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Another Case of Animal Abuse in Gilmer County Earlier This Month

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It has been brought to our attention by our readers about another case of animal abuse earlier this month in Gilmer County and our lack of coverage.

Most of our news coverage is by tips from our readers. So please if we ever miss anything bring it to our attention.


The animal abuse case involved a Gilmer County woman who is facing multiple animal abuse charges.

Dwanetta Martin of Glenville, was charged with three counts of cruelty to animals.

According to Gilmer County Sheriff Deputies three dogs were found in the backyard of the accused with no food or water and animals in poor condition.

The documents noted a choker chain on one of the dogs had allegedly grown into the dog’s neck, and maggots were present.

The Gilmer County Sheriff’s Department is asking if you have any information about any animal abuse in the area, give the office a call at 304.462.7441.

Gilmer County: Five Arrested for Alleged Animal Abuse

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Gilmer County Sheriff’s Department arrested five people on Friday, June 24, 2011 for animal cruelty and abuse.

Kenny Greenleaf, Sara Greenleaf, Diana Wallbrown, Savannah Wallbrown, and Larry Rex Wallbrown, II, were all charged with animal cruelty and littering.

About 65 animals including 6 horses, 11 dogs, 2 rabbits, 23 chickens, and a cockatoo were seized.

They say there were a number of other animals that they couldn’t catch at the time, but have since been able to rescue, including ducks and guinea.

Some animals were tied up, others were caged, and all were underfed.

Sheriff Deputies stated they rarely see a case this bad.

GFP - 06.25.2011
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GSC Football Player Arrested for Sexual Assault

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A Glenville State College football player – QB is behind bars for sexual assault charges against him allegedly happened on June 17, 2011.

Gabriel Phrophet (Gabe Prophet), 22, was arraigned by Gilmer County Magistrate Carol Wolfe on Thursday, June 23, 2011

A warrant was issued by Magistrate Robert Minigh on Tuesday, June 21, 2011.

He is facing two felonies charges involving sexual assaults of 1st and 2nd degree.

Phrophel was booked at Central regional Jail on June 23, 2011.

Phrophet remains in the Central Regional Jail on $25,000.00 cash or surety bond.

GFP - 06.24.2011
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G-otcha™: Two Sentenced in Federal Court - 06.22.11

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Two individuals were sentenced on June 17 - 20, 2011, in United States District Court in Clarksburg before United States District Judge Irene M. Keeley.


United States Attorney William J. Ihlenfeld, II, announced that:


•  RICKY JOE FRASHURE

Age 39, of Linn, West Virginia, was sentenced to 15 months imprisonment to be followed by two years supervised release.

FRASHURE entered a plea of guilty on March 04, 2011, to one count of an Indictment charging him with being a felon in possession of a firearm on October 02, 2008, in Gilmer County, West Virginia.

FRASHURE is currently free on bond and will self-report to a designated federal institution.

The case was prosecuted by Assistant United States Attorney Zelda E. Wesley.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Gilmer County Sheriff’s Department.


•  DONALD EDWARDS

Age 29, an inmate at FCI Gilmer, was sentenced to 12 months and one day imprisonment.

EDWARDS entered a plea of guilty on June 17, 2011, to one count of Information charging him with striking a Correctional Officer in the forehead while officers were attempting to restrain him on August 02, 2009.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower.

The case was investigated by the Federal Bureau of Investigation and Special Investigative Services at FCI Gilmer.

ATTENTION:  July 2011 Petit/Magistrate Jurors

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The following persons have NOT returned their jury questionnaires for the upcoming July 2011 term of Circuit Court:


•  MONICA BAME

•  MILLIE BEALL

•  MICHAEL DEAN BILL

•  DEBRA LYNN BUSH

•  BEVERLY DIANNE BUTLER

•  WAYNE FRESHOUR

•  DAVID JORDAN

•  THERESE MARKS

•  RANDY MAXWELL

•  JAIME S. McCUMBERS

•  BRITTANY McHENRY

•  JUSTINE VICTORIA McLAURIN

•  LOWELL GENE McNEMAR

•  DANA M. POLIVKA

•  JESSICA POUNDS

•  FAITH ROBINSON

•  COURTNEY SCHOOLCRAFT

•  TYRONE SCOTT SIAS JR.

•  AMBER LEE SMITH

•  GREGORY ALLEN SMITH

•  JAMES H. STOUT

•  MELINDA STUMP

•  DONALD RAY WEAVER

•  MARYA.WHIPKEY


All questionnaires were due within 10 days, and it is absolutely crucial that you return them to my office.

If you have any questions, or know of the whereabouts of any of these persons, please call me at 304.462.7241 between 8:00 am and 4:00 PM.

Karen Elkin
Gilmer County Circuit Clerk

Gilmer County Circuit Court Report – 06.14.11

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On Monday, June 13, 2011 Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.


Four fugitives from justice cases were before the Court, all 4 being represented by Christopher Moffatt of Charleston.
All individuals waived extradition back to their respective states as follows:


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1) Marcus Darnell Mitchell waived to return to Ohio;


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2) Dorian Steven Phillips also waived to return to Ohio;


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3) Juan Manuel Alderete waived to return to New Mexico; and


4) Andrew Mullins waived to return to Pennsylvania.

Authorities in their states have until 4:00 PM Wednesday, June 22, 2011 to pick these individuals up at the Central Regional Jail or they will be released.


Several juvenile reviews were conducted and further hearings were scheduled for Monday, August 08, 2011 at 9:30 AM, Monday, September 12, 2011 at 9:00 AM, Tuesday, July 12, 2011 at 1:00 PM, Monday, July 11, 2011 at 10:00 AM and Tuesday, July 12, 2011 at 1:00 PM.


A habeas corpus petition filed by David Allen Shaffer was before the court.
However, after doing a video conference from Denmar Correctional Center with Shaffer, his attorney Kevin Hughart informed the Court that due to the Judge having amended his sentencing order there were no more issues to address in the petition.
This matter will now be dismissed from the Court’s docket.


State of West Virginia vs. Walter Wallace Adkins Jr.
He was again before the Court on a motion to reduce bond (as well as the home confinement requirement), which the Judge denied and Adkins will be the first trial on Wednesday, July 13, 2011 before the petit jury.


Before Judge Alsop left for the day he performed a wedding.


Judge Alsop will return in July for his term of court.

Another WV County Joins Online Court Records System

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Monongalia County Magistrate Court is the second in West Virginia to begin using a computer system aimed at linking electronic records throughout the state by 2016.

Supreme Court Administrator Steve Canterbury tells the Dominion Post he hopes records will be publicly accessible after magistrate courts in one-third of the 55 counties are on board.

The $15 million Unified Judicial Application will eventually let people search court records from their own computers.

Canterbury says Greenbrier County was the first to use the new system. State officials spent more than two years working out the kinks before expanding to a second county.

He says Monongalia was chosen because it has a larger population and a brisk court docket.

Weston Couple Blames 91 Companies for Lung Cancer Diagnosis

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A Weston couple is suing 91 companies they claim are responsible for a lung cancer diagnosis after breathing in asbestos fibers.

In January 2010, Charles J. Poloka was diagnosed with lung cancer, according to a complaint filed April 26 in Kanawha Circuit Court.

Poloka and his wife, Alicia Poloka, claim the defendants caused the lung cancer by exposing Mr. Poloka to asbestos fibers during his employment career.

The defendants failed to provide Mr. Poloka with the knowledge as to what would be reasonably safe and sufficient wearing apparel and proper protective equipment and appliance, according to the suit.

The Polokas are seeking compensatory and punitive damages. They are being represented by Brian A. Prim.

The case has been assigned to a visiting judge.

