WV Judicial Hearing Board Order Says Judge Should Not Return to Bench
The West Virginia Judicial Hearing Board says a Putnam County family court judge should be suspended without pay until his term ends in December 2016.
The hearing board’s order is stiffer against Judge William Watkins III than recommended by state Office of Disciplinary Counsel during a hearing last week.
Judge Watkins is in trouble for his courtroom outbursts. He promised during last week’s hearing to get counseling in order for him to stay on the bench. He agreed to five recommended sanctions including counseling, being monitored and getting more training.
Click H E R E to Read the Order
But the Judicial Hearing Board, which conducted last week’s hearing, says in its order that’s not enough but instead Watkins should be censured “on each of the 24 violations of the Code of Judicial Conduct.“
He should be “suspended without pay until his present term of office ends December 31, 2016.“
The order says Watkins should also pay the cost for the investigation and prosecution of his case, which is about $18,000.
Watkins and the Office of Disciplinary Counsel have 30 days to respond to the hearing board’s order.
The state Supreme Court will consider the responses before deciding the next step. The matter could end up before the High Court for oral argument.
Watkins testified last week that he has made mistakes.
“I’d like have the opportunity to correct those mistakes and to prove that I can be an even better judge for Putnam County,“ he said.
The complaints date as far back as 2008.
In one case, when a defendant spoke out of turn, Watkins screamed, “...Understand that I will resign this bench and I will personally see to it that you never see a free day in your life. You understand that? You’re going to jail. I swear to God.“
In a second case, an angry Judge Watkins asked a woman appearing before him in court, “...Why are you shooting off your fat mouth?“ and said, “Shut up! You stupid woman.“
In several other cases, Watkins was so angry the comments he made were so distorted the recorder could not determine exactly what he was saying.
Ex-Coach Charged with Molesting Two More WV Boys
West Virginia State Police say a fired cheerleading coach has been charged with sexually abusing more male students.
Sgt. Michael Baylous says 31-year-old Amanda Jo Barker of Mannington was charged Monday with three counts of sexual abuse by a person of trust and one count of soliciting a minor by computer.
The Marion County Board of Education fired the North Marion High School freshman coach last month after she was charged with abusing a 16-year-old male.
Baylous says two 16- and 17-year-old boys have since come forward with new allegations.
Barker was arraigned in magistrate court on those charges and released Monday evening on a $100,000 bond.
Court officials say Barker hasn’t hired an attorney.
A woman answering a phone listing in her name said Tuesday it’s the wrong number.
Doddridge County: Landowner Rights Should Be Reconsidered
Most gas companies try to work with the owners of land on which they set up rigs to drill for natural gas and oil. They avoid disturbing the surface when possible and often try to compensate landowners for damage.
But drillers’ responsibilities in that regard can be very limited. If a landowner does not also hold title to the rights for minerals under his property, his leverage with gas and oil companies can be restricted severely.
West Virginia Supreme Court justices last week ruled against a landowner who had objected to a company’s plan to drill on his Doddridge County property. Concerned about damage to his land, he had asked the state Department of Environmental Protection to require the drilling company to alter its plan.
When the DEP approved the initial drilling plan, the landowner went to court.
Supreme Court justices ruled against the landowner, noting state law does not give those who own only surface rights to land the right to appeal drilling permits.
But in her written opinion on the matter, Justice Margaret Workman, backed by a unanimous court, urged the state Legislature to take another look at surface owners’ rights. Lawmakers should “consider whether surface owners should be afforded an administrative appeal” of such DEP decisions, Workman recommended.
She is right - though it needs to be emphasized altering the law at this stage of the gas drilling game could be difficult. Many mineral rights owners already have signed leases with drilling companies, which paid fees and agreed to royalty rates based on the cost of complying with existing law. Changing the rules now would be unfair, and possibly unconstitutional.
Still, Workman is right. Lawmakers should reconsider the rights of landowners who do not also own mineral rights for their property. Obviously, they will have to exercise great care in making any changes, however.
Clay County: Hiram Lewis Is Facing a Number of Charges
A trial date is set for Tuesday, January 15, 2013 for the former U.S. Senate candidate who is accused of shooting and wounding a man at his Clay County home earlier this year.
