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Gilmer County Family Court Report - 07.22.11

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Family Court Judge Larry Whited spent most of Friday, July 22, 2011 in Gilmer County hearing cases.


•  He heard an allocation proceeding between Brian Nichols vs. Jodie L.Turner.

After which he referred them to mediation.

Ms. Turner was represented by Shelly DeMarino of Glenville.


Two divorces were granted:


•  Danny J. Mathess (36) of Cox’s Mills divorced Melissa Mathess (32) of Linn.


•  Gloria Shaffer divorced Richard D. Shaffer

But the final order has not yet been received because her attorney is preparing it.


•  A modification was heard in the case of Miranda Stump vs. Jonah Stump with a temporary order being entered.


•  A temporary order was also entered in the paternity case of Corey Dokes and Betsy Jo Wiley.


•  Genetic testing was ordered in the paternity case involving Deborah Kittle and Jeremiah Luzader.


•  A temporary order was also entered in the case of Don Marks and Heather Black.


•  A temporary order was also entered in paternity case of Gary and Stephanie Jenkins.


•  A temporary order was entered in the modification involving Donna Davisson and Ricky Pettit.


•  Two hearings were cancelled.

07.26.2011
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WV Truancy Plan to Be Detailed Thursday

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Robin Jean Davis, a justice on the state Supreme Court of Appeals, will make a major policy speech about a new initiative to combat truancy at 8:30 AM Thursday, July 28, 2011 at the Camp Dawson Conference Center in Preston County, WV, according a press release issued by the court.

Davis will speak to more than 160 teachers and school service personnel at the Kingwood facility.

Her presentation will be part of a week-long summer school sponsored by the West Virginia Federation of Teachers.

This year’s seminar this year is focused in part on family and community involvement in school improvement and behavior management.

Davis has been appointed by the Supreme Court to coordinate the efforts of numerous circuit judges throughout West Virginia who are working with their local schools on anti-truancy and anti-dropout programs.

The Court hopes Davis’ leadership will encourage more judges and schools to work together on the issues.

Gilmer County Circuit Court Report - 07.21.11

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On Thursday, July 21, 2010 Chief Judge Richard A. Facemire heard 7 cases in Gilmer County Circuit Court as follows:


•  In the civil case of Leon Ramsey vs. Arnold Drew Moody

Ramsey’s attorney moved for summary judgment against the defendant.

Judge Facemire ruled that both sides provide authority for their positions by Wednesday, August 03, 2011 and took the matter under advisement.


•  State of West Virginia vs. Richard Siers.

Siers pled guilty to counts 1,2 and 3 of the indictment returned against him charging sexual assault in the 3rd degree and the other counts against him were dismissed by the prosecutor.

His sentencing is scheduled for Monday, September 26, 2011 at 10:00 AM.

He was represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Angel Hart

She was before the Court for revocation of her probation.

Once again the Judge sentenced her to not less than 1 nor more than 5 years in the penitentiary, but suspended all but 10 days of said sentence and readmitted her to 5 years probation.

She will served 5 weekends in the Central Regional Jail to discharge her 10 days sentence.

She was represented by R. Russell Stobbs of Weston.


•  State of West Virginia vs. Jimmy Sandy

He was before the Court for sentencing, but his attorney never received notice of date and time for said sentencing.

Thus Judge Facemire rescheduled Sandy’s sentencing for Monday, August 22, 2011 at 9:10 AM.

Sandy is represented by Christopher Moffatt of Charleston.


•  State of West Virginia vs. Joran Biscombe

He was before the Court and pled guilty to count 2 charging manufacture, delivery or possession of a controlled substance with intent to manufacture or deliver a Schedule IV controlled substance.

The prosecutor dismissed the other 5 counts of this felony indictment.

His sentencing is now set for Monday, September 26, 2011 at 10:30 AM.

He was represented by Timothy Gentilozzi of Clarksburg.


•  Francis Frame vs. John Frame, et al

The civil case was before the Court on a motion to continue trial that was set for Wednesday, September 07, 2011.

The pre-trial in this case is now set for Tuesday, December 20, 2011 at 9:00 AM.

The trial is set for Tuesday, January 17, 2012 at 9:00 AM.

Due to the mediator being appointed Circuit Judge in a neighboring county, Jim Wilson will now be the mediator in this case.

