry Whited held Family Court in Gilmer County on Wedenesday, September 12, 2012.

•  One domestic violence case was dismissed when the petitioner failed to appear to pursue the matter.

•  One allocation was granted.

•  One contempt proceeding was continued.

Two divorces were granted as follows:

•  Daniel Chapman(50) of Glenville, WV divorced Lora S. Chapman (49) of Glenville, WV.

•  Jeffrey Jenkins (31) of Glenville, WV divorced Brandy Jenkins (31) of Glenville, WV.

G-otcha™: Lewis County Resident Enters Plea to Methamphetamine Conspiracy Charge

Imprisonment Status:  Federal Inmate
Full Name: Weaver,  Richard  Wayne
Height: 5’  11”
Weight: 200 lbs.
Birth Date: 12.09.1974
Gender: Male
Booking Date: 07.16.2012
Facility: Tygart Valley Regional Jail
Imprisonment Status: Federal Inmate

Offender Court Order Information

Court Info Number Issuing Agency Location
12 US MARSHALL SERVICE/NORTHERN - Bail Amount: $0.00         
32 year old Horner, West Virginia, resident entered a plea of guilty on September 18, 2012, in United States District Court in Elkins before Magistrate Judge John S. Kaull.

United States Attorney William J. Ihlenfeld, II, announced that: RICHARD WAYNE WEAVER entered a plea of guilty to Conspiracy to Manufacture, Possess with Intent to Distribute and Distribute Methamphetamine from May of 2011 to July of 2012 in the Northern District of West Virginia.

WEAVER, who is in custody pending sentencing, faces up to 30 years imprisonment and a $2,000,000 fine due to three prior felony convictions.

The case was prosecuted by Assistant United States Attorney Stephen D. Warner and investigated by the Upshur County Sheriff’s Department, the Buckhannon Police Department and the United States Marshals Service.
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