The 91 companies named as defendants in the suit are A.O. Smith Corporation; Ajax Magnethermic Corporation; Allied Glove Corporation; American Optical Corporation; Armstrong International, Inc.; Armstrong Pumps, Inc.; Aqua-Chem, Inc.; Atlas Industries, Inc.; Aurora Pump Company; Beazer East, Inc.; Cashco, Inc.; Catalytic Construction Company; CBS Corporation; Champlain Cable Corporation; Columbus McKinnon; Crane Co.; Crown Cork & Seal Company; Dezurik, Inc.; Dravo Corporation; Durametallic Corporation; Eaton Corporation; Eichleay Corporation; F.B. Wright Company; Fairmont Supply; Flowserve U.S., Inc.; FMC Corporation; Foseco, Inc.; Foster Wheeler Corporation; General Electric Company; Gentex Corporation; George V. Hamilton, Inc.; Goulds Pumps, Inc.; Greene Tweed & Company; Grinnell Corporation; Hedman Resources Limited; Honeywell, Inc.; Hunter Sales Corporation; IMO Industries, Inc.; I.U. North America, Inc.; Industrial Holdings Corporation; Ingersoll-Rand; Insul Company, Inc.; ITT Corporation; J.M. Foster, Inc.; Jarden Consumer Solutions; Joy Technologies; M.S. Jacobs & Associates, Inc.; Mallinckrodt Group, Inc.; McCann Shields Paint Company; McCarls, Inc.; McJunkin Red Man Corporation; Met-Pro Corporation; Metropolitan Life Insurance Company; Milwaukee Valve Company; Mine Safety Appliance Company; Minnotte Contracting Corporation; Morgan Engineering; Nagle Pumps, Inc.; Nitro Industrial Coverings, Inc.; Oglebay Norton Company; Ohio Valley Insulating Company; Owens-Illinois, Inc.; P&H Mining Equipment, Inc.; Pennsylvania Sn, Inc.; Plotkin Brothers Supply, LLP; Powell Valve Company; Power Piping; Premier Refractories, Inc.; Reading Crane & Engineering Co.; Riley Stoker Corporation; Safety First Industries, Inc.; Saint-Gobain Abrasives, Inc.; Sealite, Inc.; Seco/Warwick; Spirax Sarco, Inc.; Square D Company; Stockham Valves & Fittings; Sunbeam Products, Inc.; Tasco Insulation, Inc.; the Sager Corporation; Thiem Corporation; Treco Construction Services, Inc.; Tyco Flow Control Company, LLC; UB West Virginia, Inc.; Unifrax Corporation; Union Carbide Corporation; Vimasco Corporation; Washington Group International; Whiting Corporation; Yarway Corporation; and Zurn Industries.

Kanawha Circuit Court case number: 11-C-670

~~  By Kyla Asbury - WV Record ~~

Gilmer County Circuit Court Report – 05.23.11

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•  On Wednesday, May 18, 2011 Judge Alsop presided over 2 juvenile cases, one of which was rescheduled for Friday, July 08, 2011 at 9:00 AM.


On Monday, May 23, 2011, Chief Judge Richard A. Facemire presided over a 3 page docket as follows:


•  Two fugitives from justice (both represented by R. Russell Stobbs of Weston waived extradition back to their respective states.
Wayne Hill waived to return to Kansas and John Norris waived to go back to Ohio.
Authorities have until 4:00 PM on Tuesday, May 31, 2011 to pick them up or Central Regional Jail will release them.


•  Several juvenile cases were heard and rescheduled for Monday, August 22, 2011 at 9:00, 9:10, 9:15, 9:20 and 9:30 AM.


•  A civil case regarding a sale of property was heard and funds will be placed in escrow pending final report of the attorney.


•  The case of State of West Virginia vs. James Lee Shields was continued to the July term of Court.


•  State of West Virginia vs. Shannon Marks
She was before the Court for sentencing.
Judge Facemire sentenced her to 1-5 in the penitentiary, with sentence being suspended and she was placed on 5-years’ probation.
She received NO fine but must pay court costs and attorney fees within 18 months.
She was represented by Christina Flanigan of Buckhannon.


•  State of West Virginia vs. Brian Hardesty
He was sentenced to 1-10 in the penitentiary with his sentence being suspended and he was granted 5 years’ probation.
He must pay court costs within 18 months and restitution within 3 years, and must pay a minimum of $50.00 per month by the 5th of every month.
He also must perform 100 hours of community service per year he is on probation.
He was represented by R. Russell Stobbs of Weston.


•  One individual who was convicted as a juvenile, but who is now 18 years of age, received a 6 month sentence in Central Regional Jail and fined $ 100.00 plus court costs.
He was represented by T.J. Drake of Gassaway.


•  The civil case of Gregory Davis vs. Timothy B. Butcher, et al was before the Court on a motion to dismiss, and after arguing his case the Judge granted Tim Butcher’s motion and dismissed the case without prejudice.

•  State of West Virginia vs. Jimmy R. Stump
He saw his case dismissed without prejudice by the prosecuting attorney.
He was represented by R. Russell Stobbs.


•  A 2008 magistrate case was before the Court to determine the competency of the defendant.
The prosecutor agreed to dismiss the charges in magistrate court and if necessary proceed to filing a mental petition against defendant.


•  State of West Virginia vs. Walter Wallace Adkins Jr.
He had motions heard in his case and Judge Facemire set his trial for Tuesday, May 31, 2011.
All March term petit jurors will need to report for trial.
He is represented by Christina Flanigan.

Gilmer County Family Court Report – 05.20.11

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On Friday, May 20, 2011 Family Court Judge heard several cases as follows:


•  One contempt case will be rescheduled because not enough time was allowed for it, and one contempt was granted.


•  A preliminary hearing was held in a divorce case, one divorce case was dismissed, one allocation case will be rescheduled.


•  One divorce was granted: Roy C. Crouse (35 ) of Weston, WV divorced Mary Rose Ellen Crouse (27 ) of Linn, WV.

Daily G-Eye™ : 05.15.11

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Gilmer County Courthouse - Primary Election 2011 - 05.14.11


Submit photos for this daily feature. You may select to have your name listed as well.
Send your photo(s) to “tellus@gilmerfreepress.net”

Gilmer County Circuit Court Report - 05.09.11

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Judge Jack Alsop presided over his regular monthly motion day on Monday, May 09, 2011 and heard 5 juvenile reviews.

•  One was scheduled for further review on Monday, August 08, 2011 at 9:00 AM.

•  One on Monday, August 08, 2011 at 9:15 AM.

•  One on Monday, June 13, 2011 at 10:00 AM.

•  One was dismissed.

•  One was reset for Thursday, July 07, 2011 at 1:00 PM.

Gilmer County Family Court Report - 05.06.11

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On Friday, May 06, 2011 Family Court Judge Larry Whited presided over a 2 page docket in Gilmer County.


•  One divorce was granted:

Lisa Ullom (55) of Cox’s Mills Divorced Kim Ullom (56) of Glenville on 05.06.11


•  A temporary relief hearing was scheduled, but neither defendant nor his counsel appeared.


•  Temporary orders were entered in 9 cases with final orders to be entered at a later date.

G-OB™: NOW TAKING APPLICATIONS - Litter Control and Cleanup Supervisor 05.05.11

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The Gilmer County Commission is now accepting application for a part-time litter control and cleanup supervisor.

Supervisory experience is needed.

This position requires physical activity.

$12.50 per hour.

Submit your application to the office of the Gilmer County Clerk at 10 Howard Street, Glenville, WV 26351 on or before May 13, 2011 at 4:00 PM.

Jean Butcher
Gilmer County Clerk

Gilmer County Circuit Court Report - 05.02.11

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Judge Facemire heard several cases in Gilmer County on Friday, April 29, 2011 as follows:


One fugitive from justice case was dismissed without hearing because authorities in Indiana no longer wanted a detainer for him.


Two other fugitives from justice waived extradition to their states, namely Marquette Edwards waived back to Virginia and Kamar Boatman waived extradition back to New York.
Authorities have until 4:00 PM Wednesday, May 11, 2011 to pick the defendants up or Central Regional Jail will release them.
Both men were represented by Clinton Bischoff of Summersville.


State of West Virginia vs. Shanna Johnson
She pled to 1 count of forgery and 1 count of uttering with the prosecutor dismissing 2 other counts of the indictment.
Her sentencing will be on Monday, June 27, 2011 at 11:00 AM.
She was represented by Clinton Bischoff of Summersville.