Also MPB Bank was dismissed as a party to this action.

William Richardson of Parkersburg represents the plaintiff with Timothy B. Butcher of Glenville representing the defendants.


•  State of West Virginia vs. Roy Jenkins Jr.

He was before the Court asking Judge Facemire to suspend the home confinement requirements and permit him to be on home confinement without paying fees.

The Judge denied his motion and ordered him to obtain full-time verifiable employment.

Jenkins was represented by Clinton Bischoff of Summersville.

Gilmer County Circuit Court Report – 07.18.11

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


•  A hearing was held via video in the case of Steve Dilworth vs. Thomas McBride, Wardenwith Dilworth’s attorney.

Ray Shepard, participating by telephone.

After hearing the evidence Judge Alsop said he will issue a written decision in the matter and subsequently signed the file out of the Clerk’s office.


•  A review was held in a juvenile matter and reset for Monday, August 08, 2011 at 10:15 AM.


•  On Tuesday, July 12, 2011, motions were heard in the case of State of West Virginia vs. Kenny McCord and his trial on Tuesday, July 19, 2011 was cancelled after further hearings on Tuesday, July 14, 2011.

McCord is represented by David Karickhoff of Sutton.

There will be a status hearing in this case on Monday, September 12, 2011 at 10:45 AM.


•  Wednesday, July 13, 2011 was a very busy day with the petit jurors reporting for indoctrination.

•  Two jurors failed to appear and summonses have been issued for them to appear on Monday, August 08, 2011 at 9:00 AM to show cause.


•  Two pleas were taken and one jury trial was held.


•  In the case of State of West Virginia vs. Jerry Dwane Duelley II

He pled to 2 misdemeanor counts of first offense DUI and the state agreed to dismiss the remaining felony count in his indictment of possession with intent to deliver a Schedule I controlled substance.

Duelley was represented by Daniel Grindo of Gassaway.

Judge Alsop set sentencing in this matter for Thursday, September 01, 2011 at 10:45 AM and informed defendant that he would be taking testimony regarding the drugs at that time.


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•  State of West Virginia vs. Mark Alan Taylor

Taylor pled to one count of burglary with the state dismissing the remaining counts in his indictment charging false information to a trooper and transferring stolen property.

His sentencing is set for Thursday, September 01, 2011 at 10:30 AM.

Grindo also represented Mark Taylor.

Bail amount $20,000.00


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•  Jurors were selected and the trial began in the case of State of West Virginia vs. Walter Wallace Adkins Jr.

Later in the day the jury returned a verdict of guilty of fraudulent schemes.

Adkins was charged with taking $4,500.00 from Mt. Pisgah Baptist Church for a sign that he never provided to them.

Adkins was represented by Christina Flanigan of Buckhannon and will be sentenced on August 08, 2011 at 9:45 AM.

Bail amount $100,000.


•  On Thursday, July 14, 2011 Judge Alsop presided over Court most of the day again.


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•  State of West Virginia vs. Heather Ann Black

She entered a plea to count 2 of the indictment previously returned against her for possession of precursors to metharnphetamine.

She was represented by Christopher Moffatt of Charleston and will be sentenced on Monday, September 12, 2011 at 9:30 AM.

Her attorney made a motion to release her on bond pending sentencing, but the Judge denied the same.

Bail amount $50,000.00


•  Three juvenile cases were heard and one was reset for Monday, August 08, 2011 at 10:30 AM, one for Thursday, September 22, 2011 at 9:00 AM,  and the third may be transferred to the State of Ohio if officials there file pleadings in the case.


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•  State of West Virginia vs. Kendra Lynn Kohler

She was before the Court for revocation of her probation.

She remains in jail and will have an adjudicatory hearing on Thursday, September 22, 2011 at 11:00 AM.


•  Chief Judge Richard A. Facemire will hold his motion day on Thursday, July 21, 2011 and both Judges Facemire and Alsop will be off the last week of this month.


•  Judge Alsop has a criminal trial set for Tuesday, August 02, 2011 at 9:00 AM.

Jurors will need to call the recording after 4:00 PM on Monday, August 01, 2011 to check and see if the trial is still scheduled for that day.

Clay County: Murder Case Indictment

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A Clay County man is scheduled to be arraigned by a circuit judge Friday morning after being indicted this week by a grand jury.