Hiram Lewis was formally arraigned Thursday morning in Clay County Circuit Court on charges of malicious wounding, domestic assault and wanton endangerment involving a firearm.
A not guilty plea was entered for him when he refused to do so.
Lewis is charged with shooting and wounding a man at a house in Procious in June.
Lewis claims it was his house and the victim was breaking in at the time he was shot, but the victim says it was his home and Lewis was just staying there.
A bond revocation hearing for Lewis will be held on Thursday, December 06, 2012 after additional charges were filed against him earlier this month.
He allegedly went to the home of Clay County Sheriff Randy Holcomb and threatened him, but Lewis says he just approached Sheriff Holcomb as a friend.
Lewis, a McDowell County native, has unsuccessfully run for Attorney General and U.S. Senate in the past.
Expert Says WV Should Close Salem Juvenile Facility, Judge Could Rule by End of Year
The fate of West Virginia’s only high-security juvenile corrections facility could be decided by the end of the year.
Media outlets report that an expert witness told a judge Tuesday that the West Virginia Industrial Home for Youth in Salem should be closed.
Paul Demuro’s testimony came during a hearing in Kanawha County Circuit Court on a lawsuit filed by Mountain State Justice.
The lawsuit alleges that inmates at the Salem facility are illegally strip searched, placed in solitary confinement and denied adequate access to exercise and educational materials.
The West Virginia Supreme Court appointed Mercer County Circuit Court Judge Omar Aboulhosn to hear the case.
Aboulhosn says he wants to issue a ruling by the end of the year.
West Virginia ended solitary confinement at juvenile facilities earlier this year.
Family Court Judge Apologizes for Conduct
A Putnam County family court judge accused of misconduct has apologized and agreed to pay nearly $18,000 in costs.
William Watkins appeared before the state Judicial Hearing Board on Tuesday on charges filed by the state Judicial Investigation Commission.
Media outlets report Watkins admitted to charges that he delayed rulings, failed to enter domestic violence orders into the state’s tracking system and screamed and cursed at litigants.
Watkins and Judicial Counsel Rachael Fletcher Cipoletti agreed to proposed sanctions, including the costs of the investigation and court proceeding.
A proposed 90-day suspension without pay would be stayed while he addresses deficiencies and undergoes counseling and judicial training.
The hearing board will make its recommendation to the state Supreme Court.
Man Pleads Guilty in West Virginia Bath Salts Case
The owner of two north-central West Virginia shops that sold illegal bath salts pleaded guilty to two federal charges Monday and could face up to 30 years in prison.
Jeffrey Paglia, age 48, of Clarksburg appeared Monday before U.S. Magistrate John Kaull in Clarksburg.
Paglia pleaded guilty to one count of drug conspiracy and one count of structuring monetary transactions to evade reporting requirements on income from his “Hot Stuff and Cool Things” stores in Buckhannon and Clarksburg.
Paglia could get as many as 10 years in prison and up to $500,000 in fines when sentenced on the monetary transactions charge, and as much as 20 years and a fine of up to $1 million on the drug conspiracy charge. His sentencing has not yet been scheduled.
He also agreed to forfeit property, including a dozen real estate parcels, five vehicles, two motorcycles, an excavator, a forklift and an embroidery machine. Prosecutors are also seizing more than $730,000 from several accounts in Paglia’s name, including funds seized from his attorney.
In exchange, prosecutors agreed to drop additional charges and agreed not to prosecute Paglia’s girlfriend, identified in court documents by the initials M.C.
Paglia and his companies, Jemrose Inc. and Pag-Corp Inc., were initially indicted on eight counts of drug conspiracy and two counts of maintaining a drug-involved property, as well as the monetary transactions charge.
Two of Paglia’s former employees have pleaded guilty to a drug conspiracy charge and await sentencing, but Jemrose manager John Skruck is still headed for trial in February.
Authorities shut down the Buckhannon and Clarksburg stores in April, calling them a major distributor of bath salts in north-central West Virginia.
The U.S. Drug Enforcement Agency has listed bath salts in the same category as heroin and LSD.