State of West Virginia vs. Roseann Shelton
She failed to appear for her pretrial hearing and the Judge suspended her bond and issued a bench warrant for her arrest and set bond at $200,000.00 cash.
The Clerk issued the warrant to the state police for service upon her.
Later in the morning Shelton’s mother called and said her father had fallen and was being taken to the hospital and that was why Roseann had not appeared.
She was represented by David Karickhoff of Sutton.


State of West Virginia vs.  Billy Tomblin
He was before the Court for revocation of his probation which he pled no contest to.
The Judge denied him alternative sentencing, and stated he was troubled about this case and would not give Tomblin a second chance.
Tomblin had seen 3 felonies dismissed against him and he was allowed to plead to a misdemeanor charge and received probation.
Judge Facemire sentenced him to 1 year in Central Regional Jail.
He was also represented by David Karickhoff of Sutton.


State of West Virginia vs. Laura LeFever
She was before the Court for a suppression hearing and after testimony by the investigating officer R.P. Smith.
Her trial remains set for Tuesday, May 24, 2011.

Braxton County Man Admits to Sex Crime against Step Granddaughter

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A Braxton County man admits to molesting his then 8-year-old step granddaughter in Kanawha County.

William Rollyson plead guilty to one count of sexual abuse.

He faces up to five years in prison when he sentenced in July.

Rollyson—talking about the 2007 attack in Kirby hollow—said he was tired of coming to the courthouse after 4 years and wanted to plead guilty.

~~  WCHS  ~~

Gilmer County Circuit Court Report - 04.26.11

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Chief Judge Richard A. Facemire presided over his regular monthly motion day on Monday, April 25, 2011, with a full docket.


•  One fugitive from justice Rafael Martinez was wanted by the state of Maryland.
He waived extradition back to Maryland and was represented by Christina Flanigan of Buckhannon.
Authorities have until 4:00 PM on Wednesday, May 04, 2011 to pick him up at Central Regional Jail or he will be released.


•  Several juvenile reviews were held and further hearings rescheduled as follows: Hearings on Wednesday, August 10, 2011 will be at 9:00, 9:10, 9:20 and 9:30 AM.

•  One juvenile case was dismissed.

•  One infant guardianship was granted.

•  Another juvenile case will be heard on Monday, May 23, 2011 at 11:15 AM.

•  Another will be heard on Thursday, July 07, 2011 at 9:00 AM.


•  State of West Virginia vs. Joran Biscombe
He was before the Court for a pre-trial.
He had been represented by Kevin Hughart (court appointed attorney) but had recently retained his own attorney, Timothy Gentilozzi, and neither he nor his new attorney appeared.
Judge Facemire had the clerk Issue a warrant for Biscombe’s immediate arrest and forfeited his bond.
However, by the end of the day Biscombe and his new attorney appeared in Court.
Judge Facemire set aside the warrant and readmitted him to the bond heretofore posted.
His trial is still scheduled for Tuesday, May 17, 2011 at 9:00 AM.


•  State of West Virginia vs. Mark Taylor
He was before the Court for reduction of bond.
Judge Facemire reduced his bond to $10,000.00 good and sufficient surety to be approved by the Clerk.
Taylor is represented by Daniel Grindo of Gassaway and remains in Central Regional Jail.


•  State of West Virginia vs. Richard Lee Siers
He was before the court for pretrial.
He is represented by David Karickhoff of Sutton, who is still awaiting the psychological report.
Siers trial is set for Tuesday, May 24, 2011 at 9:00 AM.


•  State of West Virginia vs. Yarica Jackson (represented by Kevin Hughart of Sissonville)
and
•  State of West Virginia vs. Mary Ann Starcher (represented by Christina Flanigan)
Both entered guilty pleas to 6 counts of their 81 count indictment.
Each pled to 5 counts of child abuse resulting in injury and 1 count of conspiracy.
Other counts in their indictments will be dismissed by the prosecutor.
They will be sentenced on Monday, June 27, 2011 at 9:30 AM.


•  State of West Virginia vs. Danny Reaser
He entered a plea to failure to register as a sex offender.
He was represented by Kevin Hughart.
He will also be sentenced on Monday, June 27, 2011 at 9:30 AM.


•  State of West Virginia vs. James Roberson
He entered a plea to manufacturing a schedule I controlled substance with all other counts of his indictment to be dismissed by the prosecutor, who will also recommend probation at sentencing which will occur on Monday, June 27, 2011 at 9:30 AM.
He was represented by Kevin Hughart.


•  State of West Virginia vs. Kenneth McCord
He was before the Court for a pretrial.
However, he asked that his trial be continued to the July, 2011 term of Court.
He was represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Laura LeFever
He was scheduled for a suppression hearing.
However, her attorney forgot to notify her of the date and time.
Her hearing was rescheduled for Friday, April 29, 2011.
She was also represented by David Karickhoff.


•  State of West Virginia vs. Florence Parker
She pled guilty to 3 counts of embezzlement and the prosecutor will dismiss the remaining counts.
She waived a presentence investigation and the Judge proceeded to sentence her.
She received 10 years in the penitentiary on each count, but her sentence was suspended and she was placed on 5 years’ probation.
She paid $3248.87 restitution (which the Clerk will pay to Calhoun Banks) and she must also pay court costs.
She was represented by T.J. Drake of Sutton.


•  A civil case was rescheduled for Monday, May 23, 2011 at 11:30 AM.


•  Two jury trials were scheduled for Tuesday, April 26, 2011.
But both defendants pled instead.
Jurors reported and were excused.
They must call the recording in the Clerk’s office on Monday, May 09, 2011 regarding a Tuesday, May 10, 2011 trial scheduled at this time.


•  Angel M. Hart entered a “no contest” Kennedy plea to conspiracy and the prosecutor dismissed the other count of her indictment as well as a battery charge pending in Magistrate Court against her.
She was represented by R. Russell Stobbs of Weston and will be sentenced at 10:00 AM on Monday, June 27, 2011.


•  Jimmy Sandy pled guilty to manufacturing a Schedule I control substance and saw the other count of his indictment dismissed as well as a domestic battery charge pending against him in Magistrate Court.
He was represented by Christopher Moffett of Charleston and will also be sentenced on Monday, June 27, 2011 at 10:30 AM.


Judge Facemire will be back in Court on Friday, April 29, 2011 for further hearings.

Daily G-Eye : 04.25.11

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New Security Cameras at Gilmer County Courthouse, Glenville, WV - 04.23.11


Submit photos for this daily feature. You may select to have your name listed as well.
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Gilmer County Board of Education Meeting Monday - 04.25.11

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The next meeting of Gilmer County Board of Education is on Monday, April 25, 2011 at 7:00 PM.

Meeting is held at Gilmer County High School Library.

Gilmer County Circuit Court Report - 04.11.11

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On Monday, April 11, 2011,  Judge Jack Alsop presided over his regular monthly motion day in Gilmer County.


•  One fugitive from justice case was heard wherein William Smarr waived extradition back to the state of Texas.
There are pending charges in Gilmer County Magistrate Court which the prosecuting attorney stated would be taken care of this Thursday and then authorities from Texas may pick him up.
Smarr’s bond was set at $75,000.00.
He was represented by Daniel Grindo of Sutton.


•  One juvenile case was heard and set for further review on Monday, June 13, 2011 at 9:30 AM

•  Another juvenile case was heard and set for further review on Monday, July 11, 2011 at 9:00 AM

•  Another juvenile case was heard and set for further review on Monday, June 13, 2011 at 9:45 AM.

•  A fourth juvenile case was before the Court and set for a bench trial on Wednesday, May 18, 2011 at 1:30 PM.


•  State of West Virginia vs. Cecil Smallwood
The case was before the Court for sentencing upon his former plea of guilty to 1 misdemeanor and 1 felony count.
He was sentenced to 6 months in Central Regional Jail and 1-3 years in the penitentiary, sentences to be served consecutively.
He was also fined $3,000.00.
He was represented by Daniel Grindo.


•  Also before the Court for sentencing and represented by Daniel Grindo was Michael J. Marks.
He was sentenced to 1-5 and 1-15 in the penitentiary upon his former plea to 2 felonies, with his sentences to run consecutively also.