The panel handed up an indictment of first-degree murder against Bobby Ray Hanshaw.

He was arrested in May following the shooting death of Guy Dwier near the community of Procious.

Dwier was shot at close range with a .30-.30 rifle and killed instantly.

West Virginia State Troopers say Hanshaw was mad at Dwier for allegedly stealing his ATV in 2010.

WV State Police says the two men have had previous disputes.

Hanshaw will be arraigned Friday morning in Clay County Circuit Court.

A trial date will be set.

Hanshaw is in Central Regional Jail on $800,000 Bond.

Gilmer County Circuit Court Report - 07.08.11

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On Wednesday, July 06, 2011 Judge Jack Alsop appeared in Gilmer County and opened his regular July term of Circuit Court.


•  One infant guardian case was continued until Thursday, September 01, 2011 at 9:00 AM upon agreement of the parties.


Several civil cases were set for status and dealt with as follows:


•  Billy Kennedy vs. Ramsey Associated Petroleum
Attorneys reported they are close to settlement in this 2006 case languishing on the Court’s docket.
Judge Alsop informed them they have 30 days to submit an agreed order or he will dismiss the case.


•  Michael and Rachel Langford vs. Patrick Robert Bush, et al
The case saw another status hearing scheduled for Monday, August 08, 2011 at 10:00 AM.


•  Citibank NA vs. Hannah M. Smith
The case will have a pre-trial hearing on Thursday, October 06, 2011 at 9:00 AM with bench trial to be held on Friday, November 04, 2011 at 9:00 AM.


•  Connie and Lloyd Stewart vs. Santander Consumer USA Inc.
Attorneys stated they are having settlement discussions and they have 14 days to submit a name of a mediator they agree upon.


•  Citibank South Dakota vs. Helen F. Radcliff
An agreed order of default judgment was entered.


•  Deere Credit Services Inc. vs. David W. Dickey et al*
The case was dismissed by the Court.


•  Cavalry Portfolio Services vs. Dwayne Thompson*
The case was dismissed by the Court.


•  First Resolution Investment Corp vs. Leonard F. Terrango*
The case was dismissed by the Court.


•  Ford Motor Company vs. Lucas McCune*
The case was dismissed by the Court.


*All 4 of these cases were dismissed because plaintiffs had failed to get service on the defendants in a timely manner.


•  FIA Card Services vs. Kris P. Snyder
The case will have a bench trial in this case on Thursday, October 06, 2011 at 2:00 PM.


•  Leslie Equipment Co. Inc. vs. Herbert Dickey
The case was dismissed by plaintiff’s counsel.

Chief Judge Facemire and Judge Alsop both appeared in Gilmer County to conduct hearings on Thursday, July 07, 2011.


•  Judge Facemire held a judicial review in a juvenile case and scheduled it for further review on Friday, September 26, 2011 at 9:20 AM.


•  State of West Virginia vs. Stephanie Smarr
She pled to count 1 of forgery in her Gilmer County case and count 1 of an information alleging conspiracy in Braxton County.
Sentencing is scheduled for her on Monday, September 26, 2011 at 9:30 AM.
She was represented by Christina Flanigan of Buckhannon.


•  Judge Alsop ran through a 6 page docket on July 07, 2011 as well.

•  Twenty-two (22) capias’ were reissued for failure to appear in criminal cases with some being pending since 2000.


Trials and pleas were set as follows:


•  State of West Virginia vs. Walter Wallace Adkins Jr.
This will be the first trial on Wednesday, July 13, 2011.


•  State of West Virginia vs. Jerry D. Duelley II
This will be the 2nd trial on Wednesday, July 13, 2011.


•  State of West Virginia vs. Heather Black
She will enter a plea at NOON on Wednesday, July 13, 2011.
Heather Black is represented by Christopher Moffatt of Charleston.


•  State of West Virginia vs. Mark Alan Taylor
He will enter a plea at 4:00 PM on Wednesday, July 13, 2011.
Mark Taylor is represented by Daniel Grindo of Gassaway.


•  State of West Virginia vs. Kenneth McCord
Motions will be heard in at 9:00 AM on Tuesday, July 12, 2011 with his trial set for Tuesday, July 19, 2011.
He is represented by David Karickhoff of Sutton.