Last fall, the agency banned the possession of bath salts containing two chemicals, but authorities say manufacturers are constantly changing the composition of their products to skirt the law.
At least 30 states, including West Virginia, have outlawed synthetic drugs, hallucinogens and stimulants.
G-otcha™: Indictments Returned by Federal Grand Jury for a Braxton County Man
A Braxton County man was named in Indictments returned by a federal grand jury sitting in Clarksburg, West Virginia, on November 07, 2012.
ISAAC JACKSON, age 24, of Sutton, West Virginia, was named in a two-count Indictment charging him with one count of Assaulting a Federal Officer/Employee and one count of Assault on Federal Property, on July 13, 2012, at the Bee Run recreation area on Sutton Lake.
If convicted, JACKSON faces up to 8 years imprisonment and a $250,000 fine on the first count and 6 months imprisonment and a $5,000 fine on the second count.
The case will be prosecuted by Assistant United States Attorney Andrew R. Cogar and was investigated United States Army Corp of Engineers - Park Rangers.
It should be noted that the charges contained in the Indictment are merely accusations and not evidence of guilt, and that each defendant is presumed innocent until and unless proven guilty.
Lawsuit: Boone County Residents Want Firing of Jorea Marple Declared Void
A Boone County couple says the state Board of Education violated the state’s Open Government Act when it fired state School Superintendent Jorea Marple last week and it wants the state Supreme Court to declare the decision void.
James and Michelle Hicks of Foster, who have a child in the public school system, also want the Supreme Court to stop the state school board from naming a new superintendent and temporarily reinstate Marple.
The emergency petition was filed with the High Court Wednesday morning and is based on Marple being fired last week without the action being on the school board’s agenda.
The court filing says board president Wade Linger “has a history of violating the principles of open government.“ It also says Marple was ambushed by the majority of board members and the decision to fire her was “predetermined in back-room, secret meetings among certain Board members.“
It is alleged those meetings took place before the November 15, 2012 meeting where Marple was fired.
The state School Board may have been anticipating the lawsuit. Linger announced late Tuesday plans to put the Marple issue on the agenda for the board’s meeting next week where the board would re-do the termination.
Linger said in a statement released Tuesday: “I have been advised by counsel that there may be concerns over the Open Meetings Act and we want to be responsive,“ said Linger. “I remain committed to my actions and recommendations regarding a new direction for education in our state but believe it is important to address this concern”
Wednesday’s legal filing also says when Linger was advised by counsel that the Board should not take official action without proper notice of the meeting, Linger said he would take his chances.
The emergency petition asks the Supreme Court to make its decision quickly.
Gilmer County Circuit Court Report - 11.15.12
On Wednesday, November 14, 2012 petit jurors reported and were indoctrinated by Chief Judge Jack Alsop.
At 10:04 AM the Circuit Clerk began drawing jurors and at 11:39 AM the jurors were sworn according to law and excused to report back at 1:00 PM to begin the trial of local resident Charles Emerson.
Emerson was represented by Kevin Duffy of Clay, WV.
Meanwhile Judge Alsop arraigned 2 persons who did not appear for arraignment on Tuesday, namely State of West Virginia vs. Jarod Scott and State of West Virginia vs. Gerald Adkins II.
Both men were represented by Daniel Grindo of Gassaway.
Both men pled not guilty to the charges against them with Scott asking for his case to be continued to the next term of Court, which motion was granted.
Adkins asked for a trial this term and his pre-trial was set for 1:00 PM on Friday, February 01, 2013 with trial to follow on Thursday, February 21, 2013 at 9:00 AM.
Later Adkins flunked his urine screening and was sent to Central Regional Jail.
Several witnesses were called and testified for the state, however one witness was unable to appear until 9:00 AM on Thursday, of the Judge recessed the trial until 9:00 AM November 15, 2012.
After the last state’s witness testified, at 9:25 AM the state rested its case.
The defense offered no evidence and after the Court instructed the jury and both sides gave their closing arguments.
The jury went to their room to deliberate upon a verdict at 10:33 AM.
After coming back to open Court with two questions, the jury returned their verdict at 11:55 AM finding Emerson guilty of 2 counts and not guilty of a third count.