Gilmer County Family Court Report - 04.11.11

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Family Court Judge Larry Whited held Court in Gilmer County on Friday, April 08, 2011.

Divorces were granted as follows:


•  James Beasley (43) of Troy, WV Divorced Sommer Beasley (age unknown) of Park Hill, SC on 04.08.11


•  Richard Bonnett (41) of Weston, WV Divorced Debra Bonnett (46) of Exchange, WV on 04.08.11


•  One modification petition was dismissed and subsequently re-filed by opposing party.


•  One allocation petition will be rescheduled at a later date after meeting with the case coordinator.


•  Another allocation petition was dismissed.

G-FYI™: Trial Scheduled for Previous Gilmer County Clerk’s Wrongdoing

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According to the document below a trial is scheduled for Tuesday, October 25, 2011 at 8:30 AM in the United Stated Federal Court in Clarksburg, WV.


The trial is for the Civil Action No. 1:10CV39:


TEXTRON FINANCIAL CORPORATION, Plaintiff,

vs.

NEW HORIZON HOME SALES, INC., a West Virginia corporation,

GILMER HOUSING PARTNERS, LLC, a West Virginia limited liability company,

and SUMMIT COMMUNITY BANK, a West Virginia corporation, Defendants,


and


SUMMIT COMMUNITY BANK, a West Virginia corporation, Third-Party Plaintiff,

vs.

JACK D. JONES

And OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF GILMER COUNTY, WEST VIRGINIA, Third-Party Defendants.


Click BELOW for a Printable Copy of the Court Documents:

Court Document # 1

Court Document # 2

Court Document # 3

 

GFP - 04.12.2011
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Gilmer County Family Court Report – 04.04.11

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•  Donna Murphy (35) of Sand Fork divorced Christopher Murphy (37) of Sand Fork on 03.16.2011


Family Court Judge Larry Whited appeared in Gilmer County on Wednesday, March 30, 2011 and presided over his domestic violence docket.


•  Two domestics were dismissed and one was granted.


On Friday, April 01, 2011 he presided over a 2 page docket.


•  Jennifer Pettit (33) of Weston divorced on Richard Duane Pettit (41) of Orlando on 04.01.2011.


•  Kendra Singleton (36) of Bumsville divorced Rodney Singleton (32) of Glenville on 04.01.2011.


•  Judge Whited dismissed a domestic violence petition.


•  He entered temporary orders in 3 child support cases.


•  He also entered a genetic testing order in a child support case.


•  Jamie McKay divorced Dennis McKay on 04.04.2011


•  A contempt petition was dismissed and a modification petition was dismissed.

Minnie Hamilton and Several Other State Clinics Argue for Better Medicaid Pay Rates

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A federal judge heard arguments Friday on a motion in a lawsuit by eight West Virginia community health centers seeking what they describe as the proper Medicaid reimbursements outlined by federal law.

U.S. District Judge Thomas Johnston didn’t immediately rule on the plaintiffs’ motion for a preliminary injunction against the state Department of Health and Human Resources and its Bureau for Medical Services.

The lawsuit claims the bureau has failed to follow both federal law and its own state plan for reimbursing providers under Medicaid. Many of the health centers have had to freeze wages and forgo expansion plans and could risk being forced out of business unless they’re properly paid, the lawsuit said.

The state wants the lawsuit dismissed. Lawyers for both sides painted contrasting views about progress on reaching a possible settlement. Community health centers have been attempting to improve reimbursement rates since 2000.

“We’ve been trying to work this out for years,“ said Edward Waters, an attorney for the plaintiffs.

Mary McQuain, an assistant state attorney general, told Johnston the health centers have many other sources of income such as government and private grants, Medicare payments and the Childrens Health Insurance Program.

“They’re like the orphans in the Dickens’ novel,“ McQuain said. “They want more, more.“

Instead, McQuain said it’s the state that will suffer irreparable harm if Johnston grants the motion.

Another option would be an administrative appeals process, but “to our knowledge, none of the health centers have asked,“ McQuain said. “The remedy sought by the plaintiffs ... is contrary to the state plan. The plaintiffs have not demonstrated the actual harm.“

The plaintiffs are E.A. Hawse Health Center in Baker; New River Health Association in Scarbro; Cabin Creek Health Systems in Dawes; FamilyCare HealthCenter in Scott Depot; Minnie Hamilton Health Care in Grantsville; Rainelle Medical Center; Shenandoah Valley Medical Systems in Martinsburg; and Valley Health Systems of Huntington.

In all, the facilities handled about 550,000 patient visits last year, offering medical, dental and behavioral health care. On average, about 28 percent of those patients are covered by Medicaid, but at some centers, the figure was 35 percent or more.

Medicaid is a federal-state program that provides health care to low-income families with children, the blind and disabled, the needy and the elderly. About 346,600 West Virginians are covered. The state receives a federal match for every dollar it provides to Medicaid expenses.

Gilmer County Circuit Court Report - 03.29.11

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Chief Judge Richard A. Facemire presided over a busy motion day on Monday, March 28, 2011 in Gilmer County Circuit Court.


•  Matthew Spratley, a fugitive from justice from the state of VA, waived extradition.
He was represented by TJ. Drake of Sutton.
Authorities in Virginia have until 4:00 PM on Wednesday, April 06, 2011 to pick him up at Central Regional Jail or he will be released.


•  A scheduling order was entered in the civil case involving Ryan Fieler vs. Gregory Smith. Mediation must be completed by Wednesday, August 31, 2011 and Michael John Aloi was appointed to act as mediator.
The pre-trial hearing will be Monday, September 26, 2011 at 9;00 AM with the trial commencing on Tuesday, October 25, 2011 at 9:00 AM.


•  One juvenile matter was taken up.


•  State of WV vs. Florence Parker
She will enter a plea on Monday, April 25, 2011 at 2:00 PM.
She is represented by TJ. Drake.


•  State of WV vs. Billy Tomblin
He was before the Court for revocation of his probation.
However, the petition must be amended.
He was represented by David Karickhoff of Sutton and further hearing will be held in this matter on Friday, April 29, 2011 at 2:00 PM.


•  State of WV vs. Shanna Johnson
She had a status conference in her case.
She will enter a plea on Friday, April 29, 2011 at 9:00 AM.
She is represented by Clinton Bischoff of Summersville.


•  State of WV vs. Walter Wallace Adkins Jr.
He was before the Court asking for a modification to the conditions of his bond.
However, Judge Facemire denied the same and he remains in jail with his trial being third on Tuesday, May 17, 2011.
He is represented by Christina Flanigan of Buckhannon.


•  State of WV vs. Jackie Belknap II
He was also before the Court for a probation revocation.
After taking testimony he was resentenced to 1 -3 in the penitentiary, with sentence suspended and he was readmitted to 5 years probation.
He must pay for his “alcohol bracelet”, pay court costs within 18 months of his release, perform 100 hours community service per year of probation, and attend AA/NA meetings.
He was also represented by Christina Flanigan.


•  State of WV vs. Brian Hardesty
He pled guilty to one count of grand larceny.
He was represented by R. Russell Stobbs of Weston, and will be sentenced on Monday, May 23, 2011 at 11:10 AM.


•  State of WV vs. Telerra Lowry
She pled guilty to conspiracy and will be sentenced on Monday, May 23, 2011 at 10:30 AM.
She was represented by Daniel Grindo of Gassaway.


•  State of WV vs. Shannon Marks
She pled guilty to conspiracy and will be sentenced on Monday, May 23, 2011 at 10:50 AM.
She was represented by Christina Flanigan.


•  State of WV vs. Roseann Shelton
She was before the Court for a plea,
However, the Judge denied the plea bargain agreement and stated it was not in the effective administration of justice.
She is now scheduled for the fourth trial on Tuesday, May 17, 2011.
She will have a pre-trial hearing on Friday, April 29, 2011 at 9;00 AM.
She was represented by David Karickhoff.


•  A scheduling order was entered in the case of Frances Frame vs. John Frame et al.
Pre-trial conference will be held on Monday, August 22, 2011 at 10:00 AM.
Trial is set for Wednesday, September 07, 2011.
Mediation must be completed by Friday, August 12, 2011.
Michael John Aloi was once again appointed as mediator.