•  State of West Virginia vs. Felix Aviles Jr.
The case will go to trial on Tuesday, August 02, 2011 at 9:00 AM.
He is represented by David Karickhoff and being prosecuted by special prosecuting attorney Kelly McLaughlin from Braxton County.


•  State of West Virginia vs. Christoper McVaney
He saw his trial set for Tuesday, September 27, 2011 at 9:00 AM.
He is represented by R. Russell Stobbs of Weston and is being prosecuted by special prosecutor McLaughlin as well.


•  State of West Virginia vs. Evan Tingler
He was before the Court for sentencing.
However, the Judge deferred sentencing and placed him on 5 years probation after he had successfully completed the program at Anthony Center for Youthful Offenders.
He must pay court costs, attorney fees and restitution to the victims in his case, plus perform 120 hours of community service per year of probation, which will be reduced to 80 hours if he is employed.
He must be drug tested once a week for at least 6 months as well.
He was represented by Russell Stobbs.


•  State of West Virginia vs. James Lee Shields
He saw his pre-trial set for Thursday, September 01, 2011 at 9:00 AM and his trial is on Thursday, September 29, 2011.
He is represented by Christopher Moffatt.


•  State of West Virginia vs. Michael Radcliff
He was before the Court for reconsideration of his sentence, which the Judge took under advisement and he is to submit proof of employment.
He was represented by David Karickhoff.


•  Stonewall Jackson Memorial Hospital vs. Cynthia Jo Clevenger
Saw default judgment entered in this case.


•  WACO Oil & Gas Inc. vs. PJ’s Day Care
The case was before the Court for status and an agreement was submitted where defendant is paying off the plaintiffs.


•  One criminal case was expunged by the Court.


•  A juvenile case was heard and dispositional hearing set for 11:00 AM on Monday, August 08, 2011.


•  On Friday, July 08, 2011 Judge Alsop returned for another juvenile dispositional hearing.


•  Monday, July 11, 2011 is Judge Alsop’s regular monthly motion day.


•  On Tuesday, July 12, 2011, he will hear motions on: State of West Virginia vs. Kenneth McCord


•  On Wednesday, July 13, 2011 petit jurors report and a criminal trial will begin.


•  On Thursday, July 14, 2011 3 juvenile cases will be heard and a revocation of probation in State of West Virginia vs. Kendra Kohler.

07.12.2011
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Lewis County: The Grand Jury Hands Down 28 Indictments - 07.11.11

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The July term of the Lewis County grand jury convened Monday, July 10, 2011 with Judge Thomas Keadle Presiding.


Prosecuting Attorney Gary Morris presented 28 individual cases.


•  Jerry Berkhammer, 70, of Weston faces charges of six counts of operating an unlicensed salvage yard.


•  Justin Michael Bland, 29, of Weston faces charges for one count of conspiracy and one count fraudulent schemes.


•  Tammy Jean Chipps, 35, of Weston faces charges for twelve counts of sexual abuse by a parent.


•  William Wayne Coonts, 29 of Jane Lew faces a charge for one count of burglary.


•  Randy Lee Dennison, 45, of Camden faces a charge for one count of driving while license is revoked for a third offense DUI.


•  James Allen Frymier, Jr. , 26, of Weston faces charges for four counts of conspiracy and one count for fraudulent schemes.


•  James H. Fultineer, 48, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Chelsey Nicole Garrison, 23, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Harry Leroy Goldsmith, 77, of Weston faces charges of one count of sexual abuse by a person in a position of trust and seven counts of incest.


•  Lindsey Heater, 22, of Heaters faces charges for two counts of forgery and two counts of uttering.


•  Mary Jane Hefner faces charges for fifteen counts of obtaining a controlled substance by misrepresentation.


•  Alex Paul Jordan, 22, of Jane Lew, faces charges for one count of possession of a controlled substance with intent to deliver.
According to the criminal complaint, a Sheriff’s deputy pulled Jordan over for driving without his headlights on.
The deputy found about 73 grams of marijuana, digital scales and a glass smoking pipe.


•  James D. Lorentz, 27, of Camden faces charges for one count of domestic battery third offense and one count of unlawful wounding.


•  Angel D. Marple, 39, of Weston faces a charge of one count of conspiracy.