Emerson was returned to jail with sentencing set for Monday, January 14, 2013 at 11:15 AM.
At 1:00 PM an evidentiary hearing was held in the case of State of West Virginia vs. Jimmie Stewart and his trial remains on for Tuesday, November 27, 2012 at 9:00 AM.
He is represented by Steve Nanners of Buckhannon, WV.
Clay County: Former AG Candidate Indicted over Shooting
The WV Record Reports:
A Clay County attorney has been indicted on charges he acted recklessly in shooting a houseguest following an argument earlier this year.
Hiram C. Lewis IV was one of 11 people indicted by the Clay County grand jury on November 08, 2012. The grand jury charged Lewis, 41, with one count each of malicious wounding, domestic assault and wanton endangerment involving a firearm.
The indictment stems from an altercation Lewis had with Stephen Bogart in June at a camp Lewis owns and now resides on Elkhurst Road in Procious. Since the day he was arrested, Lewis has not denied shooting Bogart, but instead maintained it was done in self-defense.
At his preliminary hearing on June 19, Lewis testified Bogart was a transient he met earlier in the month while out driving. Claiming to be a homeless veteran, Lewis, himself a veteran, offered Bogart to stay at his camp in exchange for him agreeing to perform work on it.
According to Lewis, the altercation began the morning of June 13 when, at the request of a neighbor, Lewis told Bogart to turn down the volume of a stereo he was playing. Eventually, Lewis said he ordered Bogart out of the house when he refused.
Shortly thereafter, Lewis said Bogart became agitated, and began kicking the door to regain entry. Fearful for his life, Lewis obtained a pistol, and warned Bogart to stay out, Lewis said.
Despite the warning, Bogart successfully kicked open the door, resulting in Lewis shooting him in the knee. Though Bogart vowed to hunt Lewis down and kill him for shooting him, Lewis said he rendered first aid.
After a neighbor called 911 to report the shooting, Lewis said he began taking pictures of the scene. Following a cursory investigation, Lewis was arrested by state police, and taken to the Central Regional Jail and held on $100,000 bond.
After Magistrate Jeffery Boggs agreed to reduce his bond to $70,000, Lewis was released a few days later after family members posted it.
Initially, Lewis’ arraignment was scheduled for Nov. 14 before Judge Richard Facemire. However, it was continued until November 29 due to Lewis’ attorney, Herbert Hively, being unable to attend.
Lewis remains free on bond.
In 2004, Lewis, the Republican nominee for attorney general, lost to incumbent Darrell McGraw by 6,000 votes. Four years later, he made another attempt to be GOP nominee, but lost to Charleston attorney Dan Greear.
In 2006, Lewis ran in the Republican primary for U.S. Senate to challenge then-Sen. Robert C. Byrd. However, he lost to Morgantown businessman John Raese.
Clay Circuit Court, case number 12-F-29
~~ Lawrence Smith - WV Record ~~
Braxton County: Sutton Couple Names 67 Defendants in Asbestos Case
A Sutton couple is suing 67 companies they claim are responsible for a mesothelioma diagnosis.
Camden David Hudkins performed automotive mechanic work while working for Cantrell Motors Ford in Weirton and performed residential construction work while employed at Yeonas Development Company in Fairfax, VA, according to a complaint filed November 14, 2012 in Kanawha Circuit Court.
Hudkins claims he also worked as a laborer/helper at Weirton Steel Mill and performed maintenance and repair work on trucks and equipment for Hudkins’ Timber in Sutton.
Due to asbestos exposure, Hudkins was diagnosed with asbestos-related mesothelioma, according to the suit.
Hudkins claims while employed in his various occupations, he was exposed to and did inhale asbestos dust and other dust from products of the defendants, which caused his mesothelioma.
The defendants failed to warn Hudkins of the dangers of asbestos when they knew or should have known that exposure would cause disease and injury, according to the suit, and the defendants failed to exercise reasonable care to warn him of the dangers of being exposed to the products.
Hudkins claims the defendant also failed to inform him of what would be safe and sufficient apparel for a person who was exposed to or used asbestos products and failed to inform him of what would be safe, sufficient and proper protective equipment and appliances when using or being exposed to asbestos-containing products.