•  A large crowd was in attendance for the final hearing of the day between Eddie Anderson et al vs. Gilmer County Board of Education et al.
Attorneys for both sides argued their case, although no testimony was taken.
The Judge ordered both attorneys to file findings of facts and conclusions of law by Monday, April 11, 2011 and then he will make his ruling in the case.

GFP - 03.30.2011
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Federal Judge: Feds Wrongly Delisted WV Flying Squirrel

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A federal judge in Washington, D.C., has overturned the Interior Department’s decision to remove the West Virginia northern flying squirrel from the endangered species list.

The Charleston Gazette first reported last Friday’s ruling by U.S. District Judge Emmet G. Sullivan.

Five environmental groups sued to restore the animal’s protected status in 2009.

They argued the U.S. Fish and Wildlife Service failed to follow its own rules in recommending the delisting of the squirrel that’s found only in higher elevation forests of West Virginia and Virginia.

Sullivan agreed, saying the agency wrongly ignored two unambiguous rules.

The agency argued it was complying with the intent of rules that had become outdated.

But the judge says ignoring them effectively changed the federal recovery plan for the species without the required public-input process.

CommunityConcerns™: Federal Court Rules on Land Dispute Lawsuit for River’s View Project

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Introduction:                     

Information regarding the lawsuit was originally reported by the Gilmer Free Press on November 18, 2010.  Allegations of misconduct involving deeds and titles were reported at the Gilmer County Clerk’s office under previous Gilmer County Clerk Beverly Marks.  At the request of two local attorneys, the Previous County Clerk kept the public in the dark by not disclosing public transactions.

Click to View the Report


11.29.2010: Then we reported the 47 legal documents submitted to the Federal Court.

Click to View the Report


12.02.2010: Another well written report involving the law suit was published on December 02, 2010 by West Virginia’s Legal Journal known as the West Virginia Record and was also presented on the Gilmer Free Press. A Virginia based financial institution alleges the Gilmer County Clerk’s office did not follow state law when it failed to list all the debtors in a 2008 financial statement.

Click to View the Report


Citizens interested in the suit can access the aforementioned sources for comprehensive information by clicking above for each report.


Background:

Essentially, the Textron Corporation (TFC) sued Horizon, the Gilmer Housing Partners (GHP), and others including the Office of the Gilmer County Clerk.

Reportedly, Terry Butcher and Timothy Butcher are designated as trustees for the GHP and Dr. Peter Barr is its president. Terry Butcher was on Glenville State College’s Board of Governors when the River’s View project was initiated and Timothy Butcher replaced him through an appointment by Governor Manchin.


United States Federal Court Ruling:

On March 15, 2011 Federal Judge Fredrick P. Stamp, Jr. ruled on the Federal case.

He ruled that TFC is awarded $270,166.77 in damages and post-judgment interest on an amount to be determined later.

Horizon was also ordered to surrender possession of designated assets immediately to the TFC, and it was stated in the ruling that TFC’s attorney’s fees must be paid.

Although the Office of the Clerk of Gilmer County had filed a motion of dismissal, Judge Stamp denied that motion.

Click to View the Federal Judge Fredrick P. Stamp, Jr.‘s Opinion


The following unanswered questions remain for the mystery:

•  What happens pursuant to the Court’s rulings regarding alleged irregularities at the Office of the Clerk of Gilmer County?

•  What are the legal ramifications of the Judge’s ruling for individuals who purchased property at the Gilmer Housing Partners development?

•  Why did Terry Butcher and Timothy Butcher who have more than 40 years of accumulative professional experience as lawyers fail to guard against legal problems in their roles as trustees for the Gilmer Housing Partners ?

•  What are the legal ramifications of the Judge’s ruling for the Gilmer Housing Partners ? Based on optimistic goals by the GHP not to be met, the River’s View project is seemingly an example of an entrepreneurial failure in the County.


As it is the Gilmer Free Press’ standard policy, parties to the lawsuit are invited to respond to this piece.

The Gilmer Free Press in an attempt to keep the public informed always strives for accuracy by affording parties on both sides of the issue the opportunity to set the record straight.

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Jack Jones - New Horizon

Four Inmates at FCI Gilmer Sentenced

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our inmates at FCI Gilmer were sentenced on March 07 and 10, 2011, in United States District Court in Clarksburg by Judge Irene M. Keeley.

United States Attorney William J. Ihlenfeld, II, announced that TOMA BATES, age 37, was sentenced to 36 months imprisonment to run consecutive to his current sentence; and ODELL GLASS, age 28, JAMES JENKINS, age 29, and DONELLE KIRLEW, age 26, were each sentenced to 24 months imprisonment to run consecutive to their current sentences.

On September 30, 2009, inmates BATES, GLASS, JENKINS, and KIRLEW participated in a protest at FCI Gilmer and refused to return to their cells when ordered.

When staff attempted to restrain them, the four aggressively charged staff and assaulted them.

Inmates BATES and JENKINS caused injury to two staff members.

The case was prosecuted by Assistant United States Attorney Brandon S. Flower.

The case was investigated by the Federal Bureau of Investigation and the Special Investigative Services Unit at FCI Gilmer.

Gilmer County Circuit Court Report - 03.15.11

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On Friday, March 11, 2011 arraignments and docket call were held in Circuit Court with Chief Judge Richard A. Facemire presiding.

•  State of WV vs. Heather Black
Black appeared with her court appointed attorney Christopher Moffatt from Charleston.
She entered a not guilty plea and had her case continued to July 2011 term.
The $50,000.00 bond set in her case will also cover the obstructing charge she is facing in Magistrate Court, if she posts bond.


•  State of WV vs. Felix Aviles Jr.
He appeared represented by David Karickhoff of Sutton and entered a not guilty plea.
He also had his case continued to the July 2011 term of Court.


•  State of WV vs. Jerry Dwane Duelley II
He appeared represented by David Karickoff of Sutton (who was standing in for attorney Daniel Grindo who could not be present).
Duelley entered a not guilty plea and had his case continued until the July 2011 term of Court.


•  State of WV vs. Mark Alan Taylor
Taylor appeared represented by David Karickhoff (for Daniel Grindo) and entered a not guilty plea.
He has a trial set for Tuesday, May 17, 2011.


•  State of WV vs. Jaron M. Biscombe
He appeared represented by Kevin Hughart of Sissonville.
He entered a not guilty plea and has a pre-trial hearing on Monday, April 25, 2011 at 10:45 AM and trial on Tuesday, May 17, 2011.


•  State of WV vs. Richard Lee Siers
He appeared represented by David Karickhoff of Sutton.
He entered a not guilty plea also.
Bond remains at $100,000.00 and pre-trial is set for Monday, April 25, 2011 at 11:15 AM and trial for Tuesday, May 24, 2011.


•  State of WV vs. Florence M. Parker
She did not appear for arraignment, despite a summons being issued by the Circuit Clerk for Braxton County to serve on her.
She is represented by T.J. Drake of Sutton and her arraignment was continued to Monday, March 28, 2011 at 9:45 AM, and a new summons was directed to the Sheriff of Braxton County to attempt to serve her again.


•  State of WV vs. Yarica Kentora Jackson
She appeared and was represented by Kevin Hughart.
She entered a not guilty plea.  However, she is now scheduled to enter a plea on Monday, April 25, 2011 at 11:30 AM.


•  State of WV vs. Mary Ann Starcher
She appeared and was represented by Christina Flanigan of Buckhannon.
She also entered a not guilty plea, but is now scheduled to enter a plea on Monday, April 25, 25 2011 at 11:30 AM.


•  State of WV vs. Christopher McVaney
He appeared and entered a not guilty plea.
He is represented by R. Russell Stobbs of Weston.
He posted $5,000.00 bond and continued his case until July 2011 term.
Special Prosecutor Kelly McLaughlin of Braxton County is prosecuting this case.


•  State of WV vs. Jackie D. Belknap II
She appeared and his probation revocation is now scheduled for Monday, March 28, 2011 at 10:15 AM.
He is represented by Christina Flanigan.