•  Peck Howard Marsh, 34, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Donald Dewayne Mayo, 35, of Horner faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Benjamin L. Phillips, 45, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  William J. Posey, 30, of Weston faces a charge for third offense domestic battery.


•  David Tyler Raines, 20, of Weston, faces charges for twelve counts of third degree sexual assault.


•  Kyre T. Richardson, 21, of Weston faces charges of four counts malicious wounding. According to the criminal complaint, Richardson shot a nine-year-old four times in the back with a BB gun.


•  Sharon Riddle, 42, of Weston, faces charges for one count of welfare fraud.


•  James Lee Robinson, II, 40, of Enterprise, faces charges for three counts of forgery, two counts of uttering and one count of third offense of driving while his license was revoked for DUI.


•  Jerry Ron Sands aka Michael Whitman, 49, of Barboursville faces one charge of grand larceny.


•  Rebecca Workman Shaver, 44, of Weston faces a charge for one count of conspiracy.


•  Marie Ella Shreve, 30, of Weston faces charges for one count of conspiracy and one count of fraudulent schemes.


•  Clarence Noel Slaughter, 53, of Weston, faces charges for two counts of refusing to provide accurate sex offender registration information.


•  Samuel Joseph Smith, 26, of Weston faces one count of malicious wounding and one count of wanton endangerment.
According to the criminal complaint, Smith shot his wife Amie in the chest.


•  Shelby Andrew Yeager, 67, of Weston, faces charges for two counts of refusing to provide accurate sex offender registration information.

Doddridge County: The Grand Jury Returns 9 Indictments - 07.11.11

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The Doddridge County Grand Jury took up nine cases in the July 2011 term on Monday, July 11, 2011.


•  Crystal Dawn Ash, 31, of Clarksburg, is charged with transportation of controlled substance onto the grounds of the North Central Regional Jail.


•  Michael A. Bowyer, 33, of New Milton, is charged with child abuse resulting in injury and battery.


•  William Herold Burgess, 44, of Clarksburg, is charged with third degree arson.


•  Timothy James Gore, 20, of Lost Creek, is charged with three counts of sexual abuse in the first degree.


•  Shane Michael Gray, 36, of Greenwood, West Virginia, is charged with one count of malicious wounding.


•  Angela Dawn Lawfield, 36, of Parkersburg, is charged with transportation of controlled substance onto the grounds of the North Central Regional Jail.


•  Jeffery A Lowe, Sr. , 51, of Salem, is facing two charges of delivery of a controlled substance.


•  James Robert McKinney, 25, of Vincent, Ohio, is charged with six counts of sexual assault in the third degree.


•  Kimberly Shaver, 31, of West Union, is charged with forgery and uttering.

G-otcha™: Two Enter Guilty Pleas in Federal Court – 07.06.11

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Two area individuals entered guilty pleas in United States District Court in Clarksbutg, WV.


•  Michael Cawthon, of Gassaway

Entered a plea of guilty to one count of distribution of heroin within 1,000 feet of West Virginia Junior College in Bridgeport.

Cawthorn, who is free on bond, faces a maximum penalty of 40 years in prison and a fine of $2,000.


•  Larry Bailey, of Ireland

Entered a plea of guilty to one count of possession of equipment, chemical, product, and material used to manufacture methamphetamine in Randolph County.

Bailey, who is free on bond, faces a maximum penalty of 10 years in prison and a fine of $250,000.

Marion County Man Sues Local Drillers Over Gas Wells

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A Marion County man is suing two natural gas companies, arguing that even though they own the mineral rights under his land, they don’t have the right to use the surface to sink wells that will drain gas from neighboring properties.

Richard Cain is suing Exxon Mobil subsidiary XTO Energy and Glenville-based Waco Oil and Gas in Marion Circuit Court.

The case could have implications for future dealings between gas drillers rushing to tap the vast deposits of the Marcellus Shale field underlying much of West Virginia.

XTO declined comment on the lawsuit, and Waco didn’t immediately respond to a telephone message Tuesday.

To reach the mile-deep Marcellus reserves, companies use unconventional horizontal drilling and hydraulic fracturing or “fracking’‘ technologies, in which millions of gallons of chemical-laden water are blasted underground to break up the rock and release the gas.

State regulators spent much of 2010 developing a package of new drilling rules for lawmakers to consider, but the last session ended without an agreement.