As a direction and proximate result of the defendants’ negligence, Hudkins suffered and will continue to suffer damages for medical treatment, drugs and other unknown remedial medical measures; great pain of the body and mind; embarrassment and inconvenience; loss of earning capacity; loss of enjoyment of life; and shortening of his life expectancy, according to the suit.
Hudkins and his wife, Loretta Sharon Hudkins, are seeking a jury trial to resolve all issues involved. They are being represented by David P. Chervenick, Bruce E. Mattock, Leif J. Ocheltree and Scott S. Segal.
The case has been assigned to a visiting judge.
The 67 companies named as defendants in the suit are A.O. Smith Corporation; Agco Corporation; Ajax Magnethermic Corp.; Allied Glove Corp.; American Optical Corporation; Aurora Pump Co.; Beazer East, Inc.; Borg-Warner Morse Tec, Inc.; Cameron International Corporation; CBS Corporation; Cleaver-Brooks, Inc.; Copes Vulcan, Inc.; Crown Cork & Seal Company, Inc.; Dana Companies, LLC; Deere & Company; Dravo Corp.; Eichleay Corp.; F.B. Wright Co.; Fairmont Supply Company; Federal-Mogul Asbestos Personal Injury Trust; FMC Corporation; Ford Motor Company; Foseco, Inc.; the Gage Company; Gardner Denver, Inc.; General Refractories Company; Georgia-Pacific, LLC; Goulds Pumps, Inc.; Grinnell, LLC; Hinchliffe & Keener, Inc.; Honeywell International, Inc.; IMO Industries, Inc.; Industrial Holdings Corporation; Ingersoll Rand Company; Insul Company, Inc.; ITT Corporation; I.U. North America, Inc.; M.S. Jacobs & Associates, Inc.; Mallinckrodt, LLC; McCarls, Inc.; McJunkin Redman Corp.; Metropolitan Life Insurance Company; Mine Safety Appliances Company; Minnotte Contracting Corp.; Navistar, Inc.; Oglebay Norton Company; Pfizer, Inc.; Power Piping Co.; Premier Refractories, Inc.; Reading Crane; Riley Power, Inc.; RT Vanderbilt Company, Inc.; Rust Engineering & Construction, Inc.; Safety First Industries, Inc.; the Sager Corp.; Spirax Sarco, Inc.; Sterling Fluid Systems (USA), LLC; Taco, Inc.; Tasco Insulation, Inc.; Trane US, Inc.; Union Carbide Corporation; Vimasco Corporation; Warren Pumps, LLC; Washington Group International; the William Powell Company; Yarway Corporation; and Zurn Industries, LLC.
Kanawha Circuit Court case number: 12-C-2268
~~ Kyla Asbury - WV Record ~~
Lewis County Man Wants Ethics Panel to Reconsider Complaint
The WV Record Reports:
A Lewis County businessman says a state ethics panel did not take seriously his complaint against two Tucker County judicial officers.
In a letter dated Oct.ober11, 2012, Jerry L. Burkhammer asked the state Judicial Investigation Commission to reconsider its decision to dismiss his complaint against Magistrate Carol Irons and Judge Philip B. Jordan, Jr. In his letter, Burkhammer, 71 and a Weston salvage dealer, said the grounds on which JIC, the arm of the state Supreme Court that investigates judicial misconduct, used to dismiss it is proof that “the Commission didn’t even bother to read my complaint.”
Nearly two years ago Burkhammer filed his complaint against Irons and Jordan alleging they failed to recuse themselves from hearing criminal charges that were brought against him in 2007 for violation of a court order and attempt to commit conspiracy. Their prior actions and statements, Burkhammer said, created a conflict of interest.
In his complaint, Burkhammer alleged Irons’ conflict was created when she, while in her term as sheriff, served as a bailiff during some of the abuse and neglect hearings involving his daughter, Lindsay Brooke. Following an allegation leveled by Lindsay’s mother, Sheryl L. Conner-Kines, in 2002 that Burkhammer molested Lindsay, Jordan determined Burkhammer was an unfit parent and terminated his parental rights.