•  State of WV vs. Kevin Curry
He had his bond reduced to $40,000.00 (good and sufficient surety to be approved by the Circuit Clerk).
His trial is scheduled for Tuesday, April 19, 2011, and he is represented by Christina Flanigan.


•  State of WV vs. James Roberson
He will enter a plea on Monday, April 25, 2011 at 11:30 AM.
He is represented by Kevin Hughart.


•  State of WV vs. Angel Hart
She will have a jury trial on Tuesday, April 26, 2011.
She is represented by R. Russell Stobbs.


•  State of WV vs. Jimmy Sandy
He is the 2nd trial on Tuesday, April 26, 2011.
He is represented by Christopher Moffatt.


•  State of WV vs. Brian Hardesty
He is set for plea on Monday, March 28, 2011 at 10:30 AM.
He is represented by R. Russell Stobbs.


•  State of WV vs. Jimmy Stump
He has a Tuesday, May 10, 2011 trial date.
He is also represented by Russell Stobbs.


•  State of WV vs. Telerra Lowry
Who is represented by Daniel Grindo of Gassaway will enter a plea on Monday, March 28, 2011 at 10:30 AM.


•  State of WV vs. Roseann Shelton
She is represented by David Karickhoff and will enter a plea on Monday, March 28, 2011 at 10:30 AM.


•  State of WV vs. Kenneth McCord
He is represented by David Karickhoff and will be the second trial on Tuesday, May 10, 2011.


•  State of WV vs. Stephanie Smarr
He is represented by Christina Flanigan and will be the third trial on Tuesday, May 10, 2011.


•  State of WV vs. Shanna Johnson
She failed to appear for docket call
If she had not appeared by Noon on Tueday, March 15, 2011, the Clerk was directed to issue a capais for her.
However, her attorney appeared and informed the Court that she is lodged at Lakin Correctional Facility.
Thereupon a status conference (with her appearing by video conference) will be held on Monday, March 28, 2011 at 10:00 AM.
She is represented by William Lester of Charleston.


•  State of WV vs. Laura LaFever
She is represented by David Karickhoff and will be the 2nd trial on Tuesday, May 24, 2011.


•  State of WV vs. Shannon Marks
Who is represented by Christina Flanigan will enter a plea at 10:45 AM on Monday, March 28, 2011.


•  State of WV vs. Danny Reaser
He is represented by Kevin Hughart, and will enter a plea at 11:30 AM on Monday, April 25, 2011.


•  State of WV vs. Walter Wallace Adkins Jr.
This will go to trial on Tuesday, May 17, 2011.
He is represented by Christina Flanigan.

•  State of WV vs. James Shields
It is set for trial on Tuesday, May 10, 2011.
He is represented by Christopher Moffatt.


•  One juvenile case was heard and set for review at 10:15 AM on Monday, May 23, 2011.


Chief Judge Richard A. Facemire also appeared in Gilmer County on Tuesday, March 15, 2011 and indoctrinated the petit/magistrate jurors.
The Clerk provided each juror with a letter and instructions to call the recording regarding scheduled trials which are set in April and May at this time.


•  Judge Facemire also heard 3 domestic violence cases due to the illness of Family Court Judge Larry Whited.


•  He also heard a Braxton County case before returning to Sutton.

Judge Alsop held his regular motion day on Monday, March 14, 2011.


•  State of WV vs. Dustin Chad Reed
The case was before the Court for reconsideration of his sentence, which Judge Alsop denied.
He was represented by Keisha May of Charleston.


•  One juvenile was heard and set for further review on Monday, June 13, 2011 at 9:15AM.

•  Another juvenile was heard and set for status review on Monday, April 11, 2011 at 9:45 AM.

•  A third juvenile was heard and set for review on Monday, April 11, 2011 at 10:00 AM.

•  A fourth juvenile was heard and set for review on Monday, April 11, 2011 at 10:15 AM.

•  A fifth juvenile was heard and set for review on Monday, May 09, 2011 at 9:30 AM.

•  A sixth juvenile was heard and dismissed.


•  State of WV vs. James McCune
He was before the Court for sentencing.
He was sentenced to not less than 1 nor more than 5 years in the penitentiary, with sentence suspended and placed on home confinement.
He must pay the home confinement fees, perform 250 hours of community service for each year of home confinement (1-5) and he is allowed to attend 1 church service per week and go to doctor’s appointments only.
He was represented by Christopher Moffatt of Charleston.


•  Arnold Drew Moody Vs. Seneca Trustees Inc.
The case was before the Court for temporary injunction, which the Court denied and the sale will proceed at the front door of the Court House on Wednesday, March 16, 2011.


•  State of WV vs. Kevin Curry
The case was before the Court for the bonding company to show cause why the bond they had posted for Mr. Curry should not be forfeited.
After testimony from Ben Morgan of AAA Bonding, and he having apprehended Mr. Curry and lodging him in the Central Regional Jail, upon Judge Alsop researching the law he did not forfeit the bond.

Court Rules in Favor of Rich Rod in Home Sale Case

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A Monongalia Circuit Court has granted partial summary judgment to former West Virginia University and University of Michigan football coach Rich Rodriguez after a Weirton attorney sued him over problems with the purchase of the coach’s Morgantown home.

The court, in a six-page order entered March 04, denied attorney Raymond A. Hinerman Sr.‘s motion for partial summary judgment.

Hinerman and his wife, Barbara, filed the lawsuit December 27 against Richard and Rita Rodriguez.

In their complaint, the Hinermans said they signed a purchase agreement for the home located in Greystone Estates for $1.3 million and were ready to close on the property on December 20. The sellers asked for that closing to be moved to December 22, and the buyers agreed.

On December 21, the Realtor for the Rodriguezes advised the Hinermans that a room they previously hadn’t been able to inspect—because it was full of children’s toys and, on one occasion, the door wouldn’t open—had suffered a water leak. On the final inspection on December 22, there were ongoing attempts to dry out the “strong musty smell and obvious water leak.“

The Hinermans said all sales documents including the deed were at the Realtor’s office and ready for the closing when the Rodriguezes’ attorney called “stating that there would be no sale until the buyers signed a document accepting full responsibility for the leak and its consequences.“

The Hinermans refused to sign the document and “demanded the sale proceed and tendered the full purchase price to the Realtor.“ Later, in a phone conversation with the Rodriguezes’ counsel, Hinerman said he was told the sellers “were unilaterally continuing the closing until sometime before December 31, 2010.“

The Hinermans argued that the leak and damages were not their responsibility and that the Rodriguezes should fix it. The Rodriguezes refused, and the closing had not been reset at the time of the filing on December 27.

The Hinermans said the Rodriguezes were creating an anticipatory breach of contract. They also said the Rodriguezes were “aware of another buyer willing to pay more than the contracted sale price.“

Also, the Hinermans claimed that a Four Winds boat would be given to them with the purchase of the home. But after signing the purchase agreement, they said the Rodriguezes then said the boat would cost roughly an extra $40,000.

The Hinermans sought to enjoin the Rodriguezes from selling the property to any other persons and to convey it to them for the agreed sale price without any pre-conditions. They also wanted to resolve the issue of who has responsibility for the repair of the leak and its damages. They also wanted a special commissioner appointed to do what sellers are ordered to do should they not immediately do so. And they wanted compensatory and punitive damages as well as other relief including attorney fees, court costs, inconvenience, mental stress and loss of productive time.

On December 30, the Rodriguezes asked the court to dismiss the Hinerman complaint and to deny the motion for injunctive relief. They said the purchase agreement states, “It is understood that this property is being sold ‘as is’ and seller will make no repairs.“

The Rodriguezes said they compromised the sale price to allow a cushion with which the buyers could make repairs if necessary.

The court found that in this case, the Rodriguezes did disclose the defect—the water leak—prior to the Hinermans’ purchase of the propoerty.

“The disclosure gave the Hinermans the contractual option to investigate the defect to determine if they still wanted to purchase the property with their actual knowledge that Paragraph 25 of the Uniform Purchase Agreement excuses the Rodriguezes from repairing the water leak or any other defect,“ the court wrote in its order.