For now, drilling companies operate under the same regulations that have governed shallow, conventional gas drilling for decades.

XTO began using Cain’s land last year, but he delayed the lawsuit while awaiting new legislation.

Attorney David McMahon, co-founder of the West Virginia Surface Owners’ Rights Organization, said Cain bought a total of 138 acres in 1989 but didn’t obtain the mineral rights.

They’d been sold more than a century earlier.

Cain planned to leave the land to his children and is now “heartsick’‘ that the companies plan to disrupt 36 of the 105 acres he still owns, McMahon said.

Cain acknowledges the companies have a right to the gas, but he contends the amount they will get is too minute to justify the surface disruption.

He also claims ownership of the mineral rights doesn’t give them the power to drill multiple wells.

The lawsuit says XTO has approval for one 12-acre well pad. From there, it can drill as many as six horizontal wells.

XTO plans to put two more pads on Cain’s land, and the lawsuit says that means it could effectively disrupt nearly 40 percent of the surface without Cain’s permission.

Under current law, drilling companies must compensate surface owners for lost income, expenses and damages. But McMahon argues the formula is inadequate.

“The value shouldn’t just be what it’s worth to the seller, but what it’s worth to the buyer—who is the driller in this case,‘’ McMahon said.

He suggests that’s about $25,000 per well.

Marion Circuit Judge Fred Fox has scheduled the first status conference in the case for August 08, 2011 in Fairmont.

~~  AP ~~

Gilmer County Family Court: Civil Action No.  11-D-19

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ORDER OF PUBLICATION
FAMILY COURT OF GILMER COUNTY, WEST VIRGINIA

Civil Action No.  11-D-19

IN RE THE MARRIAGE OF:

MARY A.  HOSEY (PETITIONER)    and     ANTHONY C.  HOSEY (RESPONDENT)


THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.

To the Above Named Respondent:

It appearing by affidavit filed in this action that ANTHONY C.  HOSEY is a non-resident of the State of West Virginia, it is hereby ordered that ANTHONY C.  HOSEY Serve Upon MARY A.  HOSEY Petitioner’s attorney, whose address is   410 W, Main Street, Glenville, WV   26351 , an Answer, including any related counterclaim or defense you may have to the Petition for Divorce filed in this action on or before July 24, 2011. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition.

A copy of said Petition can be obtained from the undersigned Clerk at his/her office.

Entered by the Clerk of said Court     June 15, 2011

Karen Elkin
Clerk of Court

Gilmer County Family Court: Civil Action No.  11-D-40

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ORDER OF PUBLICATION
FAMILY COURT OF GILMER COUNTY, WEST VIRGINIA

Civil Action No.  11-D-40

IN RE THE MARRIAGE OF:

LEONA FAY BATTLE (PETITIONER)    and     KYVIN TYRONE BATTLE (RESPONDENT)

THE OBJECT OF THIS SUIT IS TO OBTAIN A DIVORCE.

To the Above Named Respondent:

It appearing by affidavit filed in this action that KYVIN TYRONE BATTLE is a non-resident of the State of West Virginia, it is hereby ordered that KYVIN TYRONE BATTLE Serve Upon LEONA FAY BATTLE Petitioner, whose address is   4 College Street, Glenville, WV   26351 , an Answer, including any related counterclaim or defense you may have to the Petition for Divorce filed in this action on or before July 24, 2011. If you fail to do so, thereafter judgment, upon proper hearing and trial, may be taken against you for the relief demanded in the Petition.

A copy of said Petition can be obtained from the undersigned Clerk at his/her office.

Entered by the Clerk of said Court     June 15, 2011

Karen Elkin
Clerk of Court

Doddridge County: Former Sheriff Sentenced on Sex Related Charges

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Bill Holden, the former Doddridge County Sheriff pleaded guilty to one count of showing obscene matter with intent to seduce a minor on Wednesday.

He was sentenced to two years in prison but that was suspended for supervised probation.

In 2009, Holden was charged with intent to seduce a minor and first degree sexual abuse by a parent, guardian or custodian.

Holden allegedly sexually abused a then 10-year-old boy and a 12-year-old girl.