Eventually, Jordan ordered Burkhammer to have no contact with Lindsay and not enter Tucker County until she turns 18 years old in 2014.
Also, Burkhammer said in his complaint that sometime after her election as magistrate, and prior to his arrest, he confided to Irons how he felt he was being unfairly treated by the Tucker County judicial system. This included Jordan referring to him as pedophile during one of the abuse and neglect hearings despite his lack of a conviction or arrest on any related charges.
In his complaint, Burkhammer said neither Irons, when his case came to trial in July 2008, nor Jordan, when he appealed his conviction on the violation charge a few weeks later to circuit court, had any business presiding over his case. A motion his court-appointed attorney Dwight Hall made for Jordan to recuse himself from hearing the appeal was denied, Burkhammer said.
At trial, Burkhammer was acquitted on the conspiracy charge.
A collateral complaint Burkhammer filed with the Office of Disciplinary Counsel, the arm of the Court that investigates attorney misconduct, against Chad Cissel, the attorney appointed to file his appeal to the Court, remains open.
On March 14, 2011, JIC dismissed Burkhammer’s complaint after it could find “no substantiated evidence” that either Irons or Jordan violated the Code of Judicial Conduct. In concluding the letter, Hancock Circuit Judge Ronald Wilson, JIC’s chairman, said that Burkhammer’s allegations “deal with legal matters or rulings made a judicial officer” which do “not rise to the level of an ethics violation.”
However, Wilson said “[t]here may be avenues for appeal available to the litigants in such situations.”
Irons’ and Jordan’s rulings, Burkhammer says in his letter, are not the issue. Instead, it was the fact they made them in spite of having the appearance of a conflict of interest.
As further evidence that JIC did not read his complaint, Burkhammer says it used virtually the same language in it as it did in the one dismissing a prior complaint he filed against Jordan in 2008 for calling him a pedophile. That included the final line informing him about “avenues for appeal.”
The Court denied Burkhammer’s appeal in February 2009, three weeks after he was released from a six-month jail sentence.
As of presstime, JIC had yet to respond to Burkhammer’s letter.
~~ Lawrence Smith - WV Record ~~
Priest Pleads Not Guilty to West Virginia Abuse Charge
A Roman Catholic priest has pleaded not guilty to taking a 10-year-old boy to West Virginia in 1991 so he could sexually abuse him.
The Rev. Robert Poandl, of the Cincinnati-based Glenmary Home Missioners, was released on his own recognizance following his not guilty plea Monday in federal court in Cincinnati, Ohio.
An indictment last week accused Poandl of taking the boy on August 03, 1991.
The religious order says the indictment is related to a June 2009 accusation of sexual misconduct with a minor in Spencer, WV.
In 2010, a West Virginia judge dismissed charges that accused Poandl of sexually abusing a 10-year-old boy while they visited a church there in 1991.
Gilmer County Circuit Court Report - 11.13.12
Chief Judge Jack Alsop opened his November 2012 term of Court on Thursday, November 08, 2012 by instructing the Grand Jurors.
At 9:50 AM the grand jury retired to their jury room to deliberate upon their indictments.
At 12:10 PM they broke for lunch and after returning to the jury room at 12:47 PM, they returned 14 indictments at 2:25 PM as follows:
• State of West Virginia vs. Catherine McGhee
She is indicted for 2 counts, Conspiracy to commit an offense against the state and Delivery of a controlled substance within 1000 feet of a school.
She was represented by Daniel Grindo of Gassaway.
• State of West Virginia vs. Randall Eric Lambey
He was indicted for 1 count of Failure to meet an obligation to provide support to a minor.
A summons was issued to be served upon Lambey by the Clay County Sheriff.
• State of West Virginia vs. Jarod C. Scott
He was indicted for 2 counts of burglary and petit larceny.
He is represented by Daniel Armstrong of Gassaway.
• State of West Virginia vs. John Robert Carder
He was indicted for 5 counts as follows:
1) Attempt to commit sexual assault in the 3rd degree,
2) Sexual assault in the 3rd degree,
3 & 4) Sexual assault in the 2nd degree, and
5) Sexual abuse in the 1st degree.