The existence of an “as is” clause in a contract of sale for real estate will not relieve the vendor of his obligation to disclose a condition that substantially affects the value or habitability of the property, if the condition is known to the vendor but not to the purchaser, and would not be disclosed by a reasonable and diligent inspection, the court explained.

“The court finds that while the Rodriguez ‘as is’ contract required a disclosure of the water leak, the disclosure was made,“ it wrote. “Therefore, Hinerman purchasers had actual knowledge of the water leak at issue in the case, and the court further finds that the water leak would have been discovered by the plaintiffs had they initiated a reasonable and diligent inspection of the property after receiving notice of the condition.“

The court said an inspection after the disclosure would have provided the Hinermans the opportunity to withdraw from the purchase of the property had they desired to do so.

“Based on the above findings of fact and conclusions of law and the entire record, the court grants the Rodriguez motion for summary judgment as there are no genuine issues of material fact on the fraud count or the breach of contract count, and the Rodriguezes are entitled to judgment as a matter of law on these two causes of action,“ according to the court order.

However, the court said there were “genuine issues of material fact” on the Four Winds boat sale. The court denied the Rodriguezes’ motion for summary judgment on that issue.

Rodriguez was WVU’s football coach from 2001 to 2007. He led the Mountaineers to the cusp of the national championship game in the 2007 season. A loss to unranked rival Pittsburgh knocked WVU from a chance at the title.

Days after he left WVU, the university took Rodriguez to court over his $4 million buyout clause with the school. In July 2008, the parties settled that suit. Michigan paid $2.5 million of the buyout, and Rodriguez paid the other $1.5 million.

Rodriguez, who was fired in January after coaching at Michigan for three years, led the Wolverines to the school’s worst record in history in 2008 with a 3-9 record. His overall record at Michigan was 15-22.

~~  By Jessica M. Karmasek and Chris Dickerson - WV Record ~~

Gilmer County Grand Jury Returns 10 Indictments

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On Tuesday, March 08, 2011, Chief Judge Richard A. Facemire appeared in Gilmer County and began his March term of Circuit Court.

Also on Tuesday, the grand jury returned 10 indictments as follows:


•  State of WV vs. Heather Black of Glenville
She was indicted for Manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a Schedule II controlled substance and precursor to manufacture of methamphetamine.
She is represented by Christopher Moffatt of Charleston.


•  State of WV vs. Felix Aviles, Jr. of Glenville
He was indicted for sexual abuse in the first degree.
He is represented by David Karickhoff of Sutton.


•  State of WV vs. Jerry Dwane Duelley II of Coxs Mills
He was indicted for First offense driving under the influence of alcohol (2 counts) and possession with intent to deliver a schedule I controlled substance.
He is represented by Daniel Grindo of Gassaway.


•  State of WV vs. Mark Alan Taylor, of Linn
He was indicted for burglary, false information to trooper and transferring stolen property.
He is represented by Daniel Grindo of Gassaway.


•  State of WV vs. Jaron Mishka Biscombe of Cedarville
He was indicted for manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule II controlled substance (2 counts), manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a schedule IV controlled substance (3 counts), possession of a schedule I controlled substance (1 count).
He is represented by Kevin Hughart of Sissonville.


•  State of WV vs. Richard Lee Siers of Nicut
He was indicted for sexual assault in the third degree (11 counts).
He is represented by David Karickhoff of Sutton.


•  State of WV vs. Florence M. Parker of Gassaway
She was indicted for embezzlement (3 counts) and falsifying accounts (28 counts).
She is represented by T.J. Drake of Sutton.


•  State of WV vs. Yarica Kentora Jackson of Cox’s Mills
She was indicted for child abuse resulting in injury (80 counts) and conspiracy to commit an offense against the State of WV.
She is represented by Kevin Hughart.


•  State of WV vs. Mary Ann Starcher of Cox’s Mills
She was indicted for child abuse resulting in injury (80 counts) and conspiracy to commit an offense against the State of WV.
She is represented by Christina Flanigan of Buckhannon.


•  State of WV vs. Christopher McVaney of Arnoldsburg
He was indicted for child abuse resulting in bodily injury.
His case was presented to the grand jury by special prosecutor (Braxton County prosecutor Kelly Hamon McLaughlin).


All persons indicted on Tuesday need to appear at 9:00 AM to be arraigned and post bond if not already posted.

The Circuit Clerk issued summonses for all indictees to appear on Friday, March 11, 2011.

Criminal docket call is now also scheduled for Friday, March 11, 2011 to determine if pleas will be entered or trials will be scheduled.

Lewis County: Criminal Indictments Returned Against Twelve

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The March term of the Lewis County Grand Jury convened at the Lewis County Courthouse on Monday, finishing their work by 1:00 PM with Judge Thomas Keadle presiding.

Prosecuting Attorney Gary Morris made thirteen presentments involving twelve individuals.

While these individuals are presumed innocent until proven guilty, the Grand Jury returned indictments against:

•  Heather A. Black, 29, of Glenville; indicted on two counts of burglary, two counts of conspiracy and one count of grand larceny.

•  Kristen Renee Butcher, 21, of Glenville; indicted on two counts of burglary, two counts of conspiracy and one count of grand larceny.

•  Michele Lee Fisher, 40, of Cedarville; indicted on one count of obtaining property in return for a worthless check, one count of forgery, and one count of uttering.

•  Heidi Anne Howard, 39, of Buckhannon; indicted for one count of obtaining property in return for a worthless check.

•  Adam Ryan Huntz, 30, of Weston; indicted on one count of forgery and one count of uttering.

•  Kenneth James Lindsey, 26, of Weston; indicted on one count of grand larceny and one count of concealing stolen property.

•  Randel Adam McVay, 25, of Jane Lew; indicted on one count of fraudulent use of access device and one count of conspiracy.

•  William A. Miller, 24, of Weston; indicted on one count of malicious wounding and indicted on a separate offense of one count of child abuse resulting in injury.

•  Sandie L. Orbaugh, 39, of Lords Valley, Penn.; indicted on two counts of forgery, one count of uttering, and two counts of fraudulent use of access devise.

•  Thomas B. Sowell, 19, of Jane Lew; indicted on one count of grand larceny.

•  James Marcus Taylor, 46, of Weston; indicted on one count sex offender registration violation.

•  Edward Tracie Wolfe, Jr. , 20, of Alum Bridge; indicted on two counts of sex offender registration violations.

Those indicted will be arraigned on Friday in Lewis County Circuit Court.

Note: The offense of uttering means to pass something as genuine when it is known to be false. Fraudulent use of access device usually refers to the use of another’s credit or debit card without their knowledge or permission.

G-InMyOpinion™: Is It Really Internet Bullying Mr. Prosecutor?

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Gilmer’s prosecutor succeeded masterfully in focusing unwelcomed adverse publicity on the County with his speech at the WV Association of Counties meeting.

His flowery argument was that public officials are pilloried unfairly on the Internet.

Maybe the prosecutor should reconsider what he said. Our citizens are merely bursting from chains of submissiveness to result in enhanced situational awareness.

A major threat to situational awareness in areas similar to ours, underserved by the conventional news media, has been the control of access to vital information.

That control has squelched opportunities for citizens to participate in check-and-balance processes envisioned by our founding fathers.

Now, citizens have advanced to a stage where they are demanding more accountability dependant on access to accurate and timely information.

For some of the numerous examples of the withholding of information from citizens:

 why do you Mr. Prosecutor fail to act when there are allegations of serious crimes,

 why does Glenville State College as a public funded institution fail to be forthright with information,

 why does the local newspaper not engage in investigative reporting when there are questions surrounding Fred Hill’s death in addition to other important issues affecting the County?

 Related to GSC, why is the federal lawsuit involving the land controversy below the I. L. Morris Bridge not being disclosed to citizens, and

 why is GSC’s Board of Governor’s case against Scarlett Kellerman et al. being kept secret?

 Do GSC’s and other County officials believe that citizens are mentally defective to know how and where to retrieve information?

Surprise, surprise, surprise, we are becoming highly proficient participants in the information age with our humming computers.

Unfortunately, when there are intentional communications blackouts it is normal for speculation to be fueled.

Unfortunately some of it can be more appalling then merited by facts, but that is the risk when open disclosure is avoided.