G-FYI™: United States Attorney’s Office Complaint Form

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Following the questionable and unprecedented takeover of Gilmer County schools by the West Virginia State Board of Education on June 08, 2011, many Gilmer County citizens have been searching for a way to show their dissatisfaction and lack of faith in the people at the West Virginia State Education Department.

Letters to the Editor, public polls, and comments show that people in Gilmer County are not satisfied that the takeover was set into motion for other than political reasons.

Per your requests, the following printable document can be filled out and submitted per instruction on the form:

United States Attorney’s Office Complaint Form

Gilmer County Circuit Court Report - 06.28.11

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Chief Judge Richard A. Facemire appeared in Gilmer County for his regular monthly motion day on Monday, June 27, 2011.


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

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Matthew Alan Barto was represented by Sutton attorney, David Karickhoff.

Authorities in Ohio have until 4:00 PM on Tuesday, July 05, 2011 to pick Barto up or Central Regional Jail will release him.


•  Two juvenile cases were reviewed and further hearings will be set Wednesday, August 24, 2011 at 9:10 and 9:20 AM.


Several defendants were before the Court, some for pleas and some for sentencing as follows:

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•  State of West Virginia vs. Yarica Jackson

and

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•  State of West Virginia vs. Mary Ann Starcher were each sentenced to:

a)  not less than 1 nor more than 5 years on Count 1 of the indictment;

b)  not less than 1 nor more than 5 years on Count 21 of the indictment;

c)  not less than 1 nor more than 5 years on Count 41 of the indictment,

d)  not less than 1 nore more than 5 years on Count 61 of the indictment,

e)  not less than 1 nor more than 5 years on Count 62 of the indictment, and

f)  not less than 1 nor more than 5 years on Count 81 of the indictment.

All the sentences will run consecutive to each other for a total of not less than 6 nor more than 30 years.

Jackson will pay court costs but had no fine assessed against her.

She was represented by Kevin Hughart of Sissonville.

Starcher was fined $10,000.00 in addition to the court costs.

She was represented by Christina Flanigan of Buckhannon.


•  State of West Virginia vs. Danny J. Reaser

He was before the Court for sentencing upon his former plea of guilty to failure to provide sex offender registration change of information.

Judge Facemire ordered him to self report for Diagnosis and Classification and then he will be sentenced on Monday, October 24, 2011 at 9:30 AM.

Reaser was also represented by Kevin Hughart.


•  State of West Virginia vs. James Roberson

He was also before the Court for sentencing upon his former plea of guilty to possession with the intent to manufacture (marijuana).

He was sentenced to not less than 1 nor more than 5 years in the penitentiary with the sentence being suspended and him being placed on probation for 5 years

He must perform 100 hours of community service for each year of probation, and he must enroll in college or a trade school or get full time employment.

He has to pay customary and usual court costs but no fine and he must do a book report and submit to the court.

Roberson was also represented by Kevin Hughart.


•  State of West Virginia vs. Angel Hart

She was sentenced to not less than 1 nor more than 5 years in the penitentiary upon her former “Kennedy plea” (no admission of guilt) to conspiracy.

Her sentence was suspended and she was placed on 5 years probation with no fine but customary court costs.

She also must maintain employment.

Later in the day she was given a breathalyzer test and results were positive for alcohol.

She was represented by R. Russell Stobbs of Weston.


•  State of West Virginia vs. Laura LaFever

She pled guilty to 2 misdemeanor charges of trespass and petit larceny.

All other counts of her indictment were dismissed by the prosecutor.

She was represented by David Karickhoff of Sutton and will be sentenced on Wednesday, August 24, 2011 at 10:15 AM.


•  State of West Virginia vs. Jimmy Sandy

He failed to appear for his sentencing and a capias was issued for his immediate arrest with bond being set at $250,000.00 CASH.

He was represented by Christopher Moffatt of Charleston.


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•  State of West Virginia vs. Roseann Jean Shelton

She was before the Court for a plea and she was represented by David Karickhoff.

She pled to count 2 of the indictment charging child neglect creating risk of injury.

Count 1 of the indictment was dismissed by the prosecutor.

Judge Facemire ordered the probation officer to do a presentence investigation and set sentencing for Wednesday, August 24, 2011 at 11:00 AM.

On April 29, 2011, Shelton had failed to appear in Court for a pre-trial hearing and Judge Facemire ordered a capias be issued for her, and she has been incarcerated since that time under a $200,000.00 cash bond.