• State of West Virginia vs. Gerald A. Adkins II
He was indicted for 11 counts as follows: 5 counts of Forgery, 5 counts of uttering and 1 count of grand larceny.
He is also represented by Daniel Armstrong.
• State of West Virginia vs. Larry Dale Bush
He was indicted for 6 counts as follows: Malicious assault, 3 counts of Wanton endangerment involving a firearm, conspiracy to commit an offense against the state and aggravated DUI.
He is represented by Ira Haught of Harrisville.
A summons was issued to Ritchie County for service on Larry Bush.
• State of West Virginia vs. Donald Lee Norman
He was indicted for 8 counts as follows: Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child (4 counts) and 4 counts of third degree sexual abuse.
Norman is represented by Loren Howley of Grantsville.
• State of West Virginia vs. Elsie Tingler
She was indicted for 2 counts of conspiracy and Manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule I controlled substance.
She is represented by David Karickhoff of Sutton.
• State of West Virginia vs. Jeremy Knicely
He was indicted for 1 count of Third offense DUI.
A summons was issued to the Sheriff of Braxton County for him to-appear-for arraignment.
• State of West Virginia vs. Carrie Sumpter
She was indicted for 24 counts of acquiring a controlled substance by subterfuge.
She is represented by David Karickhoff.
• State of West Virginia vs. Stacey Lea Bright
She was indicted for 3 counts of Financial Exploitation of an elderly person and 3 counts of embezzlement.
She is represented by Daniel Grindo.
• State of West Virginia vs. Robert Lee Hacker
He was indicted for 63 counts as follows: 4 counts of 2nd degree sexual assault, 7 counts of 1st degree sexual abuse, 50 counts of Sexual abuse by a parent, guardian, custodian or person in position of trust, 1 count of providing alcohol to a minor and 1 count of harassing phone calls.
He is represented by Daniel Armstrong of Gassaway.
• State of West Virginia vs. Joshua Whitley
He was indicted for 3 counts of delivery of a controlled substance within 1000 feet of a school and 1 count of conspiracy to commit an offense against the state.
A summons was issued to him at an Ohio Address.
ARRAIGNMENTS WERE TUESDAY, NOVEMBER 13, 2012 AT 1:00 PM
Two civil cases were heard on November 08, 2012:
• BB&T Financial FSB vs. Debbie Yeager
The case was completed and the case of Stonewall Jackson Memorial Hospital was continued so the plaintiff could get service on defendant, Larry Keith Greenlief.
On November 09, 2012, six fugitives from justice were heard and all 6 waived extradition back to their respective states, all being represented by local attorney, Shelly DeMarino.
• Charles Mobley waived to return to Maryland.
• Jose Santiago-Dominquez waived to return to Texas.
• Dominique Jordan waived to return to Indiana.
• Dana Moore waived to return to Pennsylvania.
• Charlie Vargas waived to return to Ohio.
• Randolph Horton waived to return to Maryland.
Authorities in those states have until 4:00 PM Wednesday, November 21, 2012 to pick these fugitives up or Central Regional Jail will release them.
Sheriff elect Larry Gerwig called 3 times the names of the following 22 persons:
• Brandon M. Leady
• William Davis McHenry
• Erin Jason DeWall
• Matthew Snyder
• Jaimey Gaines
• Daniel Riffle
• Jack E. Crawford
• Thomas Rusley
• Bernard Johnson
• Robert Baskin
• Christina Gayle Coombs
• Sandra Frick
• Edward Charles Thompson Jr.
• Darrell J. Ford
• Travis M. Buford
• Justice Graham
• Angela Sane
• Kevin Neil Garrett
• Justin Derek Antoine
• Justin Miller
• Gary Terreal Shivers
• Joseph Michael Stankiewitch
Who failed to appear and the Clerk was directed to reissue warrants/capias’ for those individuals.
• A magistrate appeal of State of West Virginia vs. Elvis Sprouse was heard and upheld by the Judge, after testimony was heard in the matter.
• State of West Virginia vs. Shane Posey
He was before the Court and his trial is now set for Tuesday, January 29, 2013 at 9:00 AM.
A pre-trial will be heard Friday, January 18, 2012 at 9:00 AM.