Regarding vicious Internet attacks on children and innocent family members of controversial figures in the County, that despicability is often applied by low-lifers to attract attention to their zealous causes.

Decent citizens categorically condemn the filth and its harm being done to children and other innocents!

Regardless, Mr. Prosecutor, instead of denigrating citizens who ask questions and express personal opinions, why not communicate more effectively with constituents to set records straight and to demonstrate that you are performing your job?

Gilmer people understand human fallibility and they don’t expect perfection. Don’t fail to understand though that citizens are far more proficient in understanding what is happening in their environs than elitists perceive.

Citizens won’t demonstrate on the streets and engage in civil disobedience. Instead, they are casting knowing glances at those believed involved in wrong-doing who unwittingly assume that their deeds are unsuspected.

Be assured that citizens’ responses to what is occurring will become abundantly apparent at the next election, and vulnerable officials feeding at the public trough are forewarned to polish their resumes for mass mailings.

~~  GALAHAD ~~

GFP: Once again, if we don’t know who you are, your comment will not be activated. You MUST give us verifiable information with your comments and complete the verification process.

Gilmer County Circuit Court Report - 03.03.11

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On Monday, February 28, 2011 Chief Judge Richard A. Facemire appeared in Gilmer County and held his regular monthly motion day.


Two fugitives from justice were heard and both waived extradition to their respective states:

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•  The state of Washington wanted Douglas J. Sclafani

 

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•  The state of Virginia wanted Antoine Lee.

Both fugitives were represented by Daniel Grindo of Gassaway and authorities in their states have until 4:00 PM Wednesday, March 09, 2011 to pick them up at Central Regional Jail or they will be released.


•  One infant guardian proceeding was before the Court but an order of publication needed to be run in the local paper for the absent father of the infant before further proceedings can be held.


Ten juvenile cases were heard and rescheduled as follows:

•  One will be Monday, May 23, 2011 at 9:00 AM.
•  One will be Monday, May 23, 2011 at 9:10 AM.
•  One will be heard Monday, May 23, 2011 at 9:20 AM.
•  One will be Monday, May 23, 2011 at 9:30 AM.
•  One will be Monday, May 23, 2011 at 10:00 AM.
•  One was dismissed.
•  One was set for Monday, June 27, 2011 at 9:00 AM.
•  One was set for Monday, June 27, 2011 at 9:10 AM.
•  Another juvenile is set for trial on Wednesday, March 09, 2011.
•  Another juvenile hearing is set for Friday, March 11, 2011 at 10:00 AM.


•  State of WV vs. Ross Lee Marks
He was before the Court for reconsideration of sentence.
He is currently serving sentence in Pennsylvania, and although the Judge denied the sentences running concurrently he did set aside the 1 year home confinement he had previously sentenced Marks too, but let the 5 years probation for him to serve here after being released in Pennsylvania.
Mr. Marks was represented by David Karickhoff of Sutton.


•  Summary judgment was granted in the case of Discover Bank vs. Debra L. Powers.


Dionne Hardman who had previously filed a habeas corpus proceeding in relation to her sentence in 2008, withdrew her complaint and agreed to the sentence already given to her.
She was represented by Joyce Morton of Webster Springs.


•  Grand jury reports Tuesday, March 08, 2011 and petit jury reports Tuesday, March 15, 2011.

 

Judge Jack Alsop appeared in Gilmer County on Thursday, March 03, 2911 to take up several matters.

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•  Beginning at 8:30 AM he took a plea in the case of State of WV vs. Cecil Smallwood.
Smallwood pled guilty to count 1 of the indictment charging him with third or subsequent offense driving under the influence of alcohol and guilty to count 2 of the indictment charging him with second offense driving while license suspended or revoked for driving under the influence of alcohol.
Count 3 of the indictment charging him with the misdemeanor charge of reckless driving was dismissed in the plea bargain agreement.
Sentencing will take place on Monday, April 11, 2011 at 9:15 AM.
He was represented by Daniel Grindo of Gassaway.
Smallwood’s attorney made a motion for him to be released on bond pending sentencing, which motion the Judge denied and sent him immediately to Central Regional Jail for admitting he had consumed alcohol while on bond.

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•  The habeas corpus proceeding involving fugitive from justice William Nesbit, who refused to waive extradition previously, was before the court and Judge Alsop took the matter under advisement and will rule at a later date.
Christina Flanigan of Buckhannon was Nesbit’s attorney.

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•  State of WV vs. Kevin Curry
He was before the Court for a bond revocation hearing and a show cause hearing why AAA Bonding should not have to forfeit the bond for his previous failure to appear.
The order from the Monday, February 14, 2011 hearing not having been entered by the Clerk (who just received it in the day’s mail after this hearing) the matter was rescheduled for Monday, March 14, 2011 at 11:30 AM.
Copies were mailed and Faxed to AAA today and after the order is signed and entered the same will be done with them.
Ben Morgan from AAA Bonding must appear on Monday, March 14, 2011 at 11:30 AM and Curry was returned to jail.
Curry’s lawyer, Christina Flanigan, asked that the $250.000.00 bond previous set by the Court be reduced, which motion the Judge denied and returned Mr. Curry to jail in the meantime.


•  A jury trial was scheduled for Monday, February 28, 2011.
However, there were not enough jurors present to impanel a jury.
After the judge excused the jury for the term, he found that ONCE AGAIN the Gilmer County Prosecutor had erred in the petition that was filed in the case.
Thus Judge Alsop dismissed the petition without prejudice to the state of WV allowing the prosecutor to re-file if he chooses to do so.
Defendant was represented by Daniel Grindo of Gassaway.


•  State of WV vs. Bobby Wayne Townsend
He was before the Court for an evidentiary hearing to revoke his home confinement.
Townsend has spent approximately 5 weeks in jail awaiting the hearing.
After the state presented its case, Judge Alsop readmitted Townsend to home confinement but he is not allowed to work during his confinement, but must remain at home.
Kevin Hughart of Sissonville represented Townsend.

 

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•  State of WV vs. Michael J. Marks
He was before the Court for entry of a plea.
He pled guilty to 2 counts, 1 of conspiracy and 1 for delivery of a controlled substance.
Count 3 of the indictment was dismissed by the prosecutor, Sentencing is scheduled for Friday, April 01, 2011 at 9:30 AM.
Mark’s attorney Daniel Grindoasked for home confinement until date of sentencing, which Judge Alsop denied his motion and returned Marks to Central Regional Jail until sentencing.

G-otcha™: Federal Grand Jury Indicts Area Individuals

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Following area Indictments were among Eight individuals were named in Seven Indictments returned on Monday, March 01, 2011, by a Federal Grand Jury sitting in Clarksburg, West Virginia.

United States Attorney William J. Ihlenfeld, II, announced that:


•  BRANDON GUM, age 25, of Gassaway, West Virginia, was named in a three-count Indictment.
Count One charges GUM with the sale of a stolen Weatherby, Model Patrician, 12 gauge shotgun on October 29, 2009; Count Two charges GUM with the sale of a stolen Husqvarna, Model 9000,.300 caliber rifle on October 30, 2009; and, Count Three charges GUM with the sale of a stolen Remington, Model 870, 212 gauge shotgun on November 02, 2009, all in Gassaway.
If convicted, GUM faces a maximum exposure of 10 years imprisonment and a fine of $250,000 on each count.


•  CLYDE SCOTT, age 35, was named in a one-count Indictment.
The Indictment charges SCOTT with forcibly assaulting a corrections officer at FCI Gilmer, inflicting bodily injury, on February 09, 2010.
If convicted, SCOTT faces a maximum exposure of 20 years imprisonment and a fine of $250,000.


•  ANTONIO HALFACE, age 22, was named in a one-count Indictment.
The Indictment charges HALFACRE with possession of an object that was designed and intended to be used as a weapon at FCI Gilmer on January 26, 2010.
If convicted, HALFACRE faces a maximum exposure of 5 years imprisonment and a fine of $250,000.
This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and were investigated by the Federal Bureau of Investigation and the Special Investigative Services at USP Hazelton and FCI Gilmer.


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.

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