On this date, judge reset the bond at $15,000.00 and if she posts bond she will be released from jail pending sentencing Wednesday, August 24, 2011.


•  State of West Virginia vs. Billy Tomblin

He was before the Court again for reconsideration of his one year sentence in the Central Regional Jail imposed by Judge Facemire previously.

After much deliberation Judge Facemire gave him a second chance and released him from jail and readmitted him to 5 years probation.

He is to perform community service by working at an animal shelter or for a veterinarian (with no pay).

He is to make restitution at a minimum of $50.00 per month and get a part time job while he is attending Glenville State College.

He also must pay court costs and his jury costs.

Desi Garrett, one of the victims of his crime, spoke at the hearing again.

Tomblin was also represented by David Karickhoff.


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•  State of West Virginia vs. Shanna Marie Johnson

She was before the Court for sentencing upon her former plea of guilty to count 1 charging forgery and count 2 charging uttering. She received two consecutive 1-10 year sentences in the penitentiary, with sentencing being deferred until she goes to Anthony Center as part of her Braxton County plea deal.

She received no fine but must pay court costs.

She may apply for probation if she successfully completes the program at Anthony Center.

She was represented by Clinton Bischoff of Summersville.


•  State of West Virginia vs. Jerome Biscombe

He was to appear for his plea hearing, but the Clerk’s office had failed to sent a notice to his newly hired criminal attorney so neither showed up.

Judge Facemire ordered a capias be issued and his bond revoked.

However, after the Clerk explained the error to the Court he reset the plea hearing for Thursday, July 07, 2011 at 9:30 AM.

Kevin Hughart was his court appointed attorney, but he has since hired Timothy Gentilozzi of Clarksburg.


•  State of West Virginia vs. Telerra L. Lowry

She was before the Court for sentencing upon her former plea to conspiracy.

She was given a 1-5 year sentence, which was suspended and she was placed on 5 years probation which will be transferred to the state of Oklahoma where she now resides with her father.

She received no fine but must pay court costs within 18 months.

She was represented by Daniel Grindo of Gassaway.


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•  State of West Virginia vs. Richard Lee Siers

He saw his plea continued to Thursday, July 21, 2011 at 9:30 AM upon the request of his attorney David Karickhoff.


•  State of West Virginia vs. Stephanie Smart

Her plea was rescheduled for Thursday, July 07, 2011 at 9:30 AM.

She was represented by Christina Flanigan of Buckhannon.

Later she failed her urine screen and must self report to Central Regional Jail at 9:00 AM on Tuesday, June 28, 2011 unless she produces a prescription for what showed up in her urine.

Gilmer County Animal Abuse Case: One Released, Four Still in Jail

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On May 25, 2011, Gilmer County Sheriff Deputies went to the Greenleaf/ Wallbrown residence on Kelly Run Road in Glenville after receiving numerous complaints over the past two years.

The family had been warned about trash and underfed animals on the property.

Most of the animals were in poor condition and had no food or water.

Deputies took digital photos and logged the animals that were seized.

Six horses, eleven dogs, two rabbits, twenty-three chickens, and a cockatoo were caught.

A turkey, some chickens, guineas, and ducks could not be caught at the time.

One horse and a dog were released to Lenard Olson and Rosealeta Hill, the owners.

Thirteen of the forty-three animals showed signs of severe starvation and mistreatment, mainly horses and dogs.

A list of the animal’s owners was given to the deputies.

On June 22, 2011, Debbie Hess, who was caring for the animals, reported to the officers that the two rabbits had died, and the other animals had lice and worms.

Sheila Hamric, who was caring for four of the horses, reported to the deputies that two of them were in bad shape and all had lice and medical problems.

Gilmer County Sheriff Deputies arrested:

Kenneth L. Greenleaf


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Diana Ann Wallbrown, 50

 

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Savannah Ann Wallbrown, 21

 

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Larry Rex Wallbrown, 23

 

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Sara Ann Greenleaf, 25

 

All were arraigned before Carol Wolfe, Magistrate, and charged with 13 counts of cruelty to animals and littering more than 500 pounds.

Bond was set at $15,000 for each.

Bond was posted for Kenneth Greanleaf and he was released from jail on June 26, 2011.

06.28.2011
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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.

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.

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.

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