Posey is represented by Daniel Grindo.
• State of West Virginia vs. Charles Emerson
This was the 1st trial on Wednesday, November 14, 2012.
He is represented by Kevin Duffy of Clay.
• State of West Virginia vs. Tonya Ramsey
She entered a plea to obtaining a controlled substance by misrepresentation.
She was represented by Christina Flanigan of Buckhannon.
She will be sentenced Monday, January 14, 2013 at 11:00 AM.
• State of West Virginia vs. Jimmie Glen Stewart
He will have an evidentiary hearing on Thursday, November 15, 2012 at 1:00 PM.
His trial is Tuesday, November 27, 2012 at 9:00 AM.
He is represented by Steve Nanners of Buckhannon.
• State of West Virginia vs. Garry Dobbins
He was before the Court for revocation of his probation.
Dobbins admitted the allegations in the petition and Judge Alsop revoked his probation and ordered he be sent to Anthony Center for Youthful Offenders.
Dobbins was represented by Christina Flanigan of Buckhannon.
• Three juvenile hearings were heard and 2 were reset for Monday, January 14, 2013 at 10:00 AM and 10:15 AM respectively.
• On Tuesday, November 13, 2012 at 9:00 AM Judge Alsop held 5 juvenile cases with hearings being reset for Monday, February 11, 2013 at 9:15 AM, 9:25 AM, 9:35 AM; and two reset for Monday, December 10, 2012 at 9:15 AM and 9:30 AM.
• State of West Virginia vs. Henry Jenkins
He was before the court for reconsideration of sentence heretofore handed down.
Judge Alsop he received a very favorable plea agreement and denied the motion to reconsider.
Jenkins was represented by Christina Flanigan.
On Tuesday, November 13, 2012 at 1:00 PM arraignments were held on those persons indicted November 08, 2012.
• State of West Virginia vs. Catherine McGhee
She pled not guilty and her pretrial will be Friday, January 18, 2013 at 10:00 AM and trial for Wednesday, January 30, 2013 at 9:00 AM.
• State of West Virginia vs. Randall Eric Lambey
He failed to appear and a bench warrant was issued with bond being set at $15,000.00.
• State of West Virginia vs. Jarod Scott
He failed to appear but his arraignment was reset for Wednesday, November 14, 2012 at 11:45 AM and also Gerald Alan Adkins II will be arraigned at that time.
• State of West Virginia vs. John Carder
He appeared without an attorney and asked for a court appointed attorney.
He posted a $25,000.00 personal recognizance bond until 4:00 PM Friday, November 16, 2012 when he must post a $25,000.00 surety bond.
• State of West Virginia vs. Larry Bush
He appeared and his pretrial is set for 11:00 AM Friday, January 18, 2013 with his trial on Tuesday, February 05, 2013.
• State of West Virginia vs. Donald Norman had his trial continued to the next term of Court.
He appeared with Shelly DeMarino due to the illness of his attorney, Loren Howley.
• State of West Virginia vs. Elsie Marie Tingler
She appeared and her pretrial is set for 11:30 AM Friday, January 18, 2013 with her trial to be on Tuesday, February 12, 2013.
• State of West Virginia vs. Jeremy Knicely
He failed to appear and a bench warrant was issued for his arrest with bond being set at $25,000.00.
Later the Circuit Clerk contacted his attorney, because she had neglected to notify him of the time of arraignment and asked if he could also appear on Wednesday, November 14, 2012 at 10:45 AM for arraignment.
He is represented by Clinton Bischoff of Summersville.
• State of West Virginia vs. Carrie Beth Sumpter
She had her trial continued to the next term of Court, as did Stacey Bright.
• State of West Virginia vs. Robert Hacker
He appeared and his pretrial is set for 9:00 AM Friday, February 08, 2013 and his trial Wednesday, February 20, 2013.
• State of West Virginia vs. Joshua Whitley
He did not appear and had a bench warrant issued with bond being set at $25,000.00.
• State of West Virginia vs. Rodney Glen Singleton
He asked to hire his own attorney and his arraignment was continued to Monday, December 10, 2012 at 10:30 AM.
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